30/60 day notice

A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written 30-day notice on the tenant if the tenant has resided in the dwelling for less than one year or a 60-day notice if the for tenancies of a year or more. Generally, a 30-day or 60-day notice doesn't have to state the landlord's reason for ending the tenancy.

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Special Rules

In some localities or circumstances, special rules may apply to 30-day notices:

  • Some rent control cities require "just cause" for eviction, and the landlord's notice must state the reason for termination.
  • Subsidized housing programs require the landlord is to give the tenant 90 days' written notice of termination and is to explain the reason for ending the arrangement.
  • Some reasons for eviction are unlawful. For example, an eviction cannot be retaliatory or discriminatory.

Civil Code section 1946.1 requires the 60-day notice for tenancies of a year or more unless ALL of the following are true

  • The dwelling or unit is alienable separate from the title to any other dwelling unit.
  • The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent.
  • The purchaser is a natural person or persons.
  • The notice is given no more than 120 days after the escrow has been established.
  • Notice was not previously given to the tenant pursuant to CC 1946.1
  • The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.

If the tenants haven't moved at the end of the 30/60 days, they will be unlawfully occupying the rental unit, and the landlord can file an unlawful detainer (eviction) lawsuit to evict them.

 


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