[CA] [CA] How do I terminate a month-to-month lease agreement?
I have a resident who has lived month to month in my rental property house for 10 years. I would like to give him a 60-day notice to leave. I will be renting the space to a family member starting in October. Do I need to send any special form other than the standard California Lease Termination Letter?
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The law says if a tenant has been living on the property less than one year, then only a 30-day written notice is required. Longer than one year requires a 60-day notice in writing (CA Civil Code § 1946.1).
You may want to consider writing a non-renewal letter.
Nevertheless, if the person does not leave, the law allows you to seek a court-ordered eviction. This process takes about 10–14 days from the day you file, and the constable in your county can help evict the tenant.
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State of California, I have a resident who has lived month to month in my rental property house for 10 years. I would like to give him a 60-day notice to leave. I will be renting the space to a family member starting in October. Do I need to send any special form other than the standard California Lease Termination Letter?
I understand that navigating rental agreements can be challenging. Have you already discussed your plans with the resident, or is this the first notice they will receive?
I will call them first.
Is the resident current on their rent payments, or have there been any issues in that regard?
They are current.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction notice.
Nothing else.
Hello! My name is Michael, and I'm an attorney ready to help! Your responses matter to me, so I only need a few minutes to review and respond to each of your posts. Do you live on the property, too?
No.
Ok thank you so much for including that! Is this a single-family home?
Yes, single family home.
The law says if a tenant has been living on the property less than one year, then only a 30-day written notice is required. Longer than one year requires a 60-day notice in writing (CA Civil Code § 1946.1).
You may want to consider writing a non-renewal letter.
Nevertheless, if the person does not leave, the law allows you to seek a court-ordered eviction. This process takes about 10–14 days from the day you file, and the constable in your county can help evict the tenant.
Am I exempt from the Tenant Protection Act?
The Tenant Protection Act limits rent increases and requires just cause for evictions in many California residential rentals.
You are likely exempt if:
- The property is a single-family home
- It is not owned by a corporation, REIT, or LLC with a corporate member
- AND the tenant was given proper written notice of the exemption, as required by Civil Code § 1946.2(e)(8).
Based on what you said — that it’s a single-family home and you’re moving a family member in — you may qualify for the exemption, but only if the proper exemption language was given in writing to the tenant.
Michael M. Esq.
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