Cal. Civ. Code § 1945
California Civil Code
Operative Text
If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from him, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one month when the rent is payable monthly, nor in any case one year.
California Civil Code § 1945 establishes what happens when a tenant stays in a rental property after their lease ends and the landlord accepts rent from them. Under this rule, both parties are presumed to have entered into a new rental agreement on the same terms as the original, with the renewal period matching the original rent-payment interval but capped at one month for month-to-month arrangements and never exceeding one year in any situation. This presumption applies automatically by operation of law when the two triggering conditions — continued possession and accepted rent — are both present.
Plain English — not legal advice.
Under Cal. Civ. Code § 1945, a property owner or manager who collects rent after a lease term expires may inadvertently create a new tenancy on the original lease's terms. Compliant operators typically document their intentions clearly before a lease expires — for example, by issuing written notices that any accepted payment is not intended to renew the tenancy — to avoid an unintended holdover renewal. Keeping records of all communications around lease-end dates is a practice commonly associated with managing this provision's presumption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1945 provides tenants with a legal presumption that their tenancy has been renewed on the original terms if they remain in the unit and the landlord accepts rent after the lease expires. This means a landlord generally cannot claim the tenancy ended while simultaneously accepting rent payments, as the statute presumes a new agreement was formed. Tenants who believe a landlord is acting inconsistently with a renewed tenancy under § 1945 may consider consulting a local tenant-rights organization or raising the provision as a defense in any relevant legal proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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