CA 30-Day vs 60-Day Notice to Quit Rules

Quick Answer

To end a month-to-month tenancy by written notice, you give at least 30 days when every tenant and occupant has lived in the unit for less than one year, and at least 60 days once any tenant or occupant has lived there for one year or more (Cal. Civ. Code § 1946.1(b)-(c)). After 12 months of occupancy, most units also need a just cause under Cal. Civ. Code § 1946.2, so the 60-day period tells you how long to wait, not whether you may end the tenancy. Statute text last checked October 2, 2026.

Key Takeaways

• Length of residence sets the period. You owe 30 days when all tenants and occupants have lived in the unit under one year, and 60 days when any of them has lived there one year or more (§ 1946.1(b)-(c)).
• Day 0 is the day you serve. That day does not count (CCP § 12), so your first counted day is the next one.
• Mail adds 5 calendar days. When you serve by mail within California, add 5 days under CCP § 1013(a): 35 days or 65 days.
• Just cause starts at 12 months. On a covered unit, § 1946.2(a) requires an at-fault or no-fault cause. A no-fault cause brings relocation assistance of one month’s rent, or a waived final month, due within 15 calendar days of service.
• Two other tracks exist. A narrow 30-day sale exception applies when all six conditions in § 1946.1(d) are met, and Section 8 tenancies call for 90 days under § 1954.535.

1. The Statutory Framework: 30-Day vs. 60-Day Notice

Under California Civil Code § 1946.1, the advance written notice you give to end a periodic (month-to-month) residential tenancy depends on how long your tenants have lived in the unit.

The 30-Day Rule (§ 1946.1(c))

You serve at least 30 calendar days of written notice when all tenants and occupants have lived in the dwelling for less than one continuous year.

The 60-Day Rule (§ 1946.1(b))

You serve at least 60 calendar days of written notice when any tenant or occupant has lived in the dwelling for one year or more. One long-term occupant sets the period for the whole household, so check each name on the lease and each adult occupant before you choose a date.

The 90-Day Section 8 Rule (§ 1954.535)

If your tenant receives a federal Section 8 Housing Choice Voucher subsidy, California law calls for 90 calendar days of advance notice. Confirm the notice language your housing authority requires before you serve.

2. How AB 1482 Just Cause (§ 1946.2) Sits on Top of the Notice Period

For most units, the notice period answers one question: how long you wait. Whether you may end the tenancy at all is answered separately by AB 1482 of 2019 (Cal. Civ. Code § 1946.2). After a tenant has lived in a covered unit for 12 continuous months, you need a statutory just cause. If additional adult tenants joined before the 24-month mark, the requirement applies once all tenants have lived there 12 months or at least one has lived there 24 months (§ 1946.2(a)). Some units are exempt, including newly built housing and certain owner-occupied or single-family housing; the exemptions in § 1946.2(e) carry their own written-notice requirements, so read them against your property before you rely on one.

Just Cause Categories

Relocation Assistance (§ 1946.2(d))

When you end a tenancy for a no-fault just cause, you provide relocation assistance equal to one month of the tenant’s current rent, or you waive the final month’s rent in writing. The statute sets the timing: assistance is due within 15 calendar days of serving the notice. For an owner move-in, the person you name must move in within 90 days of the tenant leaving and live in the unit for at least 12 consecutive months.

3. The Narrow 30-Day Exception for Property Sales (§ 1946.1(d))

You may serve 30 days of notice instead of 60 on a tenant who has lived in the unit for a year or more only when every one of these conditions is met:

1. Separate title: The dwelling is alienable separate from the title to any other dwelling unit, such as a single-family home or a condominium.
2. Contract and escrow: You have contracted to sell to a bona fide purchaser for value, and escrow has been established.
3. Natural-person buyer: The purchaser is a natural person or persons, not a corporation or LLC.
4. Owner-occupancy intent: The purchaser in good faith intends to live in the property for at least one full year.
5. Timing: You serve the notice no more than 120 calendar days after escrow was established.
6. First notice: You have not previously given a notice under this section.

If one condition is missing, the 60-day period applies. Check separately whether § 1946.2 reaches your unit, because the sale exception shortens the notice period and does not by itself answer the just cause question.

4. Computing the Notice Period and Service Rules

Three counting rules decide the date your notice ends:

• Day of service is Day 0 (CCP § 12). The day you hand over or mail the notice does not count toward the 30 or 60 days.
• Service by mail adds 5 calendar days (CCP § 1013(a)). When you serve by mail within California, add 5 days to the statutory period, which gives you 35 or 65 days. Personal delivery avoids the extension.
• The end date can fall mid-month. A 30-day or 60-day notice does not need to line up with the first of the month. You pro-rate rent through the last day of the notice period.

5. Comparison: 30-Day vs. 60-Day Notice Requirements

What This Guide Does Not Cover

This guide covers 30-day and 60-day periodic tenancy terminations under California Civil Code § 1946.1 and § 1946.2. It describes what the statutes say as of the check date above and does not predict how a court will rule on your facts.

It does not cover:

• 3-day notices to pay rent or quit under CCP § 1161(2).
• Expiration of fixed-term leases where renewal was declined by either side.
• Local eviction ordinances with stricter notice or relocation rules, such as those in Los Angeles, San Francisco, Oakland, and Berkeley.
• Commercial tenancies.