30-60 Day Notice To Vacate
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What is a 30-60 Day Notice to Vacate in California?
A landlord can use a 30 Day Notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord is required to use a 60 Day Notice in California if the tenant has been renting for a year or more and the landlord wants the tenant to move out.
The letter is exactly the same form with the only difference being the amount of time required by law before a tenant is required to be out based upon how long they have been a tenant.
It is not until the expiration of the 30 or 60 days after the letter has been served that an Unlawful Detainer Lawsuit may be filed against the tenant in court to get a judgment that can be legally enforced by a sheriff.
Landlords are prohibited by law from any "Self-help" do it yourself evictions without a court judgment and a peace officer doing the final tenant lockout. Legally serving this letter is often the first step initiating the removal of the tenant under the California Eviction Process.
Most evictions begin by serving either a 3 Day, 30 Day or 60 Day letter stating tenancy is formally ended on the specified date.
A landlord 30-60 Day Notice to Vacate can be served in California for either “cause” – which means the tenant has done something that is in violation of the rental contract like not paying rent or allowing another tenant who is not named on the rental contract to move in that caused the eviction procedure to begin – or “without cause” where the eviction was not the result of the tenant’s action.
For example, if a landlord would like to get his rental unit back to have a relative move in, this would be considered without cause because there was no action on the part of the tenant which caused the eviction to go forward.
In most instances this would be the eviction letter to use for evictions without cause. However, its use for evictions without cause can be limited in cities with rent control where the reasons for the legal grounds for eviction must be stated that are crucial to understand before serving the notice or face serious violations of rent-control city ordinances in California.
Most evictions are for “cause” – which means they are the result of some violation of the rental agreement by the tenant such as not paying rent. In these instances, the landlord is required to first serve the tenant with a 3 Day Notice in which the tenant is warned they are in breach of the rental agreement and they must take action within 3 days or have further legal action taken against them.
3 Day Notices are to initiate evictions for cause and they take different forms.
Some allow for correction of the issue like a 3 Day Notice to Cure or Quit warning the tenant that they must correct a breach of the rental agreement or their tenancy will be ended. For example, a dirty tenant whose junk is negatively impacting others and are required to clean-up their mess or quit the tenancy. Or a 3 Day Notice to Pay Rent or Vacate gives the tenant the option to pay rent and they can stay.
Other violations of the rental agreement are not correctable, like a 3 Day Notice to Vacate that can be served for illegal activity on the property like selling drugs and they are required to leave or face legal action to remove them. In either case, if these letters are ignored, the landlord can then start the Unlawful Detainer process in court. What are the Reasons for Eviction?
On the other hand, a 30-60 Day Notice to Vacate may - or may not be for cause. It may be due to the landlord reclaiming the property for a condo conversion where that is allowed which would not be for cause on the part of the tenant.
Whether or not the 30-60 Day Notice is or is not for cause – and only in rent-controlled cities does the reason for the eviction be required to be stated with this form - it sets the clock in motion as to when tenancy is formally ended and an Unlawful Detainer action may be filed in court to get the tenant legally removed by a sheriff.
In non rent-controlled cities, you usually do not have to give a specific reason for eviction with this letter.
In rent-controlled cities however, a landlord cannot cancel a month-to-month tenancy for just any reason. The landlord must find out if the unit is in a rent-controlled city, and if so, whether he or she has the right to evict the tenant.
More than a dozen cities in California are now rent-controlled including Alameda, Berkeley, Beverly Hills, East Palo Alto, Hayward, Los Angeles, Los Gatos, Mountain View, Oakland, Palm Springs, Richmond, San Francisco, San Jose, Santa Monica and West Hollywood.
Each city has its own regulations, but the primary way rent control impacts the use of a landlord 30-60 Day Notice to Quit is around the issue of tenant rights, what are the legally recognized grounds for eviction with or without cause, and requirements to state the specific reason for the eviction.
For example, in Los Angeles there are very specific Reasons for Eviction Under LARSO that must be understood and followed before serving the letter or the landlord can be liable for serious violations of the law that would not be an issue in cities that were not rent-controlled.
