A California 30 Day Notice to Vacate is an official lease termination letter written by the landlord or the tenant to end any tenancy of less than one (1) year. This notice is provided to either party at least thirty (30) calendar days before the termination date.
When to Use a California 30 Day Notice to Vacate
If the landlord has at fault just cause (i.e. unpaid rent or lease violations) to terminate the tenancy, then the landlord shall provide the tenant with an eviction notice rather than a lease termination notice.
If the landlord has no fault just cause (i.e. substantial remodel or demolition work) in a tenancy of one (1) year or more, then the landlord should only use the California Lease Termination Notice for No Fault Just Cause form.
The landlord or the tenant may use the thirty (30) Day Notice to Vacate to terminate a tenancy of less than one (1) year, regardless of rent payment frequency. The tenant may also use this lease termination letter to notify the landlord of a non-renewal of the lease, regardless of tenancy length or rent payment frequency. This lease termination letter may also be used for tenants with an expired lease. Either party must deliver the termination letter at least thirty (30) calendar days before the end date specified in the notice or prior to the expiration of the lease.
Landlords may also use the 30 Day Notice to Vacate if the rental premises is under a sales contract and meets certain provisions specified in the state statute.
How to Write a California 30 Day Notice to Vacate
For a lease termination notice to be legally compliant:
- State who the legal letter is addressed to (use full name of the receiving party).
- Include the termination date of the lease or tenancy.
- Fill in the full address of the rental premises.
- For tenants, provide your new address and an updated phone number.
- Sign the notice and print your name.
- For landlords, include contact information, such as address and phone number.
- Complete the certificate of service by indicating the date and method of notice delivery along with printed name and signature.
Without this information on the notice, a judge may not be able to proceed with legal action.
How to Serve a California 30 Day Notice to Vacate
A landlord or a tenant may deliver lease termination notices in California using any of the below acceptable methods:
- Handing the notice to the other party in person;
- Handing the notice to a person who can accept the legal letter on behalf of the other party;
- Mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add five (5) additional calendar days to the notice period to account for variability in post office delivery times.
- 1 CA Civ Code § 1946
Tenancies from month to month, either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. The owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.
An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:
(1) The dwelling or unit is alienable separate from the title to any other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow has been established.
(5) Notice was not previously given to the tenant pursuant to this section.
(6) The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
(e) After an owner has given notice of his or her intention to terminate the tenancy pursuant to this section, a tenant may also give notice of his or her intention to terminate the tenancy pursuant to this section, provided that the tenant’s notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the owner’s proposed date of termination.
(f) The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail.
(g) This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.
(h) Any notice given by an owner pursuant to this section shall contain, in substantially the same form, the following:
“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”Source Link
- 2 CA Civ Pro Code § 1162
The notices required by Sections 1161 and 1161a may be served by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there can not be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner.Source Link
- 3 California - Notice Delivery by Mail
Service by Mail –
- Service by mail is complete 5 days after the papers are mailed