California 30 Day Notice to Vacate
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The California 30 Day Notice to Vacate ends a periodic tenancy of less than one year for rental units not in rent-controlled jurisdictions.
Document Last Modified: 8/1/2024
Related Documents
State Specific Clauses
CA State Assist
A landlord who wants to end a month-to-month tenancy or rental agreement can do so by properly serving a written 30-day notice to the tenant if the tenant has resided in the dwelling for less than one year. Generally, a 30-day notice doesn't have to state the landlord's reason for ending the tenancy.
In some localities or circumstances, special rules may apply to 30-day notices.
All notices must be in writing! If the tenant does not comply before notice period expires, a landlord may evict the tenant via court proceedings.
Notices for non-payment of rent must NOT include other money the tenant owes, such as late fees, interest, utilities, or damages.
If the tenant has neither cured the lease violation or vacated the premise, the landlord may begin court proceedings on the 4th day after the tenant receives the notice. The days are counted from the first day after the notice is served; counting every day on the calendar, including weekends and holidays. If the last day of the notice period falls on a holiday or weekend, then the notice period ends the next work day.
The landlord must file a complaint with the court clerk referred as an "Unlawful Detainer".
Please Note: Each county may have their own requirements. It is wise to check with your local jurisdiction. This is done by filing a complaint with the court clerk referred as an "Unlawful Detainer". Landlords should keep a copy of the notice with proof of service as it may be needed for court proceedings.
SERVICE OF NOTICE
A landlord can use any of the methods described below to serve a 30-day or 60-day notice on a tenant, OR can send the notice to the tenant by certified or registered mail with return receipt requested.
Notices may also be served on the tenant in one of three waysdescribed below:
personal service,
substituted service,
or by posting AND mailing.
The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.
Personal service - To serve the tenant personally, the person serving the notice must hand the tenant the notice (or leave it with the tenant if tenant refuses to take it).
Substituted service on another person -If the landlord does not find the tenant at home, If the landlord can't find the tenant at home, the landlord can use "substituted service" instead of serving tenant personally.
RENTAL CONTROL LAW
Some California cities have rent control ordinances, that limit or prohibit rent increases. Some of these ordinances specify procedures that a landlord must follow before increasing a tenant's rent, or that make evicting a tenant more difficult for a landlord. Each community's ordinance is different.Some cities have boards that have the power to approve or deny increases in rent. Other cities' ordinances allow a certain percentage increase in rent each year. Because of recent changes in State law, all rent control cities now have "vacancy decontrol." This means that the landlord can re-rent a unit at the market rate when the tenant moves out voluntarily or when the landlord terminates the tenancy for nonpayment of rent.
Some ordinances make it more difficult for owners to convert rentals into condominiums.
Los Angelos rent control information, ordinances and forms may be found at the Los Angeles County Housing Department web-site.
IMPORTANT: If you have a rental unit within a locality that is rent controlled, contact the locality or jurisdiction for the proper procedures to renew a lease, terminate a lease or evict a tenant!
When a resident reaches the end of his or her occupancy there are specific procedures for both landlord and tenant to obey to end the lease properly. This form is only to be used for tenancies that are periodic, which means that there is no predetermined ending date. A 30-Day Notice to Vacate may be used for periodic leases that are LESS THAN 12 MONTHS IN DURATION. California is very exact and precise in its requirements for ending a lease.
Although this specific form does not have to state the landlord's reason for ending the tenancy, the reason cannot be unreasonable. Landlords are encouraged to do their due diligence in learning the requirements for their local jurisdictions. In specific locations where rents are controlled, landlords may need to use a completely different form and follow requirements set by the rent-controlled location. Under these circumstances, the landlord is encouraged to contact the local housing office.
For tenancies that are over one year, a 60-Day Notice should be used.
When the landlord is ready to end the lease, this is provided to the tenant 30 Days ahead of time. This gives that tenant either 30 days to move out. If the tenant does not leave before the end of the 30 days, then the landlord may initiate eviction. When sending this form, the landlord may hand it personally to the tenant or someone who lives with the tenant who is of an appropriate age, the notice itself may be posted upon the door of the premises or in another visible location or the landlord may mail this form by certified or registered mail.
