On this episode, we’re going to go over the basics of a Notice to Terminate Tenancy. Remember, this and most of the California notices and forms are available in the free eviction notices section of our website.
This information is only for residential rental properties. This letter or notice is used when the landlord of a residential rental property has decided to terminate a month-to-month lease agreement and asks the tenant to vacate the rental property.
A 30 day notice is used when all tenants have resided on the property for less than a year. A 60 day notice is required when the tenants have lived at the property for a year or more. A 90 day notice may be needed for tenants that receive Section 8 assistance.
Here are some things to keep in mind
A 30 or 60 day notice doesn’t have be served at the beginning of the month. It can be served on any day of the month keeping in mind that the expiration date of the notice begins one day after serving.
If it is served in the middle of the month, the tenant still needs to pay rent for the part of the month they were there. Be very careful not to take any rent amount that covers days after the expiration of the notice or it voids the notice and you must start over again.
The length of residency is determined how long the tenant has lived on the property, not how long the landlord has owned it. If a landlord purchased the property in question 6 months ago, but the tenant has lived on the property for 4 years, the landlord must serve a 60 day notice.
You cannot end a tenancy for an illegal reason such as retaliation, discrimination or for any reason that violates a law.
So what does this type of notice look like? Let’s go over some key parts this notice should contain.
First off, the notice needs to be in writing.
The title must state whether it’s a “30 or 60 Day Notice to Quit.”
You must state the name of all tenants residing on the premises.
The notice has to mention the complete address of the rental property.
It has to say the lease will end or terminate in 30 or 60 days.
You must date and sign the notice.
We recommend checking with an eviction attorney for more specific details.
Once the notice has been printed and signed, you may proceed to serve the notice by personally serving it to an adult, sub serving it to a person of at least 18 years of age not listed on the lease or posting a copy on the front door and mailing a certified copy of the notice. Don’t forget to fill out your declaration of service!
The next step is to wait and see how the tenant responds. If he or she decides to move out, the process is over. If the tenant decides to stay, you can then continue with the eviction process and file an Unlawful Detainer.
Bonus tip!:If the tenant does not pay the rent owed when it is due during the notice, you may serve a 3 day notice to pay rent or quit and start the eviction if they don’t pay it within the 3 days.
Keep in mind that if you need any help with this or any other form or procedure, please call us for a free consultation.