Legal Question in Real Estate Law in California

HI There, What is the minimum time required to request a tenant to vacate a property in California? They have been on a 12 month lease which expired in March and have been on a month to month to date. Do I need to serve a formal notification or can I just use a signed letter?


Asked on 5/28/12, 4:22 am

3 Answers from Attorneys

Signed letter is fine. Since they are month-to-month, and have been there over a year, you have to give 60-days notice.

Read more
Answered on 5/28/12, 10:26 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree that a written notice can be informal, so long as it conveys all the necessary information and is signed and delivered. However, I'm skeptical about the 60-day requirement, which I believe applies only to rentals that were month-to-month from the outset.......when a term lease expires, the tenancy becomes "at will" and only 30 days' notice is required (see Civil Code section 789), IMHO.

Read more
Answered on 5/28/12, 11:30 am
Anthony Roach Law Office of Anthony A. Roach

Mr. Whipple is correct. Mr. McCormick is thinking of an older statute that is no longer in effect.

A landlord can end a periodic tenancy by giving the tenant proper advance notice. In the case of a month-to-month tenancy, the landlord must give the tenant 30 days' advance written notice. (Civ. Code, sect. 1946.) Between January 1, 2003 and December 31, 2005, Civil Code section 1946.1 required 60 days' notice if the tenant had lived in the unit for a year or more. That section - Civil Code section 1946.1 - was repealed effective January 1, 2006, so the original time of 30 days applies.

The notice must be given in the manner prescribed in section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. Feel free to send me a private e-mail if you need clarification or further guidance.

Read more
Answered on 5/30/12, 10:31 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California