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:
- Personal Service – hand the notice to the recipient.
- Substitute Service + Mail – leave with an adult at the dwelling and mail a copy.
- 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
- Verify tenancy length & date.
- Arrange movers & cleaning.
- Schedule pre-move inspection.
- Provide forwarding address.
- Use deposit calculator.
Landlord Best Practices
- Keep a copy of served notice.
- Document unit condition before move-out.
- Offer inspection window in writing.
- Return deposit within 21 days.
- File unlawful detainer only if necessary.
Frequently Asked Questions
Related Tenant Resources
Legal References
Statute | Key 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.
Get HelpCommunity 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.
Learn MoreSmall-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.
View Checklist