Terminating a tenancy based on a 30 day notice to vacate or quit is governed by California Civil Code 1946. A landlord who wants to terminate or (end) a month-to-month tenancy can do so by properly serving a written California 30-day Eviction Notice to quit vacate 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 more than one year. Generally, the landlord does not have to state a reason on the notice or tell the tenant why they are terminating the tenancy. Also, see more reasons that the landlord may want to break the lease.
The critical point to remember is that the Landlord must not accept any rent payments to cover any period of time after the expiration of the notice. If the tenant tenders a rent payment to cover a period of time after the expiration of the notice, the landlord must promptly return the rent to the tenant to avoid a waiver of the 30-day notice.
When a 30 Day Notice to Vacate or Quit Can Be Used
A 30 day Eviction Notice may be used to terminate a month to month tenancy. It cannot be used to terminate a fixed term lease agreement or a lease for a term such as a one or two year lease during the term of the lease.
A 30 Day Notice may also be served in situations where the owner of a property is selling a single family home or condominium that is in an open escrow but there are very narrow restrictions that must be complied with by the owner
All of the following must be true
- The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
- The landlord must have given you the 30 day eviction notice within 120 days after opening the escrow, and
- The landlord must not previously have given you a 30-day or 60-day notice, and
- The rental unit must be one that can be sold separately from any other dwelling unit
Special Rules Regarding 30 Day Notice to Vacate in California
In some localities or circumstances, special rules may apply to a 30 day Notice to Vacate:
- 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.
Calculating the 30 Day Notice Period
In calculating the 30 day notice period, do not count the day you serve the notice. For example, if you serve the notice on a Monday, then Tuesday is the first day. You need to count all days including weekends. If the last day falls on a Saturday, Sunday, or court holiday, the tenant has until the next business day to move out or quit the property.
For professional assistance serving a 30 Day Notice, contact us today.