California 60 Day Notice To Vacate

Last Updated: January 16, 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 landlords and tenants may deliver a Notice To Vacate using any of these methods:

  1. Hand delivery to the other party at their residence or usual place of business
  2. 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
  3. 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.

note
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.

Sources