Choosing between a 30-day and 60-day notice seems simple, but using the wrong one can invalidate your entire eviction. Here’s the rule.
The Basic Rule
California Civil Code § 1946.1: – 30-day notice — Tenant has lived there less than 1 year – 60-day notice — Tenant has lived there 1 year or more
That’s it. The deciding factor is how long the tenant has occupied the property.
The Exceptions
Just Cause Eviction Changes Everything
Under AB 1482 and local rent control ordinances (like LA’s LARSO), landlords of covered properties cannot use a no-cause 30-day or 60-day notice to terminate a month-to-month tenancy for tenants who have lived there 12+ months.
You must have just cause — a legally valid reason such as:
At-fault reasons (where tenant is at fault): – Nonpayment of rent (use a 3-day notice instead) – Lease violation – Nuisance – Illegal activity – Refusal to sign a new lease with similar terms
No-fault reasons (not tenant’s fault): – Owner or family member move-in – Substantial renovation – Withdrawal from rental market (Ellis Act) – Government order to vacate
No-fault reasons require relocation assistance (typically 1 month’s rent under AB 1482, potentially more under local ordinances).
Properties Exempt From Just Cause
If your property is exempt from AB 1482, you can still use a no-cause 30 or 60-day notice. Common exemptions: – Single-family homes not owned by a corporation (with proper notice to tenant) – Condos not owned by a corporation – Buildings less than 15 years old – Owner-occupied duplexes
What the Notice Must Say
Your 30-day or 60-day notice must include: 1. Tenant’s name and address 2. Statement that the tenancy will terminate in 30 or 60 days 3. The date by which the tenant must vacate 4. If subject to AB 1482: the specific just cause reason and relevant code section 5. If no-fault under AB 1482: notice of right to relocation assistance 6. Landlord’s name and contact information 7. Date of notice
How to Count the Days
- Day 1 is the day after service
- Count calendar days (including weekends and holidays)
- The termination date should coincide with the rent due date (typically the 1st of the month) when possible
- Allow a few extra days beyond the minimum to avoid any counting disputes
Common Mistakes
- Using a 30-day notice for a tenant who has been there 12+ months (must be 60 days)
- Using any no-cause notice for a tenant protected by just cause eviction
- Not stating the just cause reason when required by AB 1482
- Not offering relocation assistance for no-fault evictions
- Wrong dates or mathematical counting errors
How Superior Court Docs Can Help
Choosing and preparing the right notice is crucial. Superior Court Docs ensures your notice complies with California law AND applicable local ordinances.
📞 (213) 973-7248 or get started. Eviction documents starting at $899.
Related: The Complete Guide to California Eviction | 3-Day Notice Guide | Eviction Timeline
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