What is a holdover tenant in California?
A holdover tenant in California is one who remains in the unit after the lease term has ended without signing a new lease. By default, a holdover converts to a month-to-month tenancy on the original terms (with new rent if a valid increase notice was served). The landlord has two options: accept the holdover (tenancy continues month-to-month) or refuse and serve a notice to vacate to begin eviction. If the landlord accepts a rent payment after lease end, they typically have accepted the holdover. California courts read acceptance of rent strictly against the landlord.
Source: California landlord-tenant code
This is an informational answer based on California landlord-tenant code as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a California-licensed attorney.