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California’s 30 Day Notice-to-Vacate Law: Landlord and Tenant Rights

California’s 30 Day Notice-to-Vacate Law: Landlord and Tenant Rights

The eviction process in California can be confusing for tenants and landlords. Landlords need to know if they’re legally required to give notice and how far in advance the notice needs to be provided. Tenants also need to understand their rights and the impact of recently passed laws. Evictions have complicated rules you must follow, and any mistakes made in the details of your paperwork can invalidate the process.

If you’re dealing with an eviction notice or other landlord-tenant dispute, you may need to hire a landlord and tenant attorney. The attorneys at Marinaccio Law are experienced in handling all sides of evictions and disputes. We understand how the newest laws in California affect tenant and landlord rights and can help you navigate the eviction process.


The Eviction Process in California

In California, landlords must file a 60 or 30-day notice to vacate letter before moving forward with an eviction. The notice of termination gives their tenant time to move out or deal with a dispute. If the tenant doesn’t vacate the property after this time, landlords may start the eviction process. In California, eviction actions are called unlawful detainer cases in court.

Under state law, a landlord must give their tenant at least 30 days’ notice that they need to move out and specify when their tenancy will end. In California, 30-day notice to vacate the rental property is permitted for tenants that have lived in properties for less than a year or have a month-to-month tenancy agreement. In California, a 60-day notice to vacate is required for tenants residing for a year or more at the property.


Reasons for Termination

A California residential lease agreement may be terminated for a number of reasons. The tenant may have engaged in unwanted behaviors or broken the terms of their lease. Or the property owner or landlord may decide to make changes in how the unit will be used.

No-Fault Just Cause Termination

These causes of termination occur when changes are planned for the property and include:

  • The property owner decides to stop renting their unit
  • The unit is being remodeled or sold
  • The owner or their family wants to occupy the unit
  • The building is being demolished

At Fault Just Cause for Termination

The tenant is responsible for the actions that lead to at-fault terminations. Tenants receive a notice of termination if:

  • They fail to pay their rent
  • They’re engaged in criminal activity on the property
  • They use the property for any other unlawful behavior
  • They’re in breach of the terms stated in their lease
  • They allow or participate in acts of nuisance

Your Rights as a Tenant

California passed the Tenant Protection Act, which took effect in January 2020 and gives tenants more rights. Under this law, landlords are now prohibited from terminating a tenancy without just cause if the tenant has continuously and legally resided there for a minimum of 12 months.

The bill also requires that landlords give notice of any violations and give their tenants time to correct the violations before moving to the termination.

Tenants also have the right to assistance when no-fault just cause terminations occur. Landlords have several options for providing assistance to their tenants:

  • Helping tenants relocate, regardless of their income level
  • Waving the tenant’s last month of rent before their bill is due
  • Giving their tenant a payment that is equal to one month’s rent

If your landlord fails to provide assistance, the notice of termination becomes void. Landlords are required under this law to provide their tenants with a notice of their tenant rights.

Your Rights as a Landlord

In California, landlords may terminate a lease agreement with or without just cause. Termination without cause is permitted for landlords who do not want to renew a lease and some rental agreements.

Landlords are allowed to end a month-to-month tenancy without giving cause but are still required to give 30-days notice. For fixed-term tenancies, landlords can’t terminate the tenancy without cause until the term of their lease agreement ends.

Landlords may use just cause termination to protect their rights. If your tenants fail to pay their rent, break their lease agreement, or cause damage to the property, you can terminate their tenancy and force eviction quickly.

Three-day notices are used to settle these matters quickly. A landlord lawyer can help you understand your rights and access to your property if you have just cause for termination of your tenants.

FAQs

When can a landlord give a 30-day notice in California?

A 30-day notice to vacate is used when landlords wish to terminate month-to-month rental agreements or longer-term agreements if the tenant has lived in the property for less than one year. If the tenant has lived at the property for 12 months or longer, the landlord must provide a 60-day notice to vacate letter.

Does a tenant have to give a 30-day notice in California?

Tenants have to give a 30-day notice to their landlords in California to end their month-to-month rental agreement. Your rental agreement may have specific requirements about giving notice, such as providing notice by the first of the month or another specified time frame.

How Marinaccio Law Can Help

The processes of termination and eviction in California aren’t straightforward. If you need help with a termination notice or an unlawful detainer case, work with a landlord attorney at Marinaccio Law. We help tenants and landlords resolve disputes and guide you through the eviction process. Contact us today for a consultation.

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