California’s rules, with sources
- State form
- California Civil Code Section 1946.1 requires an owner’s termination notice to carry, in substantially the same words, a statement that former tenants may reclaim personal property left behind.2
- Under California’s Tenant Protection Act, once a tenant has occupied the unit continuously and lawfully for 12 months, the owner needs a just cause and must state it in the written notice.1
- A California notice ending a tenancy for a no-fault just cause, such as an owner move-in, must tell the tenant about the right to relocation help or a rent waiver.1
- Deadlines
- Once a tenant has lived in a California rental for a year or more, Civil Code Section 1946.1 requires the owner’s termination notice at least 60 days before the end date.2
- For a California tenant who has been in the home under one year, Section 1946.1 lets the owner end a periodic tenancy with 30 days’ notice.2
- California Section 1946.1 also allows 30 days’ notice when a separately sellable home is in escrow with a buyer who is a natural person and plans to live there for a year, if the notice goes out within 120 days of opening escrow.2
- The California courts’ self-help guide lists the notice that ends a month-to-month tenancy as 30 days under one year or 60 days at one year or more, naming the tenants, the address, the end date and how to pick up belongings.3
- Delivering the notice
- California Section 1946.1 has the notice delivered by one of the methods in Code of Civil Procedure Section 1162 or sent by certified or registered mail.2
- Taxes and fees
- A California landlord or agent may not bill the tenant for serving, posting or delivering a notice to end a periodic tenancy.2
- Law
- For a no-fault termination under the California Tenant Protection Act, the owner pays one month’s rent as relocation help within 15 calendar days of serving the notice, or waives the final month’s rent instead.1
- California Civil Code Section 1946.2 makes a termination notice void when the owner fails to follow any part of that section.1
- The California Tenant Protection Act does not cover housing that received its certificate of occupancy within the previous 15 years, unless it is a mobilehome.1
- A California single-family home or condo that is not owned by a REIT, a corporation or an LLC with a corporate member is exempt from the just cause rule only if the tenant received the exemption statement written into Section 1946.2.1
- Where a California city or county has its own just cause ordinance adopted on or before September 1, 2019, that local law applies instead of the statewide Tenant Protection Act.1
- The City of Los Angeles Just Cause Ordinance bars ending a covered tenancy without just cause once the tenant has lived in the unit six months or the original lease has expired, whichever comes first.4
- In San Francisco, most residential tenants are protected by the city’s just cause rules, and the notice must name the just cause reason.5
Questions about a California termination notice
How much notice does a California landlord give to end a month-to-month rental?
It depends on how long the tenant has been there. Under one year, the end date must be at least 30 days after the notice; at one year or more, at least 60 days.
A shorter 30-day notice is also allowed for a home in escrow with an individual buyer who will move in for at least a year, when the notice goes out within 120 days of escrow opening and no earlier notice was given.2,3
Can a California landlord end a month-to-month tenancy without giving a reason?
Only in limited cases. After 12 months of lawful occupancy the Tenant Protection Act requires a just cause written into the notice, such as unpaid rent, an owner move-in or taking the unit off the market. A notice that misses any requirement of the section is void.
No-fault reasons come with one month’s rent, paid within 15 days or waived as the last month. Housing built in the last 15 years, and single-family homes whose lease carries the exemption statement and whose owner is not a corporation or REIT, fall outside the rule.1
Do Los Angeles and San Francisco require a reason to end a month-to-month tenancy?
Yes. The Los Angeles Just Cause Ordinance applies once a tenant has lived in the unit six months or the first lease has run out, and it can cover a single-family house. No-fault reasons there also carry relocation payments.
San Francisco protects most residential tenants and expects every eviction notice to name the just cause. Where a local ordinance like these applies, it governs instead of the state act.1,4,5
How is a California 30-day or 60-day notice delivered?
In person, by leaving it with a responsible adult and mailing a copy, by posting and mailing under Code of Civil Procedure Section 1162, or simply by certified or registered mail. The landlord cannot charge the tenant for the delivery.2
What to have at hand
- Property address, unit and county
- The date the tenancy began
- The last day of the tenancy, counted from your state’s notice period
- A mailing address where the tenant returns keys and sends a forwarding address
It is not for late rent or a lease violation, which take a different notice, and it does not end a fixed-term lease before its end date.
Frequently asked questions
What must a California notice ending a month-to-month tenancy say about belongings?
Section 1946.1 requires a paragraph, in substantially the words of the statute, telling former tenants that they may reclaim property left behind and that storage costs usually grow the longer they wait to contact the landlord.2
Where this information comes from
California’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- California Civil Code Section 1946.2 (Tenant Protection Act) Open the official page (opens in a new tab) ↩
- California Civil Code Section 1946.1 Open the official page (opens in a new tab) ↩
- Choose the right type of eviction notice (California Courts Self-Help Guide) Open the official page (opens in a new tab) ↩
- Just Cause For Eviction Ordinance (Los Angeles Housing Department) Open the official page (opens in a new tab) ↩
- General Eviction Notice requirements (San Francisco Rent Board) Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.