The California 60 Day Notice to Vacate is a form used by landlord to intimate the tenant about the end of the tenancy. According to California state law, a landlord can terminate a month-to-month tenancy by serving a 60-day notice if the tenancy has lasted more than one year. For the 60-day notice requirement to apply, all tenants must have lived in the unit for more than one year.
Steps to Fill the California 60 Day Notice to Vacate | Landlord to Tenant
The landlord or property manager notifies the tenant that they are ending the tenancy by using the notice to vacate form. A tenant who receives a notice to vacate has two choices: comply with the notice and leave or remain and get ready to argue their case in court. In California, a landlord may end a lease after a tenant has occupied the property for a year or more by giving the tenant one of two (2) sixty-day notice documents, one for fault-based just cause and the other for fault-free just reason.
Both tenants and landlords may find the California eviction process to be perplexing. Landlords need to be aware of their legal obligations regarding notice requirements and the amount of time they must give notice. Additionally, tenants must be aware of their rights and the implications of new legislation. Evictions involve intricate laws that you must go by, and any errors in the specifics of your documentation could render the procedure null and void.
The California Eviction Process
Before initiating an eviction in California, landlords must submit a 60- or 30-day notice to vacate letter. Their tenant has time to vacate or resolve a disagreement after receiving the notice of termination. Landlords may begin the eviction procedure if the renter doesn’t leave the property by the end of this period. Eviction proceedings are referred to in California as unlawful detainer cases in court.
According to state legislation, a landlord is required to provide their tenant at least 30 days’ notice before asking them to leave and stating the date on which their tenancy would expire. In California, tenants who have lived in rental properties for less than a year or who have a month-to-month leasing agreement are authorised to provide a 30-day notice to depart the rental property. In California, a 60-day notice to vacate is required for tenants residing for a year or more at the property.
Reasons of the termination
A residential lease in California may end for a variety of reasons. It’s possible that the tenant misbehaved or violated the conditions of their lease. Or, the landlord or property owner can decide to alter the unit’s intended usage.
No-Fault Just Cause Termination
These reasons for termination, which take place when the property is changing, include:
- The landlord chooses to discontinue renting out their apartment.
- The apartment is being sold or renovated.
- The property’s owner or their family wishes to live there.
- The structure is being destroyed.
At Fault Just Cause for Termination-
Tenant conduct that results in at-fault terminations is under Tenant’s control. If: A notice of termination is given to a tenant.
- They fall behind on their rent.
- On the property, they are committing crimes, and they also participate in other illegal activities.
- They have violated the conditions of their lease.
- They sanction bad behaviour or take part in it.
Your Tenant-Related Rights
Tenants in California now have new rights according to the Tenant Protection Act, which went into force in January 2020. Since the renter has constantly and lawfully lived there for at least a year, the law currently forbids landlords from ending a tenancy without good reason.
In accordance with the law, landlords must also notify renters of any infractions and offer them a chance to make things right before terminating their leases. When just cause terminations take place without guilt, tenants also have the right to aid. There are various ways for landlords to help their tenants:
- helping tenants move, irrespective of their financial situation
- Waiving the tenant’s final month’s rent before the due date for payment
- delivering a cash equal to one month’s rent to their tenant
If your landlord does not help, the notice of termination is invalid. According to this law, landlords are supposed to inform their renters of their rights.
Your Landlord’s Legal Rights
Landlords in California have the right to end a lease with or without good reason. Landlords who do not want to renew a lease or certain rental agreements may terminate without cause.
While landlords are permitted to terminate a month-to-month tenancy without having to provide a reason, they must still offer a 30-day notice. Landlords cannot terminate a fixed-term tenancy early without good reason until the lease’s expiration date.
To defend their rights, landlords may use just cause termination. You can rapidly end their tenancy and force eviction if they don’t pay the rent, violate the terms of their lease, or harm the property.
These disputes are promptly resolved using three-day notices.
When is a 30-day notice from a landlord permitted in California?
When landlords desire to end month-to-month leases or longer-term agreements if the tenant has occupied the property for less than a year, a 30-day notice to vacate is utilised. The landlord is required to give a 60-day notice to vacate letter if the tenant has occupied the property for 12 months or more.