Notices to vacate for periodic tenancies
In a month-to-month residential tenancy, the tenant may terminate the tenancy at any time with a 30-day notice. When the tenant has occupied the property for less than one year, the landlord may also terminate the agreement on 30 days’ notice.
However, when the tenant has occupied the property for one year or longer, the landlord may not terminate the rental agreement with a 30-day notice. Instead, the landlord must serve the tenant a written 60-day notice to vacate. [Calif. Civil Code §§1946 and 1946.1; see first tuesday Form 569-1]
Further restrictions for terminating a residential tenancy apply to residential properties located in rent control communities. To comply with local rent control ordinances, the landlord may not arbitrarily evict the tenant. Instead, he must provide a good cause condition (such as a material breach of the rental agreement) as the reason for terminating the tenancy. [Mitchell v. Poole (1988) 203 CA3d Supp. 1]
first tuesday Form 551, the Month-to-Month Residential Rental Agreement, has been updated to reflect the 60-day standard for landlords. Previously, the form addressed notice requirements for terminating a periodic tenancy with possession for less than one year. Now, the form addresses both types of periodic tenancies: those less than one year, and those one year or longer.
The revised provision reads:
Tenant may terminate this agreement on 30 days’ written notice. Landlord may terminate this agreement on 30 days’ written notice if Tenant occupied the property for less than one year, or 60 days’ written notice if Tenant occupied the property for one year or more. [See first tuesday Form 551]
Download the updated rental agreement from your Student Homepage at www.firsttuesday.us or click here.
