California Notice to Vacate (No-Cause Termination)

California Notice to Vacate Requirements

What is a Notice to Vacate?

A Notice to Vacate (also called Notice of Termination) is used to end a month-to-month tenancy WITHOUT CAUSE. This means the tenant hasn’t done anything wrong – you simply want to end the rental relationship. California law requires 30, 60, or 90 days notice depending on specific circumstances.

Which Notice Period Applies?

30-Day Notice (CCP § 1946)

Use when ALL of these apply:

• Month-to-month tenancy (no fixed-term lease)
• Tenant has lived there LESS than 1 year
• NOT subsidized housing
• NOT in rent control city with just cause requirements

60-Day Notice (CCP § 1946.1)

Use when ALL of these apply:

• Month-to-month tenancy
• Tenant has lived there 1 YEAR OR MORE
• NOT subsidized housing
• NOT in rent control city with just cause requirements

90-Day Notice (24 CFR § 982.310)

Use when:

• Tenant receives Section 8 or other government housing assistance
• Property is subsidized or receives government rental assistance
• Federal law requires 90 days minimum
• PLUS you may need “good cause” reason (check HUD rules)

How Tenancy Length is Calculated

• Count from the FIRST day tenant took possession
• Include ALL time at property (even if lease changed from fixed-term to month-to-month)
• Example: Tenant had 1-year lease starting Jan 1, 2023, then went month-to-month Jan 1, 2024. On June 1, 2024, they’ve lived there 1.5 years → need 60-day notice
• Count continuously even if tenant renewed lease or switched units in same building

When You CANNOT Use This Notice

• Rent Control City: Many California cities (LA, SF, Oakland, Berkeley, etc.) require “just cause” for ALL terminations – you cannot use no-cause notices
• Fixed-Term Lease: If tenant has active lease with end date, you must wait until lease expires (or use different process)
• Retaliation: Cannot terminate within 180 days of tenant complaint, repair request, or exercising legal rights
• Discrimination: Cannot terminate based on protected class (race, religion, family status, etc.)
• Rent Increase Avoidance: In some cities, cannot terminate to re-rent at higher price (check local laws)
• COVID Protections: Check if any emergency tenant protections still apply in your area

Rent Control Cities – Critical Information

The following California cities have “just cause” eviction ordinances that may PROHIBIT or RESTRICT no-cause terminations:

• Los Angeles: Just cause required; no-cause only allowed for owner/family move-in with relocation payments
• San Francisco: Just cause required; very limited no-cause reasons; high relocation payments
• Oakland: Just cause required; must have approved reason; relocation assistance required
• Berkeley: Just cause required; limited no-cause reasons
• Santa Monica: Just cause required; relocation payments often required
• West Hollywood: Just cause required
• East Palo Alto: Just cause required
• Richmond: Just cause required
• San Jose: Just cause required (for units in buildings 3+ units)
• Alameda: Just cause required
• Burbank: Just cause required
• Glendale: Just cause required

ALWAYS check your local city ordinances before serving a no-cause notice!

Statewide Tenant Protection Act (AB 1482)

California’s statewide rent control law (effective January 2020) requires “just cause” for termination in many cases:

• Applies to properties 15+ years old
• After tenant has lived there 12 months, landlord needs just cause to terminate
• “No-fault” just causes may require relocation assistance (1 month’s rent)
• Exemptions: Single-family homes (if owner tells tenant home is exempt), condos (same), new construction

Proper Service Methods (CCP § 1162)

Personal Service (Preferred):

• Hand notice directly to tenant
• Any adult can serve
• Notice period starts the day AFTER service

Substitute Service:

• Give to another adult at residence if tenant not available
• PLUS mail a copy
• Notice period starts day after service

Posting and Mailing:

• Post in conspicuous place AND mail copy
• Notice period starts day after posting/mailing

Certified Mail:

• Can send certified mail with return receipt
• Recommended but not required
• Provides proof of delivery

