When it comes to terminating a month-to-month rental agreement in California, providing proper notice is an important part of the process. California law sets out specific notice requirements that tenants and landlords must follow when ending a monthly lease. So is 30 days’ notice required in California? Let’s take a closer look.
What type of notice is required in California?
California requires 30 days’ written notice to terminate a month-to-month rental agreement. This applies both for tenants giving notice to vacate the unit and for landlords giving notice to have the tenant move out. The notice must be provided at least 30 calendar days prior to the next rental due date in order for it to be valid.
For example, if rent is due on the 1st of each month, notice would need to be given on or before the 1st of the month before the final month of tenancy. So if a tenant wanted to move out on October 1st, they would need to provide notice no later than September 1st. The full 30 days’ notice period would then run from September 1st through September 30th.
Notice to Terminate Tenancy
The written notice provided by tenants or landlords is referred to as a Notice to Terminate Tenancy. Under California Civil Code Section 1946, proper notice must:
- Be in writing
- Specify the date on which tenancy will end
- Provide at least 30 calendar days advance notice
- Be delivered to the other party in person or by mail
Verbal notice or notice provided shorter than the required 30 day timeframe does not constitute proper notice under California law.
30 Days vs. 60 Days Notice
In some cases, 60 days’ notice may be required instead of 30 days:
- Tenants in residence for over 1 year – If a tenant has resided in the unit for over 1 year, then 60 days’ written notice is required to terminate the tenancy, instead of just 30 days.
- Condominium conversions – For month-to-month tenants residing in a unit that is being converted to a condominium, 60 days’ notice is required to terminate tenancy.
- Subsidized housing – Tenants residing in government subsidized housing, such as Section 8, may be entitled to 90 days’ notice under program rules or landlord policies.
- Longer notice periods – The lease agreement itself may stipulate a longer notice period, such as 60 or 90 days. This longer notice period would supersede the state’s 30 day requirement.
Are there any exceptions to the 30 day notice rule?
There are a few scenarios in which the standard 30 day notice requirement does not apply in California:
- Nonpayment of rent – If a tenant fails to pay rent, the landlord can give a shorter 3-day notice to pay rent or quit instead of a full 30 day notice.
- Lease violations – For other lease violations, landlords can give a 3-day notice to cure the violation or quit.
- Nuisance behavior – Disruptive tenants that cause a nuisance can be given a 3-day notice to quit immediately.
- Illegal activity – Tenants using the unit for illegal purposes can be given a 3-day notice to quit without an opportunity to cure.
In these scenarios involving a material breach of the lease, California law allows landlords to provide shorter notice periods of 3 days or less. But for standard month-to-month terminations when no lease violation has occurred, 30 days remains the minimum notice required.
What happens if proper notice is not given?
If the full 30 day notice period is not provided, the notice to terminate tenancy is deemed invalid. This means the rental agreement continues under the same terms until proper notice is given. Some potential consequences include:
- The tenant may continue living in the unit if the landlord did not give full notice
- The tenant may be liable for an additional month’s rent if they vacate without providing full notice
- The invalid notice does not impact the tenant’s right to proper 30 day notice before an eviction lawsuit can proceed
However, once proper notice is eventually given by either party, the notice period runs its full course and the tenancy terminates on the departure date specified in the notice. Providing inadequate notice essentially just delays the termination process until proper notice is given.
How should the 30 day notice be delivered?
To be considered valid notice under California law, the Notice to Terminate Tenancy must be delivered properly. Notice can be delivered:
- In person – The notice is physically handed to the landlord or tenant directly. Personal delivery ensures the notice is received.
- By mail – The notice is sent through the postal service to the recipient’s address. It must be properly addressed and stamped.
Electronic delivery, such as email or text message, is not considered adequate notice under California law. The delivery method must be through direct personal delivery or mail. Additionally, the notice must be addressed to the landlord or tenant specifically. Addressing it to “occupant” or “current resident” does not constitute proper notice.
Proof of Service
When delivering notice by mail, it is advisable for the sender to utilize proof of service. This involves sending the notice via certified mail with return receipt requested. The signed return receipt proves that notice was received by the recipient. This provides the sender with documentation in case the recipient ever claims they did not receive the notice.
What information should be included in the notice?
For the Notice to Terminate Tenancy to be valid, it must include certain key details:
- Names of the landlord and tenant
- Address of the rental unit
- Date the tenancy will terminate
- Statement that tenancy is being terminated
- Signed and dated by the sender
California does not require a specific notice form. However, including the necessary information listed above will help ensure the notice fulfills legal requirements.
The notice should specifically state that either the landlord or tenant is terminating the monthly rental agreement. Identifying this as the purpose clearly conveys the intent to end tenancy. The termination date must clearly specify the date the tenancy will end, which must be at least 30 days after delivery of the notice.
Can the landlord or tenant waive the notice period?
The 30 day notice requirement cannot be waived or shortened unilaterally by either the landlord or tenant. Even if one party communicates willingness to vacate earlier or waive notice, state law mandates proper 30 day written notice. The only exceptions are the special shorter notice periods allowed for nonpayment of rent or lease violations.
However, landlords and tenants may mutually agree to end a tenancy early through a negotiated termination agreement. This written agreement sets an earlier move out date and must be signed by both parties. Since it is mutually agreed upon, a negotiated termination agreement can waive the standard 30 day notice required by law.
What happens at the end of the notice period?
Once proper notice has been delivered and the full notice period runs its course, the tenancy legally terminates on the departure date. Several things happen at this point:
- The tenant must vacate the rental unit by the move out date
- Possession transfers back to the landlord on the termination date
- The landlord can file an unlawful detainer lawsuit if the tenant remains after the notice period ends
- The tenant is typically responsible for rent through the conclusion of the notice period
- Any security deposit refund or accounting must be delivered to the tenant
Therefore, the 30 day notice sets the countdown to the end of the rental agreement. The tenant is still responsible for paying rent and following all lease terms during the notice period. But once the notice expires, the tenant must leave or face eviction. Proper notice provides time for both parties to prepare for the tenancy to end.
Conclusion
California law requires at least 30 days’ written notice before a month-to-month tenancy can be terminated. Landlords and tenants must both adhere to 30 day notice rules when ending any monthly rental agreement. There are limited exceptions involving nonpayment of rent or other lease violations. But in standard terminations, 30 full days notice is mandatory in California, otherwise the notice is invalid. Proper notice avoids confusion by clearly documenting the termination date agreed upon by both parties.