30 vs. 60 Days in California: The Landlord’s Guide to Ending a Month-to-Month Tenancy - Fast Eviction Service

30 vs. 60 Days in California: The Landlord’s Guide to Ending a Month-to-Month Tenancy

As a landlord in California, knowing when you must serve a 30-day notice and when a 60-day notice is required can make the difference between a smooth transition and a costly delay. Whether you’re managing a property in Los Angeles County, Orange County, or anywhere else in the state, understanding the rules around ending a month-to-month tenancy is critical. This article breaks down exactly when each notice applies, how to draft and serve it, what local overlays you must check, and how to avoid common missteps—so you can proceed confidently.

Key Takeaways

  • A 30-day notice to vacate is generally required when a month-to-month tenant has resided less than one year.
  • A 60-day notice to vacate is required when the tenant has been in the unit for twelve months or more.
  • Proper service methods (personal, substituted + mailing, posting + mailing, certified mail) must be followed to maintain enforceability.
  • Local rent-control jurisdictions and the Tenant Protection Act of 2019 (AB 1482) impose additional just-cause and relocation assistance requirements—check your jurisdiction before serving.
  • Counting the notice days correctly is essential—start the count on the day AFTER service, and if the last day falls on a weekend or holiday, the deadline moves to the next business day.

Table of Contents

When Can California Landlords Use a 30-Day Notice?

For a landlord seeking to terminate a month-to-month tenancy, the rule is clear: if the tenant has occupied the rental unit for less than one year, a 30-day notice to vacate can be served.

Practically speaking: If Tenant A moved in on March 15 2024 and the landlord wishes to end the tenancy on March 15 2025, the landlord may serve a notice on or after February 14 2025 that gives 30 calendar days.

This rule applies only when the tenancy is on a month-to-month basis (not a fixed-term lease that still has months remaining). The landlord may proceed without stating a cause (unless local just-cause laws apply).

Because this notice terminates the tenancy and is not by itself an eviction, the landlord does not file an unlawful detainer until the notice period ends and the tenant remains. It is simply the first step in gaining possession.

When You Must Use a 60-Day Notice Instead

When the tenant has remained in the unit for 12 months or more, the law requires a 60-day notice to vacate.

For example, if Tenant B started a month-to-month tenancy on September 1 2023, and by September 1 2024 has been residing continuously, then any termination from that date forward requires a 60-day notice.

Landlords who serve only 30 days in this scenario risk a court rejecting the notice and delaying the possession process.

Note that local ordinances, especially in rent-control cities, may require even longer notices or additional protections. Always check city and county rules.

AB 1482: Just-Cause & Relocation Overlay (If Covered)

Under California’s Tenant Protection Act (AB 1482), if the rental unit is covered (generally: non-exempt properties, tenant has lived more than 12 months), landlords must provide just cause for termination and, in many no-fault scenarios, relocation assistance equal to one month’s rent or a waiver of the last month’s rent.

Key points landlords should check:Is the property exempt (single-family home owned by an individual, certain new construction, etc.)?

  • If covered, is the termination for cause (tenant breach) or no-fault (owner move-in, removal from market, etc.)?
  • If no-fault, ensure the notice contains the relocation amount or waiver, and that timing meets state/local rules.
  • Even when a 30- or 60-day notice is valid under general law, failure to comply with AB 1482 causes serious liability (actual damages, attorney fees, treble damages in some cases).
  • For landlords in Southern California, local overlays (e.g., Los Angeles City, West Hollywood, Santa Monica) may further require higher relocation, separate filings, or additional tenant protections.

Drafting a Compliant 30-Day Notice (Checklist for Landlords)

When preparing your written termination notice, ensure the following are included:

  • Tenant’s full name(s) exactly as on lease
  • Rental property address and unit number
  • Clear statement: “You are hereby provided thirty (30) calendar days’ notice to vacate the premises, and you must surrender possession no later than [date].”
  • Date the notice is served
  • Signature and printed name of landlord or authorized agent
  • If serving a 60-day notice, indicate “sixty (60) calendar days’ notice” accordingly
  • If AB 1482 applies and this is a no-fault termination: include the relocation assistance statement (one month’s rent or last month’s rent waiver)
  • Optional but best practice: specify manner of service, forwarding address for security deposit, and reference to the month-to-month tenancy

Leaving out any critical element may render the notice unenforceable and delay possession.

