California 30-/60-Day Notice to Vacate Template

California Civil Code § 1946 and § 1946.1 require a written 30- or 60-day notice to vacate before most month-to-month tenancies can end. This page supplies a fill-ready California Notice to Vacate template, walks you through drafting, delivery, and proof, and answers the top questions tenants and landlords ask. It is educational material, not legal advice.

  • 30-day notice for tenancies < 1 year
  • 60-day notice for tenancies ≥ 1 year
  • Must be in writing & signed
  • Weekends & holidays count
  • Use CCP § 1162 service hierarchy
Draft
Serve
Tenant handing written 30-day notice to landlord at California apartment

When to Use a 30- vs 60-Day Notice

California’s month-to-month tenancy termination rules pivot on how long you have occupied the unit. If every named tenant and sub-tenant has lived in the dwelling for less than one year, a 30-day notice to vacate California satisfies Civil Code § 1946. Once the anniversary passes, the law upgrades the requirement to a 60-day notice to vacate California under § 1946.1—no exceptions for “good tenants” or partial years.

Fixed-term leases ending on a specific date do not need a separate notice unless the lease converts to month-to-month. Rent-controlled cities sometimes overlay additional timing: West Hollywood mandates 90 days for rent increases over 10 %, while San Francisco requires special forms for owner move-in. Always cross-check the rent-control rules in your city.

  • Scenario 1: Tenant moved in eight months ago — landlord may serve a 30-day notice.
  • Scenario 2: Tenant of two years — landlord must serve a 60-day notice unless an at-fault eviction reason applies (see eviction guide).
  • Scenario 3: Fixed-term lease ending June 30 — parties can simply vacate or renew unless the lease auto-renews.

Unsure which length applies? Use our notice period calculator to confirm.

Drafting the Notice

A valid California notice to vacate template is simple: accurate facts, polite tone, and required elements. Courts want clarity, not legalese.

Include these items:

  • Date: Today’s full date at top-right.
  • Landlord & Tenant Names: Exactly as they appear on the lease. List every cotenant.
  • Property Address: Unit number, city, ZIP.
  • Termination Date: The last day you will possess the unit—<NoticeEndDate>.
  • Civil Code Citation: “Pursuant to California Civil Code § 1946/1946.1.”
  • Forwarding Address Request: To trigger timely security-deposit return.
  • Signature: Original or digital if lease allows.

You may add a goodwill paragraph offering access for showings or stating willingness to cooperate on move-out inspection. Keep the letter to one page. For sample phrasing, review our sample letters library.

Legally Acceptable Delivery & Proof

California Code of Civil Procedure § 1162 establishes a hierarchy for serving legal notices:

  1. Personal Service – hand the notice to the recipient.
  2. Substitute Service + Mail – leave with an adult at the dwelling and mail a copy.
  3. Posting + Mail – affix to door if no adult available, then mail.

Certified mail with return-receipt adds evidence, but personal service remains the gold standard. Always keep:

  • Signed proof-of-service form (see template)
  • Photos of the posted notice, if applicable
  • USPS tracking printout

After service, mark the final vacate date in a calendar and schedule pre-move inspection (48-hour written notice). Count weekends and holidays as normal days—California does not extend the deadline if it falls on a holiday.

Common Pitfalls & How to Avoid Them

  • Miscounting Days: Use calendar days; confirm with the calculator.
  • Wrong Tenant Names: Serve every adult occupant to avoid dismissal.
  • Omitting Signature: Unsigned notices are void.
  • Overlooking Rent-Control Rules: Some cities bar no-fault terminations; consult the rent-control guide.
  • Retaliation Timing: Serving a notice within 180 days after a tenant files a repair complaint may violate Civil Code § 1942.5.

If you stumble, withdraw the defective notice and re-serve correctly— better a short delay than an eviction case dismissal.

Tenant’s Next Steps

  1. Verify tenancy length & date.
  2. Arrange movers & cleaning.
  3. Schedule pre-move inspection.
  4. Provide forwarding address.
  5. Use deposit calculator.

Landlord Best Practices

  1. Keep a copy of served notice.
  2. Document unit condition before move-out.
  3. Offer inspection window in writing.
  4. Return deposit within 21 days.
  5. File unlawful detainer only if necessary.

Frequently Asked Questions

No reason is required for ending a month-to-month tenancy under Civil Code § 1946/1946.1, provided the notice meets the timing and delivery rules. However, if the property is in a rent-controlled jurisdiction that imposes just-cause eviction protections, a landlord must state a permissible reason even for a 30-/60-day notice. Conversely, tenants may terminate without cause if they give proper notice. Adding a courteous sentence—“I will vacate for personal relocation”—can foster goodwill but is not mandatory.

Yes. California counts calendar—not rental—months. A 30-day notice served on April 15 expires May 15. Rent can be prorated through the final day. Some leases require that rent be paid in full and the unused portion refunded; others allow per-diem payment in the last month. Clarify in your letter how you intend to handle the final rent and keep proof of payment to avoid disputes.

They do not. Civil Code deadlines use straight calendar days, so day-1 is tomorrow, not the next business day. If the last day falls on a holiday, the notice is still valid; you simply vacate on that date or earlier. Our on-page calculator adds the correct number of days and flags the resulting date so you can plan ahead and avoid last-minute moving or cleaning fees.

Move to the next tier in CCP § 1162. Leave the notice with a competent adult at the residence and mail a copy by regular mail the same day. If nobody is home, post the notice on the front door (tape—not tack) and mail a copy. Document with photos and keep your mailing receipt. Courts regularly uphold this method as valid service when personal delivery fails after reasonable attempts.

Not unless it is a fixed-term lease with a specified end date. Most written leases automatically convert to month-to-month if no renewal occurs, reviving the statutory notice obligations. Clauses that attempt to shorten the 30- or 60-day timeline are unenforceable. If you are unsure, compare your lease language to Civil Code § 1946 and use the longer period to stay safe.

Related Tenant Resources

Legal References

StatuteKey Point
Civil Code § 1946 30-day termination rule for <1 year tenancies.
Civil Code § 1946.1 60-day termination for ≥1 year tenancies.
CCP § 1162 Hierarchy of acceptable service methods.

Tenant Support Organizations

Legal Aid Locator

Find free or low-cost attorneys in every California county. The locator filters by zip code and case type—eviction defense, security deposits, or notice disputes—so you reach the right office fast.

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Community Mediation

Non-profit mediation centers resolve move-out date conflicts in under two hours, often free. Mediators draft written agreements that become enforceable stipulations if either party defaults.

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Small-Claims Checklist

Step-by-step instructions and form links for recovering illegal fees or deposits after move-out. Designed for self-represented litigants, covering filing, service, and judgment collection.

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