Notice of Termination of Tenancy
A written notice from landlord to tenant (or tenant to landlord) ending a month-to-month or periodic tenancy. California requires 30 days' notice from landlord (60 days if tenant has lived there ≥1 year); 30 days from tenant. See Cal. Civ. Code § 1946.
Also known as: 30-day notice, 60-day notice, notice to vacate, notice to quit
Definition
A notice of termination of tenancy is the formal written notice required to end a month-to-month or other periodic tenancy in California, governed primarily by Cal. Civ. Code § 1946.
Statutory Notice Periods
Cal. Civ. Code § 1946 requires:
- Landlord to tenant: At least 30 days' written notice if the tenant has resided in the unit for less than one year; at least 60 days' written notice if the tenant has resided for one year or more
- Tenant to landlord: At least 30 days' written notice, regardless of length of occupancy
Interaction with Just Cause Protections
Where just cause eviction ordinances apply (e.g., Cal. Civ. Code § 1946.2 statewide just cause), the notice must also state the specific just cause ground. A 30- or 60-day no-fault termination notice without a valid just cause ground is invalid in covered jurisdictions.
For no-fault just cause terminations (owner move-in, substantial rehabilitation), relocation assistance equal to one month's rent is required under § 1946.2(d).
Service Requirements
A notice of termination is properly served by:
- Personal delivery to the tenant
- Substituted service (delivery to a person of suitable age + mailing)
- Posting and mailing if neither of the above is feasible
Improper service is a defense to an unlawful detainer action based on the notice.
Distinction from Eviction
A notice of termination is a prerequisite to filing for unlawful detainer — it is not itself an eviction. A tenant who does not vacate after the notice period expires may be removed only through a court judgment and writ of possession.
Sources
- Cal. Civ. Code § 1946, California Leginfo —
ca-leginfo - Cal. Civ. Code § 1946.2, California Leginfo —
ca-leginfo
Frequently asked questions
Statutory Notice Periods
Cal. Civ. Code § 1946 requires: Landlord to tenant: At least 30 days' written notice if the tenant has resided in the unit for less than one year; at least 60 days' written notice if the tenant has resided for one year or more Tenant to landlord: At least 30 days' written notice, regardless of length of occupancy
Interaction with Just Cause Protections
Where just cause eviction ordinances apply (e.g., Cal. Civ. Code § 1946.2 statewide just cause), the notice must also state the specific just cause ground. A 30- or 60-day no-fault termination notice without a valid just cause ground is invalid in covered jurisdictions. For no-fault just cause terminations (owner move-in, substantial rehabilitation), relocation assistance equal to one month's rent is required under § 1946.2(d).
Service Requirements
A notice of termination is properly served by: Personal delivery to the tenant Substituted service (delivery to a person of suitable age + mailing) Posting and mailing if neither of the above is feasible Improper service is a defense to an unlawful detainer action based on the notice.
Distinction from Eviction
A notice of termination is a prerequisite to filing for unlawful detainer — it is not itself an eviction. A tenant who does not vacate after the notice period expires may be removed only through a court judgment and writ of possession.
Sources
Cal. Civ. Code § 1946, California Leginfo — ca-leginfo Cal. Civ. Code § 1946.2, California Leginfo — ca-leginfo