You hear a lot about the month to month lease. I've heard that if you have someone on a month to month lease and you evict that a person. They can technically stay in your property for 60 to 90days without paying even after the eviction notice. Is this correct?


I also once head that if you have the person on a day to day lease that if the person becomes a problem you can have him leave the very next day. Is this correct?

Well, for as short as your question looks... there's a lot to it.

The first, and probably most important aspect of the answer, will vary depending on where the property is located. Each state has different laws and different lengths of notices that must be given, etc. There is a "sticky" at the top of this forum that has a link to each state's landlord / tenant laws. In most cases you should be able to find an outline of how your state handles evictions on there.

Another issue that may come into play is that if you're renting property literally by the day it may be considered a hotel, rather than a residential lease. That also varies a lot.

Generally, the amount of notice you must give someone is based on how often they pay rent. That's just to give them a general notice to move out and end their "periodic tenancy". If you're wanting to evict for non-payment of rent or another lease violation, your state will have a procedure for this. Again, this is very general... you'll give them a notice to pay (or stop whatever violation their committing). It can be anywhere from 3 to 10 days - whatever your state requires. Then at the end of that time frame if the violation hasn't been corrected you would proceed to your local eviction court (usually Justice of the Peace or Magistrate) and file an eviction suit against them. A court date will be set, they'll be served notice of the hearing. You'll either get a default judgement against them if they don't attend the hearing or they'll show up to defend themselves. Assuming the judge rules in favor of eviction they'll have another period to get out. (It's actually a period they have to file an appeal.) If that comes and goes and they're not out then you go file for a writ of possession and that's when the sherriff will finially come remove them and return possession of the property to you. It CAN / COULD take as long as 60 to 90 days... or even longer in some places. Where I live I can have someone out in less than 3 weeks.

As far as getting someone out the next day if they're day - to - day... I think that's true if you qualify as a "hotel / motel" type lodging. If it's a residential rental you'd still have to evict unless they just go willingly.

Sorry, I rambled on a bit. Hope that answered or steered you in the right direction.

This is a property in califorina


You hear a lot about the month to month lease. I've heard that if you have someone on a month to month lease and you evict that a person. They can technically stay in your property for 60 to 90days without paying even after the eviction notice. Is this correct?


I also once head that if you have the person on a day to day lease that if the person becomes a problem you can have him leave the very next day. Is this correct?

First, while its certainly possible for it to take as much as 90 days to get someone evicted, that doesn't mean they don't continue to owe rent during that time. They can be sued for any unpaid rental.

Second, I've never heard of a day to day lease. Such transient housing is normally known as a hotel. Such a person doesn't establish residence and can be put out.

Note: I combined the threads, please use the Answer This Question options to provide a follow-up, Don't start a new thread.

Landlord Tenant law is easy to find online and CA's is no different. CA Civil Code or CCCs.

Google and ye shall find... huh, that sounds kind of right but not quite :confused:

Also a less-than-12-month lease agreement exists in most states unless a written, signed and NOTARIZED lease agreement was used (and normally then recorded in deed records).

Such a written, signed and notarized doc is normally agreed to be in compliance with a state's Statute of Frauds, (which requires long term RE docs like this to be done that way) or else declares them invalid and constituting only M-to-M rental agreements if not so formalized .

The CCCs has a volume or two on LL/T law and it'll contain CA law on what exactly is required to be given the T when the LL is evicting him; when doing serious legal briefing I sometime prefer the bound books of the statutes (like CCCs in CA) and every courthouse in CA has those in their law libraries which are open to public.