California has specific procedures and laws in place for ending a month to month lease. There are two different forms. One is for those tenancies that are in place for under one year in duration and would require a 30-day notice and this "60 Day Notice to Vacate" is used for those that have remained, in effect, for longer than one year.
IMPORTANT: The landlord must understand that if a tenant is in possession of the rented premises for even one day beyond a year, a 60-day notice is required.
Once the landlord is ready to take back possession of the premises, and the tenant has lived there for more than 365 days (one year), proper written notification of 60 days is needed. There is no reason needed! With that being said, a landlord may not be completely unreasonable in ending a lease. To those tenants who are living in any governmental subsidized housing such as a Section 8, this form is not adequate. Under those circumstances, the tenant must be given a valid reason. There are several states that have rent controlled localities and California is one of them. Often these types of areas contains their own specific regulations. It is wise to consult with your local city or town’s housing office if your rental property is situated within the parameters of a rent-controlled locality.
This form is easy to use. Click on “CREATE” and afterwards choose your rental property from the list and after that fill in your contact phone number where prompted. Once you are done, you can download your form, which is assembled with all the necessary information. To properly serve your written notice, it can be either:
- Given to the tenant personally.
- If a tenant is not available, the notice may be given to someone in the household that is at least 18 years old. This needs to be followed up with a mailed copy.
- The notice may be posted upon the door or somewhere nearby the rental unit and this also needs to be followed with a mailed copy.
If the tenancy you want to end is for a duration less than one year, then a California 30 Day Notice will be used.
It is wise to consult with an attorney before embarking on evictions, especially those with unusual circumstances.