California 60 Day Notice To Vacate

Last Updated: April 4, 2024 by Roberto Valenzuela

California 60 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a tenancy of one (1) year or more. A tenant can use this form of notice at will, but landlords can only use it with a valid AB1482 exemption. The non-terminating party must receive notice at least sixty (60) days before the date of termination.

When To Use a California 60 Day Notice To Vacate

A California 60 Day Notice To Vacate is most often used by the tenant. A landlord cannot use this form of notice unless the rental premises meet a legal exemption under the Tenant Protection Act of 2019 (also known as AB1482). This notice terminates the following types of tenancy:

  • A qualifying tenancy of one (1) year or more, regardless of the rent payment frequency
  • An expired lease

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 60 Day Notice To Vacate

To help ensure the legal compliance of a Notice To Vacate:

  1. Use the full name of the receiving parties, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Fill in the full address of the rental premises
  4. Provide updated/current address and phone number information
  5. Print name and sign the notice
  6. 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 60 Day Notice To Vacate

California law is not specific on how a tenant must serve a Notice To Vacate, so tenants may use any method which effectively delivers the notice to the landlord’s attention.

In most cases, a California landlord must use one of the following methods (which also provide a legal gold standard for a tenant’s delivery of notice to a landlord):

  1. Hand delivery to the tenant
  2. If the tenant is absent from the residence and the tenant’s usual place of business: Hand delivery to a person of suitable age at either the residence or usual place of business, PLUS delivery by mail to the tenant’s residence
  3. If all forms of hand delivery fail: Posting the notice to a conspicuous place on the property, PLUS delivery by mail to the property, addressed to the tenant, PLUS (if possible) handing the notice to a person residing on the property

California considers service by mail to take place five (5) calendar days after mailing.

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.