Cal. Civ. Code § 1943
California Civil Code
Operative Text
A hiring of real property, other than lodgings and dwelling-houses, in places where there is no custom or usage on the subject, is presumed to be a month to month tenancy unless otherwise designated in writing; except that, in the case of real property used for agricultural or grazing purposes a hiring is presumed to be for one year from its commencement unless otherwise expressed in the hiring.
Cal. Civ. Code § 1943 establishes default tenancy durations for non-residential real property when no written agreement specifies a different term and no local custom or usage applies. For most commercial or non-residential property, the law presumes a month-to-month tenancy. Agricultural and grazing land is treated differently — absent an express agreement, those hirings are presumed to run for one year from the date they begin.
Plain English — not legal advice.
Under Cal. Civ. Code § 1943, operators leasing non-residential property — particularly commercial spaces — generally put the intended tenancy term in writing to avoid the default month-to-month presumption. Landlords managing agricultural or grazing land should be aware that without an express term in the hiring agreement, a one-year duration is presumed by law. Documenting the agreed-upon term clearly at the outset of any non-residential tenancy is a standard practice among compliant property managers.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1943 provides non-residential tenants with a baseline protection: if no written term is specified and no local custom applies, a commercial tenant generally holds a month-to-month tenancy by default. Tenants of agricultural or grazing land may have grounds to assert a one-year tenancy even without a formal written agreement, if no other term was expressed at the start of the hiring. Tenants who believe their tenancy duration is being mischaracterized can explore their rights through a tenant-rights organization or by reviewing the statute directly.
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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