This form is NOT TO BE used for Section 8 tenants. Tenants who are participating in a Section 8 program are entitled to a reason.
If a landlord is dealing with a violation of a lease, they may use the California 3 Day Notice to Perform or Quit or the California 3 Day Notice to Pay or Quit.
Note: This is a no-cause notice for tenants who ARE NOT in a rent-controlled location.
Further information may be found at: http://www.housing.ucsc.edu/cro/pdf/30-day.pdf
California State Specific Documents
- California Security Deposit Accounting Statement: This form makes it EZ for Landlords to comply with California’s specific requirements regarding the accounting of security deposits.
- California 30-Day Notice to Vacate: This is the form Landlords need to end a month-to-month Lease or a Lease with a tenancy period of less than one year.
- California 60-Day Notice to Vacate for Non-Exempt Properties - No-Fault Just Cause Lease Termination: California Landlords can provide Tenants with a 60-day Notice for no-fault just cause evictions, which must inform Tenants of their right to receive relocation assistance.
- California Notification of Pre-Move Out Inspection: California Landlords are required to give Tenants written notification of their right to request a pre-move out inspection. This form makes it EZ to do!
- California 3-Day Notice to Pay or Quit: This form is for Tenants that are behind on rent and a necessary step prior to filing for eviction.
- California 3-Day Notice to Perform or Quit: If you have a Tenant that is breaking the Lease but the violation can be fixed, this is the form you need.
- California Notice to Reclaim Abandoned Property: If a Tenant leaves unclaimed property in a rental unit that appears to be worth more than $700, this form is required.
- California Notice of Belief of Abandonment: If a Tenant has missed at least 14 days of rent and you believe they have abandoned the property, this notice must be sent to Tenants.
- California Unlawful Detainer Complaint: This is the complaint Landlords use to officially initiate eviction proceedings. This can be used when a Tenant has violated the Lease Agreement and been served proper notice.
- California AB 1482 Rent Control & Eviction Exemption Form: California Landlords must provide Tenants with this Notice of Exemption if their property is exempt from the requirements of California AB 1482. California Accessibility and Americans with Disabilities Act: A landlord should include this form in a commercial lease to state whether or not the premises has been inspected by a Certified Access Specialist.
- California Energy Disclosure: Use this form in a commercial lease to confirm that the energy consumption and benchmarking disclosure were provided to the tenant.
- California Flood Disclosure: This form is an easy way for California Landlords to comply with required statewide flood disclosures and to give Tenants all necessary notice of flood risks.
- California AB 1482: The California Tenant Protection Act requires this document, a written disclosure concerning two requirements: 1. Limits on rent increases and 2. a statement of cause in notices to terminate a tenancy.
- California Water Meter Disclosure: California Landlords that charge Tenants separately for water usage or those required to use water submeters must provide Tenants with a Water Meter Disclosure.
- Information on Dampness and Mold for Renters in California: Information on Dampness and Mold for Renters in California
- 15 Day Notice to Pay or Quit: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.
- California Guide to Residential Tenants’ And Landlords’ Rights And Responsibilities: This is the California Guide to Residential Tenants' And Landlords' Rights And Responsibilities.
- California Rental Application: This Rental Application will provide the landlord with the necessary information about the inquiring applicants, excluding the marital status question.
- California Family Daycare Q&A for Landlords: An informative guide for the landlord regarding the requirements needed for a tenant to run a home daycare in a rental property.
- California Non-Residential Building Energy Disclosure Program Information: California Landlords who rent non-residential property must comply with the California Nonresidential Building Energy Use Disclosure Program.
- California Notice of Pest Control Treatment: California Landlords are required to give renters notice any time the Landlord uses pesticides to treat a rental unit. Ours is EZ to customize & download.
- California Quitclaim Deed: This California Quitclaim Deed complies with California's legal requirements and allows owners to transfer their housing ownership to others.
- Declaration of COVID-19-Related Financial Distress: This form provides the language required for a California Landlord to initiate eviction proceedings pursuant to CA AB 3088, including the required attachment of a Declaration of COVID-19-Related Financial Distress.