California Terminating Tenancy Without a Lease

The California Civil Code, Chapter 2, Section 1946 and 1946.1 sets forth the following requirements for terminating tenancy when neither party specified a term in a written lease agreement:

Terms Less than 30 Days

A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in the California Residential Lease Renewal Laws, at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days;

Terminating Month-to-Month Tenancy

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. It shall be competent for the parties to provide by an agreement at the time the tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof.

Amended by Stats. 2018, Ch. 104, Sec. 1. (AB 2847) Effective January 1, 2019.

Terminating Tenancy of a Longer Duration

Either party may give written notice to the other of his or her intention to terminate the tenancy, as provided in this subsection.

• An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.
• If any tenant or resident has resided in the dwelling for less than one year, an owner shall give notice at least 30 days prior to the proposed date of termination.
• 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.
• 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.
• 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.
• Any notice given by an owner pursuant to this subsection shall also contain the notice in the subsection Landlord Termination Notice regarding a tenant’s abandoned property.

Amended by Stats. 2012, Ch. 786, Sec. 2.5. (AB 2303) Effective January 1, 2013.

Tenant Termination Notice Delivery

The lessee may give the notice by sending a copy by certified or registered mail addressed to the lessor, or to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of the notice or by delivering a copy to the lessor or its agent personally.

Landlord Termination Notice Delivery

The lessor may give the notice by sending a copy by certified or registered mail addressed to the lessee and shall also 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.”

Amended by Stats. 2018, Ch. 104, Sec. 1. (AB 2847) Effective January 1, 2019.

Return to California Landlord-Tenant Laws.