Answer FileLandlord–Tenant

How much notice ends a monthly rental tenancy in California?

The answer, cited

A landlord must give 60 days' written notice if the tenant has lived in the unit at least a year, and 30 days if less (Civil Code section 1946.1); a tenant gives 30 days regardless. For tenancies covered by the Tenant Protection Act, the landlord's notice must also state a just cause under Civil Code section 1946.2.

The baseline is set by Civil Code section 1946.1: a California landlord ending a residential month-to-month tenancy must give written notice of at least 60 days if the tenant has occupied the unit for a year or more, and at least 30 days if less; a tenant may end the tenancy on 30 days' notice either way. Notice length is only half the analysis. For most tenancies of 12 months or longer in covered buildings, the Tenant Protection Act (Civil Code section 1946.2) prohibits termination without a stated just cause, at-fault grounds like nonpayment or nuisance, or no-fault grounds like owner move-in or withdrawal from the rental market, the latter obligating the landlord to provide relocation assistance. Rent-controlled cities can impose stricter requirements. A notice that omits a required just cause, understates the time, or is served improperly does not end the tenancy, defects like these defeat many unlawful detainer cases. Rent increase notices follow a separate statute, Civil Code section 827.

Authority: Cal. Civ. Code § 1946.1

Source: Cal. Civ. Code § 1946.1 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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