60 Day Notice to Vacate or Quit

Special Rules Regarding 60 Day Notice to Vacate or Quit 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 a California 60 Day Notice to Vacate or Quit.

60 Day Notice to Vacate or Quit

Civil Code 1946.1 governs terminating tenancies of one year or longer and the exceptions that can shorten the notice period by 30 days. You can terminate a tenancy of longer than a year if 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 the 60 Day Notice Period

In calculating the 60 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 60 Day Notice, contact us today.

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