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60 day Notice to Vacate

Give Proper Notice Before Moving Out: California’s 60-Day Notice to Vacate for Tenants

Are you a renter in California getting ready to move? Giving proper notice before you leave is essential. Read this guide on California’s 60-day notice to vacate law to make sure you avoid problems.

60 day Notice to Vacate California

What Exactly is a 60-Day Notice to Vacate?

A 60-day notice to vacate is a written notice that tenants submit to their landlord stating they plan to move out of the rental unit. This gives the landlord 60 days’ advance warning that the tenant is ending their lease or rental agreement.

California law requires all monthly tenants without a lease to give 60 days notice before moving. The notice allows landlords time to find another renter and transition the property.

When Do I Need to Give 60 Days Notice in California?

If you are a monthly tenant renting under an oral or written agreement without a specified move-out date, you must give 60 days notice in writing before moving out. This includes:

  • Month-to-month oral rental agreements
  • Expired fixed-term leases that have converted to month-to-month

Exceptions may include:

  • You have a lease with a specified end date – Then you would follow the move out terms in your rental contract.
  • You live in a rent-controlled jurisdiction with different rules – Some cities have 30-day notice requirements instead.

The key is monthly, open-ended agreements require 60 day notice in California.

What Happens If I Don’t Give Proper Notice?

If you move out without giving full 60 day notice, the landlord can sue you for extra rent. You may have to pay for the 60 days of rent even after vacating the unit.

Additionally, failing to give notice hurts your rental history. This can make it harder to rent another place later.

What Format Does the Notice Have to Be In?

California law does not require a specific 60 day notice form. However, the notice MUST:

  • Be in writing
  • Include the date it was written
  • Provide your name
  • State the exact date you plan to move out

Some landlords provide notice forms. But a handwritten letter with the required info works too.

Just make sure you give the notice to the landlord or property manager directly. Never assume mailing it is enough.

60 day Notice to Vacate California

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Tips For Providing 60 Days Notice in California

Follow these tips to make sure you handle the 60 day notice properly:

Give notice 60 full days before you leave – Notice starts the day AFTER you give it. So if you plan to be out on May 31st, give notice by April 1st.
Include the date in writing – Having the date in writing prevents confusion over when the 60 days start counting down.
Make a copy – Keep a photocopy of the notice and record the date and person you gave it to for documentation.
Send it certified mail too – Sending it certified provides further legal proof that you gave appropriate notice.
Move by the date – Make sure to fully move out by the date stated in your 60-day notice, or you could still face fees.

Can I Give Notice Early? Do I Have to Stay the Full 60 Days?

Yes, you can give 60 day notice early if you know your planned move-out date. California just requires AT LEAST 60 days.
You do NOT have to stay in the rental for the full 60 days after submitting notice. You can move out anytime after providing a proper 60-day written notice.
The key is that notice needs to be given at least 60 days before moving out. You just can’t suddenly decide to leave in 30 days, for example.

What If There Are Still 60+ Days Left in My Fixed Term Lease?

If you have an unexpired fixed-term lease with over 60 days left, you typically can’t use the 60-day notice.
Instead, you would either:

  • Sublet the unit – If your lease allows subletting
  • Pay fee to break lease – Fees/terms for early termination may be outlined in your lease
  • Talk to your landlord – Discuss options for leaving early without penalties

If there are less than 60 days remaining on a fixed-term lease, then giving 60 days notice is fine.

What If I’m in the Military? Are There Exceptions?

Special laws protect armed forces members who get deployed or have permanent change of station (PCS) orders.
If you fall into this category, you can give just 30 days of written notice with proof of your assignment, even if you rent month-to-month.
Be sure to include a copy of your orders with the 30-day notice.

What Happens After I Give My 60-Day Notice?

Once you officially submit written 60 day notice, here’s an overview of what to expect:

  • The landlord must accept it and cannot refuse proper 60 day notice.
  • Notice starts the next day – Your move out countdown begins the day AFTER you submit notice.
  • The unit must remain available – Landlords can start showing it to new tenants. But you retain normal access until you depart.
  • Inspect early – You can request a pre-move out inspection 14+ days prior to leaving to identify cleaning or repairs needed to avoid fees.
  • Return keys on move out date – Make sure to return all unit keys to the landlord when you vacate the unit on the 60th day.
  • Get security deposit refund – Expect deposit refund 21+ days after leaving if no legitimate deductions are taken out.

