Termination of Tenancy (30, 60 or 90-days)

30-Day Notice to Terminate Tenancy
A 30-Day Notice to Terminate Tenancy is used to give a month-to-month tenant, who has resided in the premises for less than 1 year, notice that the owner wishes to regain possession of the property after the 30 days have expired. This notice is given to a tenant on a month-to-month tenancy, or tenants who can be considered "tenants at will". The tenant is given notice that he/she/they are expected to vacate the property by the expiration of the notice. The tenants are responsible for all of the rent until the expiration of the notice, even if they move out early. If the tenants do not vacate the property by the expiration of the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property. The owner does not have to specify a reason for the notice on the notice or otherwise, good cause is not an issue.

60-Day Notice to Terminate Tenancy

A 60-Day Notice to Terminate Tenancy is used to give a month-to-month tenant, who has resided in the premises for more than 1 year, notice that the owner wishes to regain possession of the property after the 60 days have expired. This notice is given to a tenant on a month-to-month tenancy, or tenants who can be considered "tenants at will". The tenant is given notice that he/she/they are expected to vacate the property by the expiration of the notice. The tenants are responsible for all of the rent until the expiration of the notice, even if they move out early. If the tenants do not vacate the property by the expiration of the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property. The owner does not have to specify a reason for the notice on the notice or otherwise, good cause is not an issue.

NOTE: A landlord must give a Tenant at least 60-Days advance notice if the rent increase is greater than 10 percent. In order to calculate the percentage of the rent increase, the landlord needs to know the lowest rent that was charged you during the preceding 12 months.

However, the landlord can give a tenant 30 days' advance written notice in either of the following situations:

·         The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends.

In addition, all of the following must be true in order for the selling landlord to give a 30-day notice

·         The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
·         The landlord must have given tenant a 30-day notice no later than 120 days after opening the escrow, and
·         The landlord must not previously have given tenant a 30-day or 60-day notice, and
·         The rental unit must be one that can be sold separately from any other dwelling unit.
 

90-Day Notice to Terminate Tenancy

A 90-Day Notice to Terminate Tenancy is used for Section 8 tenant-based contracted units in rent control and non-rent control jurisdictions. This notice is given to tenants who have reside under Section 8 tenant-based contracts. The tenant or tenants who were the beneficiaries of the contract or recorded agreement shall be given at least 90 days' written notice of the effective date of the termination and shall not be obligated to pay more than the tenant's portion of the rent, as calculated under the contract or recorded agreement to be terminated, for 90 days following receipt of the notice of termination of nonrenewal of the contract. If the tenants do not vacate the property by the expiration of the notice, an Unlawful Detainer action will have to be filed so that the owner may regain possession of the property.

 NOTE: When landlords wish to terminate a tenancy for cause (for example, because the tenant has not paid the rent, violated an important lease clause, or seriously damaged the property), they may use the quick three-day notice that advises the tenant to pay the rent (or cease the violation) or move out.