Notice to end a California month-to-month tenancy
For residential property, the landlord must give 60 days' written notice if every tenant has lived there at least a year, and 30 days' if any tenant or resident has lived there less than a year. The owner "shall give notice at least 60 days prior to the proposed date of termination." Cal. Civ. Code § 1946.1(b)1 After 12 months of occupancy, the Tenant Protection Act also requires just cause, stated in the notice. Cal. Civ. Code § 1946.2(a)1
- 30-day notice for tenancies under a year. The 30-day notice applies "if a tenant or resident has resided in the dwelling … for less than one year." Cal. Civ. Code § 1946.1(c)1
- 30-day notice on a sale. This applies to a separately alienable unit in escrow to a natural-person buyer who intends to live there a year. Notice must come within 120 days of opening escrow. Cal. Civ. Code § 1946.1(d)1
- Just cause after 12 months. Once a tenant has "continuously and lawfully occupied" the unit for 12 months, the owner "shall not terminate a tenancy without just cause." If adult tenants were added, the test is 12 months for all tenants or 24 months for at least one. Subdivision (b) lists the at-fault and no-fault causes. Cal. Civ. Code § 1946.2(a)–(b)1
- No-fault terminations cost one month's rent. At the owner's option, the owner either pays relocation assistance equal to one month's rent within 15 calendar days of service, or waives the final month's rent in writing. "An owner’s failure to strictly comply with this subdivision shall render the notice of termination void." Cal. Civ. Code § 1946.2(d)1
- Exemptions and local law. Exemptions include housing with a certificate of occupancy issued within the last 15 years, and noticed single-family homes not owned by a REIT, a corporation, or an LLC with a corporate member. Where a qualifying local just-cause ordinance applies, the ordinance governs instead. Cal. Civ. Code § 1946.2(e), (i)1
- Form and service. Serve the notice under Code Civ. Proc. § 1162 or by certified or registered mail. It must include the statutory statement on reclaiming abandoned property. The landlord may not charge a fee for serving it. Cal. Civ. Code § 1946.1(f), (h)–(i)1
Practice notes
- Tenant's notice. A tenant needs to give only "a period at least as long as the term of the periodic tenancy," which is 30 days for a month-to-month tenancy. Cal. Civ. Code § 1946.1(b)1
- Sunset. Section 1946.2 as amended by AB 1529 (effective January 1, 2026) "shall remain in effect only until January 1, 2030." Any failure to comply with § 1946.2 "shall render the written termination notice void." Cal. Civ. Code § 1946.2(g), (n)1