Termination of Estates

Civil Code Division 2, Part 2, Title 2, Chapter 2 deals with the termination of estates in California.

Section 789 provides that a tenancy or other estate at will, however created, may be terminated by the landlord’s giving notice in writing to the tenant to remove from the premises within a period of not less than 30 days, to be specified in the notice.

Section 789.3 prohibits a landlord with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.

In addition, a landlord must not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully engage in three specified activities. Any landlord who violates this section is liable to the tenant in a civil action for specified amounts of damages. Other remedies may also be sought and attorneys’ fees can be awarded.

Section 790 provides that, after the notice has been served, and the period specified by the notice has expired, but not before, the landlord may reënter, or proceed according to law to recover possession.

Section 791 provides that, whenever the right of reentry is given to a grantor or a lessor in any grant or lease or otherwise, the reentry may be made at any time after the right has accrued, upon three days’ notice.

Section 792 states that summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in the Code of Civil Procedure.

Section 793 explains that an action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right to re-enter has accrued, without the notice prescribed in section seven hundred and ninety-one.