California Notice to Vacate Template: 30 or 60-Day Notice of Termination (Civ. Code § 1946.1) with Just Cause

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Notice of Termination of Tenancy (California)

30-Day or 60-Day Notice to Vacate under Civil Code § 1946.1, with Just Cause under § 1946.2

Date of notice: [Date]

To: [Full name of each tenant] and all others in possession
Premises: [Street address, unit], [City], California [ZIP]

1. Notice Period (check one)

☐ 60 days. At least one tenant or resident has resided in the dwelling for one year or more (Civil Code § 1946.1(b)).

☐ 30 days. All tenants and residents have resided in the dwelling for less than one year (§ 1946.1(c)).

☐ 30 days, sale of the unit. The unit is alienable separate from any other unit; the owner has contracted to sell it to a bona fide purchaser who is a natural person and who intends in good faith to live in it for at least one full year; escrow was opened on [Date] with [escrow holder], and this notice is given no more than 120 days after that date; and no notice was previously given to you under § 1946.1 (§ 1946.1(d)).

Your tenancy will terminate on [Date], which is at least [30 / 60] days after this notice is served on you. You must vacate the premises and deliver possession to the owner on or before that date.

2. Just Cause (Tenant Protection Act, Civil Code § 1946.2)

Check one:

☐ Not required. ☐ The tenants have not yet continuously and lawfully occupied the premises for 12 months (or 24 months, where § 1946.2(a) requires it). ☐ The property is exempt from § 1946.2 because: [state the exemption, for example a certificate of occupancy issued within the previous 15 years, or a single-family home or condominium owned by a natural person where the exemption notice required by § 1946.2(e)(8) was given].

☐ At-fault just cause: [state the cause and the facts, with dates, for example refusal to sign a written renewal of similar duration and terms after a written request]. [If the cause is a curable lease violation, a notice to cure must be served first (§ 1946.2(c)).]

☐ No-fault just cause:
☐ Intent of the owner or the owner’s spouse, domestic partner, child, grandchild, parent or grandparent to occupy the unit as a primary residence for at least 12 continuous months. Intended occupant: [name(s)], relationship to the owner: [relationship]. You may request proof that the intended occupant is an owner or related to the owner.
☐ Withdrawal of the residential real property from the rental market.
☐ Compliance with a government or court order, or local ordinance, that requires vacating the unit: [describe and attach].
☐ Intent to demolish or substantially remodel the property. [Attach the statements, description, expected duration and permit or contract copy required by § 1946.2(b)(2)(D)(iv).]

3. Relocation Assistance (No-Fault Just Cause Only; § 1946.2(d))

You have the right to relocation assistance or a rent waiver equal to one month of your current rent, $[Amount]. The owner has chosen to (check one):

☐ pay you $[Amount] directly within 15 calendar days of service of this notice.
☐ waive the rent for the final month of the tenancy: rent of $[Amount] for [month and year] is waived, and no rent is due for that month.

4. Local Ordinances

[If the property is in a city or county with its own just-cause or rent ordinance, add any notice, cause or relocation terms the ordinance requires. Where a local ordinance applies instead of § 1946.2, follow the ordinance.]

5. Notice Required by Civil Code § 1946.1(h)

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.

6. Owner or Agent

Name: [Name] · Address: [Address] · Phone: [Phone] · E-mail: [E-mail]

Signed: ___________________________ (owner or authorized agent) Date: __________

7. Proof of Service

I served this notice on [Date] by (check one):

☐ delivering a copy to the tenant personally: [name]
☐ leaving a copy with [name], a person of suitable age and discretion at the tenant’s ☐ residence ☐ usual place of business, the tenant being absent, and mailing a copy to the tenant at the residence on [Date]
☐ affixing a copy in a conspicuous place on the property, delivering a copy to a person residing there if one could be found, and mailing a copy to the tenant at the property on [Date], because the tenant’s residence and business could not be ascertained or no person of suitable age and discretion could be found there
☐ sending a copy by ☐ certified ☐ registered mail on [Date] (receipt number [ ]) (Civil Code § 1946.1(f))

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Served by: ___________________________ (name and signature) Date: __________

Before You Send (Delete This Section)

  • Count the tenants’ time, not yours. If any tenant has lived in the unit for a year or more, the notice must be 60 days.

  • Check just cause first. After 12 months of occupancy the notice must state a just cause unless the property is exempt, and a notice that does not comply with § 1946.2 is void.

  • No-fault? Pay or waive. Pay one month’s rent within 15 calendar days, or waive the last month in the notice itself.

  • Unpaid rent or a lease violation calls for a three-day notice under CCP § 1161 (excluding Saturdays, Sundays and judicial holidays), not this notice.

  • Local rules. Many California cities have stricter just-cause and relocation ordinances; check yours before serving.

  • No service fee. You may not charge the tenant for serving or posting the notice.

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California Notice to Vacate Template: 30 or 60-Day Notice of Termination (Civ. Code § 1946.1) with Just Cause

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Frequently asked · California notice to vacate

Notice to Vacate (California) · 30 or 60 days, just cause, relocation assistance, 3-day notices, service

Eight questions to settle before a California landlord serves a notice to vacate. The notice period is only half the job: for most tenancies over a year old the notice must also state a just cause, and a no-fault reason comes with a month's rent in relocation assistance. A notice that misses either is void.

