California Statewide Rule
California Lease Termination Notice (Civ. Code §§ 1946.1, 1946.2)
Key Facts
- Tenant notice
- 30 days (month-to-month)
- Landlord notice (< 1 year)
- 30 days
- Landlord notice (≥ 1 year)
- 60 days
- Just cause (covered units)
- Required after 12 months (§ 1946.2)
- Early termination
- Military (SCRA) and domestic-violence survivors
Summary
To end a California month-to-month tenancy, a tenant gives 30 days' written notice. A landlord gives 30 days if the tenant has lived there under a year, or 60 days if a year or more, under Civ. Code § 1946.1. AB 1482 requires just cause after 12 months; military and DV tenants may exit early.
An owner of a residential dwelling or commercial real property hired by a qualified commercial tenant giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination. (c) Notwithstanding subdivision (b), an owner of a residential dwelling or commercial real property hired by a qualified commercial tenant giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if a tenant or resident has resided in the dwelling or occupied the property for less than one year.
Full Breakdown
Civil Code § 1946.1 governs termination of residential periodic tenancies. A tenant must give written notice at least as long as the rental period, generally 30 days. A landlord must give "notice at least 30 days prior to the proposed date of termination" if the tenant has resided there less than one year, or "at least 60 days" if the tenant has occupied the unit one year or more. For units covered by AB 1482, Civil Code § 1946.2 bars termination after 12 months without stated just cause, and no-fault terminations require relocation assistance "equal to one month of the tenant's rent." Separate laws let active-duty servicemembers (SCRA) and domestic-violence survivors (Civ. Code § 1946.7) terminate early on documented grounds.
Violations & Penalties
A termination notice with too short a period is defective and cannot support an eviction. For covered units, terminating without just cause or unpaid relocation assistance voids the notice; willful violations expose a landlord to treble actual damages plus fees.
Frequently Asked Questions
How much notice does a tenant give to end a month-to-month lease in California?
How much notice must a landlord give to end a month-to-month tenancy?
Can a California tenant break a lease early?
Sources
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