A California landlord can use a 30-day notice to end a month-to-month tenancy if the California tenant has been renting for less than a year. A California landlord should use a 60-day notice if the tenant has been renting for a year or more and the landlord wants the tenant to move out.
The notice must:
- Be in writing;
- Say the full name of the tenant or tenants;
- Have the address of the rental property;
- Say that the month-to-month tenancy will end in 30 days if the landlord is giving a 30-day notice or in 60 days if he or she is giving a 60-day notice, and
- Be signed by the landlord or his or her agent and state the date of the notice.
Caution: In rent-controlled cities, a landlord cannot cancel a month-to-month tenancy for just any reason. The landlord must find out if the unit is in a rent-controlled city, and if so,whether he or she has the right to evict the tenant.
Update 06/29/12: Purchase and download a 30/60 Day Notice to Terminate Tenancy.
If the tenant is violating the lease, then the California landlord should not use a 30 or 60 day notice. Rather, a California landlord should prepare and serve a 3 Day Notice:
- 3 Day Notice to Quit
- 3 Day Notice to Perform Covenant or Quit
- 3 Day Notice to Pay Rent or Quit
- Purchase and download a 3 Day Notice to Pay Rent or Quit template
For additional information, visit the Law Office of David Piotrowski.