01 Basics

Is it a 30-day or a 60-day notice in California?

60 days if any tenant or resident has lived in the dwelling for a year or more; 30 days if all of them have lived there for less than a year (Civil Code § 1946.1(b), (c)).

A 30-day notice is also allowed when the owner sells a separately titled unit to a natural person who will live in it for at least a year, the notice is given within 120 days after escrow opens, and no earlier notice was given (§ 1946.1(d)). Where the owner ends a contract with a government agency that limits the rent, the tenants get at least 90 days' written notice (§ 1954.535).

02 Just cause

When does a California landlord need just cause to end a tenancy?

Once a tenant has continuously and lawfully occupied the unit for 12 months, the owner may end the tenancy only for a just cause, which must be stated in the written notice (Civil Code § 1946.2(a)). If an adult tenant was added before an existing tenant reached 24 months, the rule applies when all tenants have 12 months or one tenant has 24.

Failure to comply with any provision of § 1946.2 makes the termination notice void (§ 1946.2(g)), and an owner who tries to recover possession in material violation of it can owe actual damages, attorney's fees and, for willful conduct, up to three times damages. A local just-cause ordinance adopted before 1 September 2019, or a later one that is more protective, applies instead.

03 Exemptions

Which California rentals are exempt from the just-cause rule?

Among others: housing with a certificate of occupancy issued within the previous 15 years; a single-family home or condominium, separately titled, owned by someone other than a REIT, corporation or LLC with a corporate member, if the tenants received the statutory exemption notice; rooms where the tenant shares a kitchen or bathroom with the owner-occupant; and an owner-occupied duplex (§ 1946.2(e)).

For tenancies begun or renewed on or after 1 July 2020, the single-family exemption notice must be in the rental agreement itself. Deed-restricted affordable housing, dormitories, hotels and certain care facilities are also exempt. Section 2 of the template records which exemption applies.

04 Causes

What are the at-fault and no-fault causes?

At-fault causes include unpaid rent, breach of a material lease term, nuisance, waste, criminal activity, unauthorized subletting, refusal of lawful entry, unlawful use, and refusal to sign a renewal of similar duration and terms. No-fault causes are owner or family move-in, withdrawal from the rental market, a government or court order to vacate, and demolition or substantial remodel (§ 1946.2(b)).

Before terminating for a curable lease violation, the owner must first serve a notice giving the tenant a chance to cure; only if it is not cured may a three-day notice to quit follow (§ 1946.2(c)). A substantial remodel means permitted work on structural, electrical, plumbing or mechanical systems, or hazardous-material abatement, that requires the tenant to leave for at least 30 days; cosmetic work does not count.

05 Relocation

How does relocation assistance work for a no-fault termination?

Regardless of the tenant's income, the owner either pays the tenant one month's rent within 15 calendar days of serving the notice, or waives the final month's rent in writing before it is due. The notice must tell the tenant about this right, and if the owner chooses the waiver, state the amount waived and that no rent is due for that month (§ 1946.2(d)).

The amount is one month of the rent in effect when the notice is issued, and it counts toward any relocation payment another law requires. If the tenant does not leave after the notice expires, the owner can recover the amount as damages. Strict compliance matters: failure makes the notice void.

06 Move-in

What must an owner move-in notice say?

The name of each intended occupant and their relationship to the owner, and a statement that the tenant may request proof that the intended occupant is an owner or related to one. The intended occupant must be the owner or the owner's spouse, domestic partner, child, grandchild, parent or grandparent (§ 1946.2(b)(2)(A)).

The occupant must move in within 90 days after the tenant leaves and live there as a primary residence for 12 consecutive months; otherwise the owner must offer the unit back at the same rent and terms and pay the tenant's reasonable moving costs beyond the relocation payment. For leases signed on or after 1 July 2020, the tenant must agree in writing or the lease must allow owner move-in.

07 Service

How must a California notice to vacate be served?

By a method in CCP § 1162 (personal delivery; substituted service on a person of suitable age and discretion at the tenant's home or business plus mailing; or posting in a conspicuous place plus mailing) or by certified or registered mail (§ 1946.1(f)).

The notice must also contain the statutory statement about reclaiming abandoned personal property (§ 1946.1(h)), which is reproduced in Section 5 of the template, and the landlord may not charge a fee for serving or posting it (§ 1946.1(i)). Section 7 is a proof of service signed under penalty of perjury.

08 Rent

What about unpaid rent or a lease violation?

Those use three-day notices, counted excluding Saturdays, Sundays and judicial holidays (CCP § 1161(2), (3)). A notice to pay rent or quit must state the amount due and the name, telephone number and address of the person to pay, and if payment can be made in person, the usual days and hours.

A notice to perform or quit gives the tenant three court days to cure a breach. Nuisance, waste, unlawful use and unauthorized subletting allow a three-day notice to quit without a chance to cure (§ 1161(4)). A tenant's own notice must be at least as long as the rent period, usually 30 days (§ 1946.1(b)).

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