Notice Must End on Rental Period Date

The notice period must expire on or after the rental payment due date:

• Example 1: Rent due 1st of month. Serve 60-day notice on December 10th. Notice period is 60 days = February 8th. But must extend to end of rental period = February 28th (or March 1st for next rent due date)
• Example 2: Rent due 1st of month. Serve 60-day notice on November 25th. 60 days = January 24th. Extend to February 1st (next rent due date)
• Best Practice: Serve notice right after tenant pays rent, so notice period aligns with rent due dates

What to Include in the Notice

Required Information:

• Tenant name(s)
• Property address
• Termination date (when tenant must vacate)
• Statement that tenancy is terminated
• Landlord signature and date

NOT Required (but helpful):

• Reason for termination (unless required by local ordinance)
• Return address for keys/forwarding address
• Move-out inspection information

After Serving the Notice

If Tenant Vacates by Deadline:

• Conduct move-out inspection
• Return security deposit within 21 days (Cal. Civ. Code § 1950.5)
• Provide itemized deductions if keeping any deposit
• Include receipts for deductions over $126

If Tenant Does Not Vacate:

• Wait until notice period expires
• File Unlawful Detainer (eviction) lawsuit
• Serve Summons and Complaint
• Attend court hearings
• Obtain judgment and writ of possession
• Sheriff performs eviction (NO self-help!)

If Tenant Pays Rent After Notice:

• Accepting rent for period AFTER termination date may waive the notice
• Only accept rent up to termination date
• If you accept rent beyond termination, you may need to start over with new notice

Critical Mistakes to Avoid

• Wrong Notice Period: Using 30-day when 60-day required, or 60-day when 90-day required
• Ignoring Rent Control: Using no-cause notice in just cause city
• Improper Service: Not following service rules exactly
• Wrong Termination Date: Not aligning with rental period end
• Accepting Rent After: Taking rent payment beyond termination date
• Retaliation: Serving notice within 180 days of tenant complaint
• During Fixed Lease: Cannot use this for active lease term
• No Relocation Payment: Failing to pay required relocation in just cause cities

Relocation Assistance Requirements

Many California cities require relocation payments for no-fault terminations:

• Los Angeles: $8,700-$22,500+ depending on unit type and tenant age/disability
• San Francisco: $7,700-$25,000+ (among highest in state)
• Oakland: $6,000-$14,000+ depending on bedroom count
• Berkeley: $5,000-$12,000+ for most no-cause terminations
• Statewide (AB 1482): 1 month’s rent for certain no-fault causes

Payment must be made BEFORE tenant vacates in most cities

Special Situations

Owner Move-In

Some cities allow owner or family member move-in as just cause, but require:

• Proof of intent to occupy
• Owner must actually move in (not just claim it)
• Must occupy for minimum period (often 3 years)
• Relocation assistance required
• Right of first refusal if re-renting within certain time
• Penalties if owner doesn’t actually move in

Ellis Act (Going Out of Business)

Landlords in rent control cities can use Ellis Act to exit rental business:

• Must remove ALL units from rental market
• 120-day notice required (or longer for elderly/disabled)
• High relocation payments required
• 5-10 year restriction on re-renting
• Complex legal process – requires attorney

Section 8 / Subsidized Housing

Additional federal requirements apply:

• 90-day minimum notice
• Must have “good cause” reason (federal requirement)
• Notice to housing authority required
• Cannot terminate for discriminatory reasons
• Cannot terminate in retaliation for complaints to PHA
• Follow both federal and state/local rules (strictest applies)

Resources

• California Code of Civil Procedure § 1946, 1946.1
• California Civil Code § 1950.5 (security deposits)
• California Tenant Protection Act (AB 1482)
• California Courts Self-Help: www.courts.ca.gov/selfhelp-eviction.htm
• Local rent control board (if applicable)
• HUD Section 8 regulations (if applicable)
• California Apartment Association
• Landlord-Tenant Attorney (highly recommended for rent control cities)