What If the Landlord Refuses to Accept My 60-Day Notice?

State law requires landlords to accept valid 60 day notice from tenants. Refusing notice or ignoring it is illegal.

If a landlord won’t accept notice, be sure you followed proper protocol including:

  • Giving it to them directly or sending it certified mail
  • Including all required info in writing like your move out date

If you meet guidelines but they still refuse, involve your local housing authority to intervene on your behalf if needed.

Summary: Key Points to Remember

Giving proper notice seems simple but is so critical before moving in California. To recap the key points:

  • Monthly tenants must give written 60 day notice
  • Notice counts down starting the day AFTER you submit it
  • Make sure notice includes: Names, dates, rental address, signatures
  • Follow guidelines like giving it directly or sending certified
  • Landlords must accept valid 60 day notice from tenants
  • You can move out earlier than 60 days – it just has to be 60+ notice
  • Special rules apply for fixed leases and military renters

Understanding California’s 60-day notice law takes the stress out of planning your next move. We hope this guide gives you more rental rights awareness.

60 day Notice to Vacate California

Representing Tenant Rights Against Landlord Harassment in California

California tenants have significant legal rights when it comes to rental properties. However, many tenants face issues with landlords who harass, intimidate, or even illegally evict them. The Martinez Law Center focuses specifically on upholding and enforcing tenant rights in these situations.

Landlord Duties and Obligations

Landlords have a duty under California law to maintain rental units in a habitable condition free of defects that could harm a tenant’s health or safety. This includes responsibilities like ensuring:

  • Functioning appliances, plumbing, electricity, heat, and hot water
  • No insect/rodent infestations
  • Working smoke detectors and security features

If a landlord fails to make necessary repairs in a timely manner after being notified, they may be liable for:

  • Rent decreases to match the reduced rental value
  • Actual damages related to the uninhabitable conditions
  • Possible punitive damages

Tenants should understand these landlord obligations and ability to hold them accountable.

When a Landlord Fails Their Responsibilities

If a tenant believes their landlord has failed their duties, they have legal options including:

  1. Sending a formal notice to repair:
    • Outlines the issue(s) and necessary repairs
    • Gives reasonable timeline to address (30 days)
    • States rent will be reduced or withheld if unaddressed
  2. Filing complaints with housing authorities
  3. Pursuing damages in court
    • Can recover repair costs, rent decreases, moving expenses, etc.

Tenants facing landlord harassment should consult a tenant lawyer to enforce their rights. The sooner it is addressed, the better.

Rights Under the Tenant Protection Act

California’s Tenant Protection Act (TPA) forbids landlords from ending month-to-month tenancies without a valid “just cause.” Additionally, the TPA requires:

  • 60-day notice to end tenancies
  • Relocation assistance payments for no-fault evictions
  • Limits on rent increases to 5% + CPI annually

This gives tenants significant stability and rights in California rental markets.

Tenant Failure to Uphold Agreement

If a tenant fails to pay rent, violates the lease, or causes damage/nuisance, the landlord can evict for “at-fault just cause.” This requires a 3-day notice to pay rent or quit.

For other violations like subletting restrictions, the required notice period extends much longer (30-60 days typically). Consult an attorney to best protect your rights in these situations.

Written Notification Timeframes

California law mandates landlords provide appropriate written notice before entering a unit or ending a periodic tenancy. This includes:

  • 24-hour notice to enter property
  • 60 days notice to terminate month-to-month rental
  • 30 days notice for rent increases more than 10%

Giving insufficient or no notice is illegal. Tenants facing landlord harassment regarding notice requirements should take legal action.

Notice Periods Required

The Tenant Protection Act increased the mandatory notice periods that landlords must provide, including:

  • 60 days rather than 30 days to terminate tenancy
  • Relocation assistance equals 1 month rent for many no-fault evictions

These expanded notice periods better protect tenant rights and stability. Attempts to make tenants vacate earlier are unlawful.

Halting Illegal Evictions: Tenant Rights in California

When landlords wish to end a tenancy, they must follow proper protocols under California law. Unfortunately, many landlords try to force out tenants through harassment, coercion, or outright illegal eviction. The Martinez Law Center specializes in protecting tenants facing these situations.

