California law generally allows the owner to terminate a month-to month tenancy on 30 or 60 days notice, depending on how long the residents have lived there. By contrast, a fixed-term lease can only be terminated by the owner on three days’ notice for cause. Depending on the reason, the notice may include an opportunity to cure – such as the three-day notice to pay rent or quit. Notices of termination frequenty generate questions for CAA’s Landlord Helpline. Some recent questions:
IS SERVICE OF A 30- OR 60-DAY NOTICE CONSIDERED “EVICTION?”
No. These notices terminated a tenancy as allowed by law. “Eviction” occurs when the tenant fails to move out in response to the notice and the owner must file an unlawful detainer action in court.
DOES TERMINATION OF THE TENANCY WITHOUT CAUSE – USING A 30- OR 60-DAY NOTICE ALLOW THE TENANT TO LEAVE AT ANY TIME PRIOR TO THE END OF THE NOTICE PERIOD AND EXCUSE THE TENANT FROM PAYING RENT FOR THOSE 30 OR 60 DAYS?
No. The tenant is responsible for the rent until the notice period. If a tenant who has received a 60-day notice wants to move out sooner, that tenant can serve their own 30-day notice on the owner.
AFTER SERVING A THREE-DAY NOTICE, IF THE TENANT DOESN’T PERFORM, IS A 30-DAY NOTICE REQUIRED TO TERMINATE THE TENANCY?
No. If a three-day notice has been served, for violation of a properties quiet hours, for example, and the tenant does not comply, the next step is to file an unlawful detainer action. If the tenant has not come into compliance, no additional notice is necessary. If the violation in the three-day notice would be difficult to prove and the tenancy is month-to-month, it ultimately be more efficient to use a 30- or 60-day notice (without cause) instead.
IS IT NECESSARY TO SERVE A 30- OR 60-DAY NOTICE TO GET A TENANT TO VACATE AT THE END OF CAA’S LEASE?
No. CAA’s lease ends at the end of the lease term, without additional notice from either the landlord or the tenant. However, CAA recommends that the owner provide at least 60 days’ notice of non-renewal as a courtesy. Sixty days is also a good time frame for providing an offer of a renewal lease. Once the CAA lease has ended, and the tenant has not moved out, the owner can file an unlawful detainer action. Owners who do not use CAA’s Lease should review the provisions of their contract, as many other do require notice of termination to be provided in order to avoid auto-renewal provisions.
WHO CAN SERVE A 30- OR 60-DAY NOTICE?
These notices can be served by any person 18 years of age or older. The owner or manager can serve them on the tenant; it is not necessary to use a third party.
CAN A 30- OR 60-DAY NOTICE BE SERVED BY EMAIL?
No. California law does not provide service of notices of termination by email. Unlike many other notices the 30/60-day notice of termination can be served by certified/registered mail, however, CAA does not recommend it as the tenant can easily refuse/avoid service by this method. The standard service method is to first attempt personal service at the tenant’s home/work, and if after reasonable attempts this is not successful, “substituted service” or “post at the unit and mail” may be used. For more detailed information about serving notices please see the instruction sheets provided for each notice form.
IF I SERVE A THREE-DAY NOTICE TO PAY RENT OR QUIT AND THE TENANT QUITS, CAN THEY GET OUT OF THEIR LEASE OR 30-DAY NOTICE OBLIGATION ON A MONTH-TO-MONTH TENANCY?
If the tenant “quits” in response to a three-day notice, the tenant is still responsible for the lease – as if it were premature lease termination. In other words, the tenant is still responsible for rent, subject to the owner’s duty to re-rent the premises. (See CAA’s Industry Insight on Premature Lease Termination for more information). If the quitting tenant is on a month-to-month rental agreement, the tenant is responsible for 30 days of rent (i.e., the equivalent of giving 30 days’ notice).
SHOULD A 30- OR 60-DAY NOTICE INCLUDE A REASON FOR TERMINATION?
No. California law allows an owner to terminate a month-to-month tenancy on 30 or 60 days’ notice WITHOUT providing a reason. If a reason is provided in the notice, for example “noise complaints from other tenants,” then the owner will have to prove the reason in court if the tenant does not move out in response to the notice. By contrast, if no reason is given, all the owner has to show in court is that the notice was properly serve and the tenant did not move.
IS IT POSSIBLE TO SERVE A 30-OR 60-DAY NOTICE ON ONLY ONE OF SEVERAL COTENANTS IN A UNIT?
No. The notices of termination allowed by California law are for recovery of possession of the unit. There is not provision for “partial-termination.” If an owner wants to enter into an agreement with some, but not all current residents of a unit, the tenancy can be terminated as to all of the residents and the owner can enter into a new agreement with some of them.
IF A PROPERTY IS BEING SOLD, IS 60 DAYS’ NOTICE STILL REQUIRED TO TERMINATE A MONTH-TO-MONTH TENANCY, IF THE TENANTS HAVE ALL BEEN THERE AT LEAST A YEAR?
If it is a single family home or condominium, and the buyer intends to live in the property for at least one year and certain other conditions are met, the tenancy can be terminated on 30 days’ notice.
ARE THERE SPECIAL TERMINATION REQUIREMENTS IF THE PROPERTY IS UNDERGOING FORECLOSURE?
Yes. Month-to-month tenants are entitled to a 90-day notice if the tenancy is terminated in the context of foreclosure. In limited circumstances, a new, post-foreclosure owner who intends to move into the home may terminate a preexisting lease on 90 days’ notice.
Note: Additional requirements apply to subsidized properties under federal law, and in many communities due to rent control or other local ordinances.