If the rental agreement is under a Section 8 Housing Authority contract or in a local jurisdiction that requires the eviction to be for good cause, the removal of a tenant will require a reason.
If your property is under rent control it is advisable for you to contact an attorney for the specific requirements of rent control in your city.
There are different rules for using these forms depending upon whether the tenancy is month-to-month or a fixed-term lease. A fixed-term lease has a definite start and termination date. Six, twelve or fifteen month fixed-term leases are common.
While most month-to-month rentals renew automatically because there is no stated end date, when the expiration date occurs with a fixed-term lease, unless there is a renewal clause the lease does not automatically renew unless you agree to it.
Landlords must honor the lease agreement and may not end a fixed-term lease before the end of the term without cause. However, after the end of the lease if the lease is not renewed it may convert to a month-to-month tenancy which leaves the landlord able to ask the tenant to leave at will.
If it is your intention for the tenant to leave at the end of the lease term, if the lease was for a year or more, a 60 Day Notice to Quit can be served two months prior to the end of the lease period so the termination date of tenancy is the same as the end of the lease term.
Yes. Tenants are responsible for paying rent up to the date that it expires, which is the formal end of tenancy. However, rent may not be requested for time after the expiration of the tenancy. Court judgments for collection of unpaid rent during this period may be obtained as part of the Unlawful Detainer action if owed and not paid in full.
Yes. Commercial leases differ from residential leases in that you have to make sure if you are naming a corporation or LLC, that you serve the right person or agent for that corporation or LLC.
Another important difference between a commercial and a residential lease are that once a notice is filed you can accept payment of rent during the eviction process, so long as it does not exceed the amount in the letter you served them with – and so long as you serve them with the correct commercial notice. With residential leases, you cannot accept payment after without jeopardizing your case.
For more information on Eviction Notices for Commercial Tenancies
- The notice must be in writing
- Say the full name of the tenant or tenants
- Have the address of the rental property
- Say that the month-to-month tenancy will end in either 30 or 60 days depending upon the length of their tenancy.
- Day Notice to Vacate, or in 60 days if he or she is giving a 60 Day Notice to Vacate
In rent-controlled cities, the reason for legal grounds for eviction usually needs to be stated
- Be signed by the landlord or his or her agent and state the date of the letter
- You can use the printable PDF template on this page
- It must be legally served
Landlords serving the right notice is the critical first step beginning the California Eviction Process so you can legally file an Unlawful Detainer complaint without it being thrown out of court on a procedural basis and having to restart the process costing you more time and money.
Fast Eviction Service provides you with these Free Sample Printable California Eviction Notice Templates and Letters to help you protect your landlord rights.
We are here to help! Call us at (800)686-8686 or email us at firstname.lastname@example.org. We can assist you in filling out this free eviction form and answer any questions you may have about our tenant eviction services.
Free Printable 30-60 Day Notice to Vacate
California Sample Eviction Template Below
30/60 DAY NOTICE TO VACATE CIVIL CODE 1946.1
_______ 30 Days from the date of service of this notice (for tenancies less than one year) _______ 60 Days from the date of service of this notice (for tenancies one year or more) Tenant: ______________________________________________________________ and/or all other persons in possession fo the premises described as: Street Address: _______________________________________________________ City: ________________________ California, _____________________________ TO TENANT(S) AND ALL OTHER PERSONS IN POSSESSION: YOU ARE HEREBY NOTIFIED that the tenancy under which you occupy the premises shall end 30/60 days after the date of the service of copy of this notice upon you, and you are required to quit and deliver up possession of the premises to the undersigned on or before that date. IF YOU FAIL TO DO SO, legal proceedings will be instituted against you for possession of the premises, for forfeiture of the rental agreement and for such monetary damages as may be allowed by law. "State Law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out" DATED: ____________________ ____________________________ Owner/Agent Contact at: ____________________________ ____________________________ If You Have Any Questions Call Us at (909) 889 2000 Form Courtesy of Fast Eviction Service