Terminating a Rental Agreement

Landlords can only terminate month-to-month California rental agreements for one of the “just causes” listed in the Tenant Protection Act:

  • Non-payment of rent
  • Lease violation
  • Nuisance behavior
  • Illegal purpose on property
  • Refusing access to unit
  • Necessary and substantial repairs requiring vacancy
  • Owner moving in

They must provide a 60-day notice with the exact reason listed. Attempts to make tenants move sooner or without cause should prompt legal action.

60 day Notice to Vacate California

Landlord Ability to End Tenancy

If a landlord serves a 60-day notice to terminate for a “no-fault” reason, tenants have important rights, including:

  • Right to challenge the validity of cause
  • Receive relocation assistance equal to one month’s rent
  • Require “true and accurate” cause later if eviction lawsuit filed

Never move out simply due to a termination notice without consulting an attorney first.

The Eviction Process

If a tenant does not voluntarily vacate after notice expires, the landlord must file an official eviction lawsuit. This involves:

  1. Serving tenant with unlawful detainer complaint
  2. Attending court hearing 1-2 weeks later
  3. Judge ruling on eviction and setting vacate date

Tenants should take the following steps if served an eviction complaint:

  • Seek legal assistance immediately
  • File an “Answer” responding to the lawsuit
  • Appear at court hearings
  • Try negotiating move-out agreement

Tenant Failure to Vacate

If an eviction lawsuit succeeds, the tenant will receive a final date by which they must vacate. Remaining beyond this against a court order can lead to:

  • forcible removal by sheriff
  • civil judgments for each day unlawfully occupying
  • negative credit impacts

Once again, consult an attorney before the final vacate date to see if any last-minute options exist. But following court orders is essential.

Tenants facing eviction or landlord harassment have significant legal rights in California. The Martinez Law Center can advise on the best strategies and options to protect your tenancy. Reach out today for responsive, affordable assistance.

Can I give a 60 day notice to vacate in California?

Yes, either landlords or tenants can give a 60 day notice to vacate in California to end a month-to-month tenancy, according to state law. This applies for periodic leases without defined end dates. Reasons may include the owner wanting to move in or perform renovations requiring vacancy. Key points:

  • 60 days written notice is required by landlord or tenant
  • Must state specific reason for lease termination
  • Relocation assistance equal 1 month’s rent sometimes required
  • Tenant can challenge validity of cause for termination

Check local rent control and eviction protections before issuing or receiving 60 day termination notices. Consulting a tenant lawyer is also recommended.

What is a 60 day notice at fault in California?

California landlords don’t actually need to give 60 day notices for “at-fault” terminations when the tenant violates lease terms. Instead:

  • 3-day “pay or quit” notice required for unpaid rent
  • 3-30 day notice periods apply for other lease breaches
  • Allows eviction case filing sooner than 60 day no-fault notices

So 60 day termination notices in California apply to no-fault evictions like the owner moving in. Violating tenants face faster notifications as little as 3 days prior to eviction filing.

How much money does a landlord have to give a tenant to move out in California?

If a California landlord issues a 60-day no-fault termination notice, they must provide relocation assistance to tenants equal to one month of the unit’s rent. Exceptions apply in some locations and circumstances. Requirements include:

  • Applies for owner move-in, substantial repairs, etc.
  • Must pay full month’s rent to adult tenants
  • Half month’s rent for minor tenants
  • Due within 15 days of termination notice
  • Can be waived if tenant doesn’t request payment

Check local city/county laws regarding relocation payout specifics in your area.

How much notice do you need to give your landlord when you move out in California?

For periodic monthly leases, California tenants must give 30 days written notice to their landlord prior to moving out without cause. Exceptions like:

  • Domestic violence/stalking allow 7 day notice
  • Active military transfer is 30 days or less
  • Check lease terms in case longer notice period required

Provide proper written notice to avoid continued rental obligation or legal disputes upon move-out.

California 60 Day Notice Requirements

California law requires landlords provide tenants 60 days written notice prior to terminating a month-to-month rental agreement in most cases. Reasons may include the owner or family member moving in, removing the unit from rental market, or planning substantial renovations requiring vacancy.

The 60 day notice must:

  • Be in writing and identify the termination reason
  • Expire at least 60 days after notice is served
  • Require tenant to move no earlier than 60 days
  • Note relocation assistance payment amount if applicable

Tenants who receive a 60-day notice should review it carefully and consult a tenant lawyer regarding the appropriate next steps. They may be able to challenge defects in the notice, negotiate more move-out time, or otherwise protect their rental situation.

