Jenny leased a piece of property from Dennis. At the end of the lease term, Jenny decides to remain on the property. How long can Jenny stay on the property if Dennis does not want Jenny on the property? The answer is two months or less.
Should the lessee remain in possession of property after the expiration of an initial lease, and the lessor knows of this holdover, the parties are deemed to have renewed the contract for an indefinite period. In this situation, either party may terminate the lease at any time, provided that notice of at least one rent period is given, but no more than two months notice need be given.
Section 570 of the Civil and Commercial Code provides as follows.
If, at the end of the agreed period, the hirer remains in possession of the property and the letter knowing thereof does not object, the parties are deemed to have renewed the contract for an indefinite period.
Section 566 of the Civil and Commercial Code provides as follows.
If no period is agreed upon or presumed, either party may terminate the contract of hire at the end of each period for the payment of rent, provided that notice of at least one rent period is given. But no more than two months notice need be given.
Thus, if Jenny remains in possession of property at the end of a lease, even if it is a long-term lease (ex. 30-years), Jenny should start packing. Dennis can lawfully terminate the lease in two months or less.
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