Fast Eviction Service has a full staff of eviction specialists on standby ready to help you draft your 30 or 60 day notice.

Serving the Notice: Methods that Survive Court Scrutiny

Proper service is as important as the notice content. Under California law the acceptable methods include:

  • Personal delivery to tenant (highest standard)
  • Substituted service: leaving a copy with a competent adult at the unit and mailing a copy to the tenant at the same time
  • Posting and mailing: posting the notice in a conspicuous place on the premises and mailing a copy; typically used when other methods fail
  • Certified mail/return receipt is strongly recommended for documentation.

Record-keeping tip: Maintain a service log (who served, method, date/time, signature if applicable), keep a copy of the notice, and retain proof of mailing. These records will support an unlawful detainer if needed.

How to Count the 30 (or 60) Days Correctly

Counting the notice period correctly is vital to avoid invalidation:

  • The day the tenant receives the notice is Day 0; counting begins on the next calendar day.
  • Use calendar days, not business days.
  • If the last day (day 30 or day 60) lands on a Saturday, Sunday or legal holiday, move the deadline to the next business day.
  • Example for a 30-day notice: Notice served on April 10 → Day 1 = April 11 → Deadline = May 10 (if May 10 is business day).

Failing to count correctly may render the notice defective and force the landlord to re-serve, costing time and money.

Local Overlays to Watch (Examples for Southern California Landlords)

When managing properties across Southern California, keep these local overlays in mind:

  • Los Angeles County: Confirms the 30/60 rule but also handles exceptions when a house is sold and escrow opens and new owner intends to occupy.
  • Rent-Control Cities (e.g., Los Angeles City, West Hollywood, Santa Monica): May require just-cause eviction even for long-term tenants and higher relocation amounts. Landlords must check with the local rental board.
  • Affordability/Assisted Units: Units subject to Section 8 or other subsidy may require 90-day notice under federal law (regardless of state law).

Before serving a notice, always verify whether local city/county ordinance applies (e.g., additional forms, filings, or separate local relocation requirements). Failure to comply can invalidate the notice and expose you to damages.

After the Deadline: From Notice to Unlawful Detainer (UD)

If the tenant does not vacate by the end of the notice period, the landlord may initiate an unlawful detainer (UD) lawsuit. Key steps:

  • Confirm that the notice (30- or 60-day) was valid (correct length, served properly, counted correctly)
  • File the UD complaint, serve the tenant with summons/complaint
  • Tenant has opportunity to answer; if no answer, landlord may seek default judgment
  • After judgment, sheriff lock-out may occur, and landlord gains possession

Missing any step or serving an invalid notice exposes you to delays and increased cost.

Frequent Landlord Mistakes (and How to Avoid Them)

  • Serving a 30-day notice when the tenancy tenure required 60 days (tenant >12 months). This can delay your ability to regain possession.
  • Improper service (e.g., posting without mailing, missing certified mail proof).
  • Ignoring AB 1482 and local rent-control overlays (e.g., failing to offer relocation assistance).
  • Mis-counting days (starting on service date, not next day).
  • Serving a termination notice in a fixed-term lease still active without checking the term— ending a fixed-term lease early may trigger different rules.

Avoid these by following checklist, documenting service, and validating tenure and local rules.

FAQ (Landlord-Oriented)

Can I switch from a 30-day to 60-day notice mid-stream if I discover the tenant has been there over 12 months?
Yes, if you served a 30-day notice but the tenancy tenure triggered a 60-day requirement, you should re-serve a valid 60-day notice to avoid your case being dismissed.

Do I need a reason to serve a 30- or 60-day notice?
Under state law for month-to-month tenancies, you don’t need to state a cause for termination unless local just-cause laws (e.g., under AB 1482 or local rent-control) apply.

What happens if the tenant pays rent after I serve the notice?
Accepting rent after the termination date may be seen as renewing the tenancy. Document carefully and consider the effect on your timeline.

Conclusion

By understanding and correctly applying the 30-day vs. 60-day notice rules, drafting your notice with all required elements, serving it in a compliant manner, counting days accurately, and checking for AB 1482 or local overlays, you as a landlord in California can proceed confidently and efficiently. Good documentation and process adherence are your best tools to avoid delays, disputes and additional costs.

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