This California notice is commonly associated with terminating a month-to-month tenancy or tenancy-at-will that has lasted more than one year, as addressed under state law. See California Civil Code § 1946.1.
This type of notice generally advises the tenant that the tenancy is scheduled to end on a specified date that is at least sixty days from the date the notice is delivered, as required by statute. If the tenant remains in possession of the property after the notice period expires, the landlord may have the option to pursue an unlawful detainer action through the court system.
How to Fill Out
The following steps are provided for general informational purposes and describe common sections found on this type of notice.
Step 1 – Enter the name of the person preparing the notice and include contact information such as phone number and email address, where applicable.
Step 2 – Enter the date the notice is prepared and identify the rental property street address and city as indicated on the form.
Step 3 – List the full name of each tenant named on the rental agreement.
Step 4 – Identify the date the rental agreement was signed along with the rental property address as stated in the lease.
Step 5 – Enter the names of all tenants who executed the rental agreement.
Step 6 – Provide the landlord name as it appears in the rental agreement.
Step 7 – Identify the rental property designation used in the lease, such as a unit number or account number, if applicable.
Step 8 – Estimate a termination date that is at least sixty days from the date the tenant is expected to receive the notice and identify the person or entity authorized to accept possession of the property if needed.
Step 9 – Enter the monthly rent amount and the date it is normally due, as referenced on the form.
Step 10 – Disclose the amount of any security deposit collected, if applicable.
Step 11 – The preparer generally signs and dates the notice and completes any remaining contact information. License numbers apply only when required by law.
Serving a Tenant in California
Under California law, this notice generally becomes effective only after proper service. Common service methods may include personal delivery, substituted service on an adult at the residence or place of business (with additional mailing), or posting in a conspicuous location followed by mailing, depending on the circumstances.
Note: When service is not made personally, California law generally provides additional time for the tenant to respond.
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• Rent Grace Period: As stated in the lease agreement.
• Nonpayment of Rent: 3 days. CA Civ. Proc. Code § 1161(2)
• Noncompliance: 3 days. CA Civ. Proc. Code § 1161(3)
• Termination (Month-to-Month Lease): 30 days (less than 12 months) / 60 days (more than 12 months). California Civil Code § 1946.1
• Eviction Lawsuit: Unlawful Detainer. California Code of Civil Procedure §§ 1159–1179a
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