A landlord who wants to terminate (end) a month-to-month tenancy can do so by properly serving a written California 30 Day Notice to 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 a year or more. Generally, a 30 day Notice to Vacate or 60-day notice doesn’t have to state the landlord’s reason for terminating 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 date. If the tenant tenders a rent payment to cover a period of time after the expiration of the 30 days, it must be returned immediately to the tenant to avoid a waiver of the 30 day notice.
When a 30 Day Notice to Vacate in California 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 during the term of the lease.
A 30 Day Notice to Terminate Tenancy 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 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.
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Special Rules Regarding 30 Day Notice to Vacate in California
In some localities or circumstances, special rules may apply to 30-day Notices 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.
Special Rules Regarding 60 Day Notice to Vacate in California
On January 1, 2007, for tenants who have resided in the premises for one year or more, landlords who wish to terminate that tenancy are required to give 60-day California Eviction Notice.
Civil Code section 1946.1 requires the 60-day California Eviction 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.
Calculating Notice Period
In calculating a 3, 30, 60 or 90-day notice period, do not count the day you receive the notice. For example, if you receive the notice on a Monday, day one is on Tuesday. Also, if the last day falls on a Saturday, Sunday, or holiday, you have until the next business day to take care of the problem or move out.