Legal Question in Landlord & Tenant Law in California

A tenant who has lived at a property for less than a year and is on a month to month agreement can be served a 30-day notice to terminate the tenancy. Under the law either party can terminate the tenancy with a written 30-day notice. No reason for the termination is required. With that said the law also provides that the notice cannot be given for a illegal reason such as discrimination or retaliation. In other words the landlord cannot have an illegal motive for terminating a tenancy.

If you fail to vacate in the 30-days the landlord can file an eviction action. Discrimination and retaliation are defenses to such an action but you would be required to prove the illegal motive which can be difficult. The particular facts surrounding the service of the notice determine what the landlord's motive may have been. You should consult a attorney with your specific facts before deciding to fight the termination or not.

Mr. Rosales is right. I would just add that if you have been in the property for more than a year, a 30 day notice is invalid. The landlord must give 60-days notice.