California Notice to Vacate: Notice Periods and Rules

In California, tenants give at least 30 days written notice to end a month-to-month tenancy, and landlords give at least 30 days and usually need a legal reason. For unpaid rent, the notice period is 3 days, not counting weekends and court holidays. The details, exceptions and statute citations are below.

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California notice periods at a glance

Tenant ending a month-to-month tenancy30 days
Cal. Civ. Code § 1946; § 1946.1(b)
Landlord ending a month-to-month tenancy30 days (a legal reason is usually required)
Cal. Civ. Code § 1946.1(c)
Longer tenancies and special cases60 days if every tenant has lived in the unit 1 year or more (Cal. Civ. Code § 1946.1(b)); 30 days if any tenant has been there less than a year, or in certain sales to an owner-occupant buyer (§ 1946.1(c)-(d)). Separately, once tenants have occupied 12 months, covered units need a just cause under § 1946.2.
Notice for unpaid rent3 days, not counting weekends and court holidays
Cal. Civ. Proc. Code § 1161(2)
End of a fixed-term leaseA fixed-term lease ends on its end date without notice from the tenant unless the lease requires it, but for units covered by Civ. Code § 1946.2 the landlord cannot simply decline to renew after 12 months of occupancy without a just cause.
How notice can be deliveredPersonal delivery; substituted service (leave with a person of suitable age at home or work AND mail); or post-and-mail if neither works (Cal. Civ. Proc. Code § 1162). Termination notices under Civ. Code §§ 1946 and 1946.1 may also be sent by certified or registered mail. Landlords may not charge a fee for serving notices.

Under the Tenant Protection Act (AB 1482, as amended by SB 567, Cal. Civ. Code § 1946.2, in force until 1 Jan 2030), after 12 months of occupancy a landlord of a covered unit may only end the tenancy for an at-fault or no-fault just cause stated in the notice; no-fault terminations require one month's rent relocation assistance or a rent waiver. Exempt: e.g. housing under 15 years old, owner-occupied duplexes, and single-family homes/condos not owned by a corporation or REIT if the lease contains the required exemption notice.

The 3-day pay-or-quit excludes Saturdays, Sundays and judicial holidays. Many cities (Los Angeles, San Francisco, Oakland, San Jose and others) have stricter just-cause and relocation rules that override the state minimum. Government-subsidized (e.g. Section 8) tenancies need 90 days' notice (Civ. Code § 1954.535).

What a California notice to vacate should include

  • The names of every tenant on the lease and the full address, including unit number
  • The date you are giving the notice and the date the tenancy ends
  • A move-out date that gives at least the minimum notice above, counted from the day the notice is delivered
  • For unpaid rent: the exact amount owed and how to pay it
  • Your name, signature and contact details
  • A record of how and when you delivered it (keep a copy)

Many month-to-month notices must also end on the last day of a rental period, so if rent is due on the 1st, the safest move-out date is the end of a month. Giving more notice than the minimum is fine; giving less usually makes the notice invalid.

California notice to vacate FAQ

How much notice does a tenant have to give in California?

For a month-to-month tenancy, at least 30 days in writing (Cal. Civ. Code § 1946; § 1946.1(b)). If you have a fixed-term lease, check the lease: it may require notice before the end date or renew automatically.

How much notice does a landlord have to give in California?

To end a month-to-month tenancy without a specific reason, at least 30 days (Cal. Civ. Code § 1946.1(c)). 60 days if every tenant has lived in the unit 1 year or more (Cal. Civ. Code § 1946.1(b)); 30 days if any tenant has been there less than a year, or in certain sales to an owner-occupant buyer (§ 1946.1(c)-(d)). Separately, once tenants have occupied 12 months, covered units need a just cause under § 1946.2. Under the Tenant Protection Act (AB 1482, as amended by SB 567, Cal. Civ. Code § 1946.2, in force until 1 Jan 2030), after 12 months of occupancy a landlord of a covered unit may only end the tenancy for an at-fault or no-fault just cause stated in the notice; no-fault terminations require one month's rent relocation assistance or a rent waiver. Exempt: e.g. housing under 15 years old, owner-occupied duplexes, and single-family homes/condos not owned by a corporation or REIT if the lease contains the required exemption notice.

What is the notice period for unpaid rent in California?

The tenant gets 3 days, not counting weekends and court holidays to pay or move out (Cal. Civ. Proc. Code § 1161(2)). If the tenant does neither, the landlord can file an eviction case; only a court can order the tenant out.

How do you deliver a notice to vacate in California?

Personal delivery; substituted service (leave with a person of suitable age at home or work AND mail); or post-and-mail if neither works (Cal. Civ. Proc. Code § 1162). Termination notices under Civ. Code §§ 1946 and 1946.1 may also be sent by certified or registered mail. Landlords may not charge a fee for serving notices.

Do I need to give notice at the end of a fixed-term lease in California?

A fixed-term lease ends on its end date without notice from the tenant unless the lease requires it, but for units covered by Civ. Code § 1946.2 the landlord cannot simply decline to renew after 12 months of occupancy without a just cause.

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Sources

Checked October 2026. Laws change, and cities can add their own rules. This page is general information, not legal advice.

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