Leasehold Estates

As written about previously there are four types of tenancies:

• Fixed term tenancies
• Periodic tenancies
• Tenancies at will
• Tenancies at sufferance, aka holdover tenancies

Whenever the landlord does not establish a tenancy and they do not transfer the right to occupy the real estate, which may be done orally, in writing or through their actions (this is called a grant) whoever takes possession of the property is a trespasser.

When a former legal tenant continues to hold possession of the real estate after their right to occupy has expired, that unlawful possession of the property without contractual right is called an unlawful detainer.

Although there are circumstances which may prevent the real estate owner to prevent them from changing the minds concerning a license. When a person has been given a license to use the land and, in the process, they have made substantial expenditure to improve or maintain the property and have done so over a long period of time then they may be granted an irrevocable license. Notice the verbiage is not exact because each judge may view these cases differently.

However, a landlord may change the type of tenancy in the relationship by using the proper notices.

In short, the tenants can shift from one type of tenancy to another by the proper use of:

• Notice
• Expiration of the lease
• By conduct

Because of the popularity of the Airbnb, it should be noted that the person who reserves the property is not a renter they are considered guest and the landlord rental laws do not apply to them. These people are guest at vacation properties, hotels, inn, boarding houses, tourist homes and their agreements are called transient occupancy. There agreements are reservation agreements and not rental agreements and they are usually less than 30 days.

If or when a guest stays longer than agreed upon no court action is needed to remove the guest. To do so the landlord or manager should have the guest sign a notice which states that at the checkout time the property is needed at that hour to prepare it for the next guest. Once this is done , and the guest does not leave the landlord or manager may enter the property, and take possession and rekey the doors and clean up for the next guest. If this action may cause a problem the police or sheriff may be needed. They will often time offer self help

Again, it is important to consult a lawyer or trained professional Which I am neither. Real estate management is not my specialty.

Note: Images on this blog site are from a free source or taken by the author. No image or group of photos is intended to represent the people the author serves. The author does not care about Race (that is a politically correct term that he does not like because we are all of the same Race, the Human Race. He prefers the term ethnicity, color, religion, sex, gender, marital status, disability, genetic information, national origin, source of income, Veteran or military status, ancestry, citizenship, primary language or immigration status.) He is a service provider for all people. We will all rise together when we band together and help one another. Joseph Erwin is a Real Estate Broker, DRE # O2131799, and a CA general contractor # B 696662. He’s a member of the CRMLS and The East Valley Association of Realtors located in the Inland Empire region of Southern California.