Specific 60-day notice rules differ across California municipalities due to rent control, eviction protections, and other local laws. Both landlords and tenants should verify specifics for their city before issuing or receiving lease termination announcements. Properly executing 60-day notices is crucial to avoid legal disputes.

FAQ’s Mastering the 60-Day Notice to Vacate: California

What is a Notice to Vacate?

A notice to vacate is a legal document that the landlord serves to the tenant indicating the 60-day notice period before the lease or tenancy ends. California law governs this document, which is a requirement for legal eviction proceedings.

What are the different types of eviction notices in California?

In California, there are various types of eviction notices, including the 60-day notice to vacate, lease termination, and 30-day notice. These notices serve as a formal notice to terminate the tenancy and comply with the California Tenant Protection Act.

How Should Landlords Terminate a Tenancy in California?

Landlords must issue the required notice by following the guidelines outlined in the California landlord-tenant laws. This involves providing relocation assistance if necessary and ensuring that the termination is in compliance with the state’s regulations.

What Are At-Fault Evictions in California?

Unlike no-fault terminations, at-fault evictions relate to lease violations by the tenant themselves. These include:

  • Failure to pay rent
  • Materially breaching the rental agreement
  • Committing nuisance behavior or illegal acts on the property

For unpaid rent, only a 3-day written notice to pay or quit is required in California prior to filing eviction. Other violations require a 30- to 60-day written warning, depending on their severity.

Key aspects of at-fault notices:

  • Clearly state the violation’s details
  • Provide timeframe to fix issue (if applicable)
  • Note that eviction lawsuit may follow if unresolved
  • Allow eviction case filing sooner than no-fault terminations

Receiving an at-fault eviction notice is serious. Tenants should attempt to resolve the dispute, seek legal assistance regarding next steps, or prepare to vacate once the notice period expires. But you may have strong defenses worth exploring beforehand. Consult a tenant lawyer immediately.

What is the Difference Between a 30-Day and 60-Day Notice in California Courts?

A 30-day notice typically applies to no-fault evictions or lease violations, while a 60-day notice is usually for fixed-term leases or no-fault just cause evictions. The proposed date of termination and other specifics must be clearly stated in the notice provided to the tenant.

Is a Written Notice Required for Eviction in California?

Yes, a written notice is required for eviction in California in most cases. Some key things to know about eviction notice requirements in California include:

  1. For no-fault evictions (like the landlord moving into the unit) a written 60-day notice to vacate is required. This must state the reason for the termination.
  2. For at-fault evictions due to lease violations, nonpayment of rent, etc., a 3-day notice to pay rent or quit/vacate is required. This must specify the amount due and the type of breach.
  3. Additional written notice is required for eviction cases under special laws covering aspects like rent control, federally subsidized housing, or the California Tenant Protection Act.
  4. Verbal notice or demands to vacate are not sufficient and carry no legal weight. All notices used as basis for eviction lawsuits must be written and properly served according to legal procedures.
  5. Tenants who receive move-out notices should immediately consult a landlord-tenant lawyer. They can evaluate the notice’s validity and help the tenant respond appropriately.

So in nearly all cases, California landlords must provide tenants appropriate written notice before starting eviction proceedings. Attempting to evict with no notice or verbal notice alone violates legal protections for renters.

No-Fault Just Cause

California landlords must have “just cause” to terminate a month-to-month tenancy. No-fault causes include:

  • Owner or relative move-in
  • Permanent removal of unit from rental market
  • Compliance with government order
  • Intent to demolish or substantially remodel

These require 60 days of written notice stating the reason, unlike at-fault evictions. Additionally:

  • Tenants can dispute the truthfulness of cause
  • Relocation assistance equal to one month’s rent must be paid
  • Local just cause laws may have added tenant protections

If you receive a no-fault termination notice, read it carefully and contact a tenant lawyer right away. They can help negotiate more move-out time, ensure a proper relocation payout, and potentially fight the eviction altogether if the cause seems suspicious. Don’t move out until you have explored your rights.

Knowing the no-fault just cause rules in California prevents landlords from forcibly displacing tenants without valid reasons. Seek legal guidance to leverage these protections after any questionable termination notice.