Holdover and notices in a commercial tenancy.

If the tenant stays after the term ends and the landlord accepts rent, the parties are presumed to have renewed the lease on the same terms for the same period, but for no more than one month when rent is paid monthly, and never for more than one year.[1]

A tenant who holds over after the term without the landlord's permission is in unlawful detainer under Code of Civil Procedure 1161.[2]

A periodic tenancy ends on written notice at least as long as the period, but no more than 30 days is required. Either party may end a month-to-month tenancy with at least 30 days' notice.[3]

The parties may agree, when the tenancy starts, on a notice period of not less than 7 days.[3]

The landlord's notice must include the abandoned-property statement, and no fee may be charged for serving notices. This is the text as amended by SB 611, in force since January 1, 2025.[3]

For a qualified commercial tenant, Civil Code 1946.1 asks the landlord for 60 days' notice, or 30 days if the tenant has occupied the premises less than a year.[4]

The notice gives three days to pay, not counting Saturdays, Sundays and judicial holidays, and must state the amount due and how to pay it.[2]

It may be served within one year after the rent is due, and no fee may be charged for serving it.[2]

For commercial real property, the notice may state an amount clearly identified as an estimate. An amount the landlord claims, or the tenant tenders, within 20% more or less of the amount the court finds due is presumed reasonably estimated. The section also has rules for partial payments after the notice and after a case is filed.[5]

Our readingThat helps with CAM or percentage rent arrears, where the exact figure is often unsettled.[5]

The defendant has 10 days to respond to the complaint, not counting weekends and judicial holidays, plus five court days if service is completed by mail or in person through the Secretary of State's address confidentiality program. This is the text as amended by AB 2347, in force since January 1, 2025.[6]

The courts' self-help pages explain the process, mostly with residential examples. Form UD-100 is the complaint.[7][8]