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: 4/18/2024

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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.

landlords really need to know

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

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