On an eviction for the failure to pay rent, the lease terminates at the point when the unlawful detainer complaint has been filed. Thus, upon a notice to pay rent or quit which expires and at the point an eviction action is filed, the lease, as a matter of law terminates. See In re Windmill Farms, 841 F.2d 1467, 1471 (9th Cir. 1988).