California Notice to Vacate
In California, 'notice to vacate' usually means the written 30- or 60-day notice that ends a month-to-month tenancy. It is not a court order, and for many longer tenancies it must also state a legally recognised cause — serving the wrong notice, for the wrong period, is a common reason cases fail.
What it is
A California notice to vacate (termination of tenancy notice) is the written notice a landlord serves to end a periodic tenancy. The period depends on how long the tenant has lived in the unit, and the Tenant Protection Act adds a just-cause layer for many tenancies. It is different from the 3-day notice used for unpaid rent or a lease violation.
When to use it
- Ending a month-to-month tenancy where the tenant has lived in the unit less than one year — 30-day notice
- Ending a month-to-month tenancy where any tenant has lived in the unit one year or more — 60-day notice
- Not for unpaid rent alone: nonpayment normally starts with a 3-day notice to pay rent or quit (see the requirements card)
What to include — checklist
Print this page to use the checklist on paper.
- Names of all tenants on the lease or in occupation
- Property address, including unit number
- A clear statement that the tenancy is terminated
- The exact termination date, counted with the full 30- or 60-day period allowed
- The stated cause for termination, where just-cause rules apply to the tenancy
- Rent amount due through the termination date, stated plainly
- A request for a forwarding address for the security-deposit accounting
- How and when the notice was served, with proof of service kept with a complete copy
- Landlord or authorised agent signature, date and contact for questions
California-specific requirements
- Civil Code §1946.1: a landlord must give at least 60 days' written notice to terminate a month-to-month tenancy if any tenant has resided in the unit for one year or more, and at least 30 days' written notice if every tenant has resided there less than one year.
- Tenant Protection Act (AB 1482) — Civil Code §1946.2: for many covered tenancies, after the just-cause threshold in the statute is met (generally 12 months of continuous lawful occupancy by all tenants, or 24 months by at least one), a landlord must state a just cause — at-fault or no-fault — in the termination notice. No-fault terminations can also carry relocation-assistance obligations. Exemptions exist and are fact-specific, and many cities have stricter local just-cause rules — check coverage before serving.
- This is not the nonpayment notice: under Code of Civil Procedure §1161, a landlord who claims rent is due first serves a 3-day notice to pay rent or quit. The 3 days exclude Saturdays, Sundays and judicial holidays. That notice must state the exact amount of rent due (rent only — not late fees or other charges) and the name, telephone number and address of the person to whom payment must be made, with the usual days and hours that person is available to receive it.
- A termination notice is not permission for self-help. Do not change locks or shut off utilities to force a tenant out — possession is recovered through the court process if the tenant does not leave.
Statute references are included only where verified for this page. Where a rule depends on your lease or local court, the page says so instead of guessing.
Common mistakes
- Serving a 30-day notice on a tenant who has lived in the unit a year or more
- Serving a no-cause notice on a tenancy that AB 1482 or a local ordinance requires just cause for
- Using a 30/60-day termination notice for unpaid rent instead of the 3-day notice §1161 requires
- Putting late fees or other charges into a 3-day pay-or-quit amount — it must be rent only
- Miscounting the period, including the 3-day rule's exclusion of Saturdays, Sundays and judicial holidays
- Changing locks or interrupting utilities when the tenant does not leave on the date stated
Where landlords get this form
These providers publish California-specific landlord forms and document tools. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.
| Provider | Best described as | What to check before you buy |
|---|---|---|
| LawDepot | DIY legal-document builder covering leases, applications and notices, form by form or by subscription. See LawDepot's eviction notice forms | Whether the California version is included in a free trial, subscription, or single-document price. |
| ezLandlordForms | Landlord-focused forms library built specifically around rentals, screening and state lease packages. | Whether you need a single form or its California state package, and what updates are included. |
| Rocket Lawyer | Document builder bundled with membership options that can include attorney Q&A services. | What the membership includes after any trial, and how cancellation works. |
| LegalZoom | Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents. | Whether the exact landlord form you need is offered for California, versus a business product. |
Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.
State packs — coming soon
Printable state packs are planned for this site, organized in the order a small landlord actually uses them: application, lease signing, move-in, late rent, renewal, move-out and deposit return. Nothing is for sale yet.
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Frequently asked questions
- How many days' notice does California require to end a month-to-month tenancy?
- Under §1946.1, at least 30 days if every tenant has lived in the unit less than one year, and at least 60 days if any tenant has lived there one year or more.
- Do I also need a reason for the notice?
- Often, yes. For many covered tenancies, §1946.2 (AB 1482) requires a stated just cause once its occupancy threshold is met, and local ordinances can require cause sooner or for more properties. Check coverage for your unit before serving a no-cause notice.
- What if the tenant simply has not paid rent?
- That normally starts with a 3-day notice to pay rent or quit under Code of Civil Procedure §1161, not a 30/60-day termination notice. The 3 days exclude Saturdays, Sundays and judicial holidays, and the amount demanded must be rent only.
- Is a notice to vacate the same as an eviction?
- No. The notice ends (or seeks to end) the tenancy. If the tenant stays, the landlord must use the court unlawful-detainer process — a notice alone does not remove anyone.