A California 30 Day Notice to Vacate is a letter that complies with state legal requirements to terminate any tenancy of less than one (1) year. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use a California 30 Day Notice To Vacate
A California 30 Day Notice To Vacate terminates the following types of tenancy:
- A tenancy with a term of less than one (1) year
- An expired lease
- A rental with no written lease
- A tenancy where the tenant wishes to give notice of non-renewal, regardless of length or payment frequency
- A tenancy on a property that’s under a sales contract and qualifies under the state’s statutory requirements for early termination
Some types of California lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a California 30 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a California 30 Day Notice To Vacate
California landlords and tenants may deliver a Notice To Vacate using any of these methods:
- Hand delivery to the other party at their residence or usual place of business
- Only if direct hand delivery fails: Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party, PLUS delivery by regular mail
- Only if both direct AND indirect hand delivery fail: Posting at a conspicuous place on the premises, such as the entry door, PLUS delivery by regular mail, PLUS (if possible) handing a copy of the notice to a person who resides at the property
To account for variable delivery times, mailed notice extends the notice period by five (5) calendar days.