§2.03 Thirty-Day or 60-Day Notice

When a landlord wishes to terminate the tenancy of an indefinite term tenant who hasn’t breached any covenants of the rental agreement, the landlord must use a 30-day or (starting January 1, 2007) 60-day notice to terminate. Both of these notices allow a landlord to terminate a tenancy without cause.

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A residential tenant who has resided on the premises for one year or more is entitled to a 60-day notice. [CC §1946.1(b)–(c) (eff. 1/1/07).] A residential tenant who has resided on the premises for less than one year or any commercial tenant is entitled to a 30-day notice. [CC §§1946, 1946.1(c).] Parties to a commercial lease may agree to different notice requirements. [See §5.05.]

Like the 3-day notice, a 60-day or 30-day notice to terminate must be in writing. [CC §1946.]

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