If the total duration of a tenancy-at-will (month-to-month rental agreement) has lasted less than one year, a landlord use a California 30 Day Notice to Terminate Tenancy. California Code 1946.1
This notice informs the tenant that the tenancy will end on a specific date (at least 30 days from the date served). If the tenant fails to move, the landlord may file an unlawful detainer lawsuit to take possession of the property.
How to Fill Out
Step 1 – On the top line of the notice, enter the name of the tenant and subtenants (if applicable)
Step 2 – Enter the address of the premises (rental property location).
Step 3 – For the date field, enter the estimated date that is 30 days from when the tenant will be served this notice.
Step 4 – After the disclosure statements, the landlord preparing this notice must sign and date it.
Step 5 – Under the “Proof of Service” section, the landlord must attest to how the tenant was served and when.
Serving a Tenant in California
This notice will only go into effect when the tenant is served. You may deliver it personally to the tenant at their residence or place of business. You may also post it in a very conspicuous area where any reasonable person would discover it such as the front door (a copy should then also be mailed, certified). You also have the option present this to an adult at the dwelling unit (a copy should then also be mailed, certified).
Note: A landlord must allow an extra day if notice is not personally delivered to the tenant.
• Nonpayment of Rent: 3 days. CA Civ Pro Code § 1161(2)
• Noncompliance: 3 days. CA Civ Pro Procedure §1161(3)
• Termination (Month-to-Month Lease): 30 days (<12 mos) 60 days (>12 mos). Calif. Civil Code § 1946.1
• Eviction Lawsuit: Unlawful detainer Calif. Civil Code 1159 – 1179a
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