What Type of Notice Do I Need to Give My California Landlord?

Tenants, you also might have just had enough of the dogs barking and babies crying and want to move elsewhere. Aside from what’s in your lease, you will generally be required under California law to give notice to the landlord. Here’s a rundown of what the general rules are (though you must consult an attorney for applicability of these rules to your particular situation).

California Civil Code §1946 requires that you give the same amount of notice as the time between required rent payments. For example, if you had a one-year lease that required monthly rent payments, and after that one year is up you want to move out, and your lease has become a month-to-month periodic tenancy, you will need to give your landlord at least 30 days written notice of your intent to vacate. If you pay rent every week, then you must give at least seven days’ notice. The notice should be written and indicate the date you will to vacate. Keep a copy for yourself!

Leases may require more or less notice so check your lease for special terms. Don’t forget you still must pay rent for the full period covered by your notice even if you rent is normally due on the 1st and you serve notice on the 9th. You will need to pay through the following 9th day of the month.

It is best to hand deliver the notice to the person and address indicated in your lease for rent payments. If you cannot hand deliver the notice, mail the notice via Certified Mail to your landlord or property manager or other agent as indicated in your lease and the notice will be deemed made as of the date of postmark under Civil Code §1962(f).

Also, if you serve notice to your landlord and you do not move out in 30 days, the landlord could pursue eviction against you. So, make sure you are all set to leave when you serve the 30 day notice.

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