Cal. Civ. Code § 55.1-1253
Periodic tenancy; holdover remedies.
Operative Text
A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement. In the event that no such agreement is reached, the provisions of § 55.1-1251 shall control. B. Notwithstanding the provisions of subsection A, any owner of a multifamily premises that fails to renew the greater of either 20 or more month-to-month tenancies or 50 percent of the month-to-month tenancies within a consecutive 30-day period in the same multifamily premises shall serve written notice on each such tenant at least 60 days prior to allowing such tenancy to expire. For the purposes of this subsection, 60 days' notice shall not be required to allow a tenancy to expire where the tenant has failed to pay rent in accordance with the rental agreement. C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and may also recover actual damages, reasonable attorney fees, and court costs, unless the tenant proves by a preponderance of the evidence that the failure of the tenant to vacate the dwelling unit as of the termination date was reasonable. The landlord may include in the rental agreement a reasonable liquidated damage penalty, not to exceed an amount equal to 150 percent of the per diem of the monthly rent, for each day the tenant remains in the dwelling unit after the termination date specified in the landlord's notice. However, if the dwelling unit is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, any liquidated damage penalty shall not exceed an amount equal to the per diem of the monthly rent set out in the lease agreement. If the landlord consents to the tenant's continued occupancy, § 55.1-1204 applies. D. In the event of termination of a rental agreement where the tenant remains in possession with the agreement of the landlord either as a hold-over tenant or a month-to-month tenant and no new rental agreement is entered into, the terms of the terminated agreement shall remain in effect and govern the hold-over or month-to-month tenancy, except that the amount of rent shall be either as provided in the terminated rental agreement or the amount set forth in a written notice to the tenant, provided that such new rent amount shall not take effect until the next rent due date coming 30 days after the notice.
Va. Code § 55.1-1253 establishes the rules for ending periodic tenancies and for situations where a tenant stays beyond the lease term. For week-to-week tenancies, either party must give at least seven days' written notice before the next rent due date; for month-to-month tenancies, at least 30 days' written notice is generally required, unless the rental agreement specifies otherwise. Owners of multifamily properties who choose not to renew a large number of month-to-month tenancies within a 30-day window must provide 60 days' notice to each affected tenant. If a tenant remains after the tenancy ends without the landlord's consent, the landlord may pursue possession, actual damages, attorney fees, and court costs, and may also include a liquidated damages clause in the rental agreement capped at 150 percent of the daily rent rate (or the daily rent rate itself for HUD-regulated units).
Plain English — not legal advice.
Under Va. Code § 55.1-1253, compliant operators serving notice on month-to-month tenants generally provide written notice at least 30 days before the next rent due date, or follow any different notice period specified in the rental agreement. Operators of multifamily properties who plan to non-renew a large cluster of month-to-month tenancies—20 or more, or 50 percent of such tenancies, within any consecutive 30-day period—must serve each affected tenant with at least 60 days' written notice. Rental agreements may include a liquidated damages clause for holdover occupancy, but the daily penalty is capped at 150 percent of the per diem monthly rent, or at the per diem monthly rent for HUD-regulated units, so operators generally ensure any such clause stays within those limits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 55.1-1253 gives tenants in week-to-week arrangements the right to receive at least seven days' written notice before termination, and tenants in month-to-month arrangements the right to at least 30 days' written notice (or more if the lease provides for it). Tenants in larger multifamily buildings who are among a large group of month-to-month tenants being non-renewed at the same time are entitled to 60 days' notice under this provision. If a landlord seeks possession or damages after a holdover situation, the statute allows a tenant to raise as a defense that their failure to vacate by the termination date was reasonable, and tenant-rights organizations or legal aid services can help tenants understand how that defense and the limits on liquidated damages under § 55.1-1253 may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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