Your deadline
The notice period is 30 days if you have lived in the unit less than a year and 60 days if you have lived there a year or more, counted in calendar days from the day it is served. Nothing is filed with a court during that period. If you are still in possession when it expires, the landlord can file an unlawful detainer, and the next paper will be a SUM-130 summons with its own court-day deadline.
- Form
- No official form, written by the landlord
- Official name
- 30-Day or 60-Day Notice of Termination of Tenancy
- Who gives it to you
- Written by the landlord and delivered to you, not filed with a court
- The clock it starts
- 30 or 60 calendar days from service, depending on how long you have lived there
What to do if you are served one
- Check the length of the notice against your tenancy. A 30-day notice given to a tenant who has lived in the unit for a year or more is the wrong notice, and a lawsuit built on it can fail.
- Check whether just cause was required and stated. Under California's Tenant Protection Act, most tenants who have lived in a covered unit for 12 months cannot be evicted without a stated just cause. A no-fault notice must name the reason.
- Check for relocation assistance. For no-fault just cause evictions the landlord must provide one month's rent in relocation assistance or waive the last month. A notice that omits this can be defective.
- Use the notice period. The period is time to review the notice, gather your lease and records, and call us. If the notice is defective, the right moment to know that is before the lawsuit, not after.
A 30-day or 60-day notice is the paper a landlord uses to end a month-to-month tenancy when the tenant is not accused of doing anything wrong. There is no official court form for it; the landlord writes it, and the law sets what it must contain and how long it must run. Like the 3-day notice, it is the first step, not the eviction itself. Nothing is filed with a court until the period has run and the tenant is still in possession.
Which notice applies
The length of the notice depends on how long you have lived in the unit. A tenant who has lived there less than a year is entitled to 30 days. A tenant who has lived there a year or more is entitled to 60 days. Both are counted in calendar days from the day the notice is served. A 30-day notice given to a tenant who has been there for years is the wrong notice, and an eviction case built on it can fail on that ground.
Just cause and the Tenant Protection Act
Since 2020 California’s Tenant Protection Act, Civil Code section 1946.2, has limited no-fault evictions. For a tenant who has lived in a covered unit for 12 months, the landlord cannot end the tenancy without a just cause, and a no-fault notice has to state the reason: an owner or family member moving in, withdrawal of the unit from the rental market, substantial remodeling that requires the unit to be vacant, or compliance with a government order. Fault grounds such as nonpayment or breach have their own notices and are not no-fault.
Some units are exempt from the state law, including many single-family homes and condominiums owned by individuals where the exemption is stated in the lease, housing built within the past 15 years, and owner-occupied duplexes. Many cities and counties have their own just cause and rent control ordinances that apply to units the state law exempts and that add protections of their own. Whether your unit is covered is the first question we ask.
Relocation assistance
For a no-fault just cause eviction under the state law, the landlord must provide relocation assistance equal to one month’s rent, either paid within 15 days of serving the notice or by waiving the final month’s rent, and the notice must state which. Local ordinances often require more. A notice that omits the relocation assistance where it is required is defective.
What the notice period is for
It is time. Use it to gather the lease, your move-in date, rent receipts, and every written communication with the landlord, and to have the notice reviewed while it is still running. The defects in a 30-day or 60-day notice, the wrong period, a missing just cause, missing relocation assistance, improper service, or a violation of a local ordinance, are the defenses in the unlawful detainer case that follows.
What happens if you stay
When the period runs out and you are still in possession, the landlord can file an unlawful detainer. You will be served with a SUM-130 summons and a UD-100 complaint with the notice attached, and the UD-101 cover sheet will state whether the landlord claims the Tenant Protection Act applies. From that point the deadline is measured in court days. Staying past the notice does not create a judgment by itself; only a court can do that, and only after you have had the chance to respond.
Frequently asked questions
What is a 60-day notice to vacate?
It is a written notice from a landlord ending a month-to-month tenancy without claiming the tenant did anything wrong. In California, a tenant who has lived in the unit for a year or more is entitled to 60 days; a tenant who has lived there less than a year is entitled to 30. It is not a court document.
Can a landlord give me a 60-day notice for no reason?
It depends on the unit. Under the Tenant Protection Act, Civil Code section 1946.2, most tenants who have lived in a covered unit for 12 months cannot be evicted without a stated just cause, either a fault ground such as nonpayment or a no-fault ground such as an owner move-in. Some units, including many single-family homes owned by individuals and new construction, are exempt. Local ordinances can add protections.
Do I get relocation assistance with a 60-day notice?
If the notice is a no-fault just cause eviction under the Tenant Protection Act, the landlord must provide relocation assistance equal to one month's rent, either as a payment within 15 days of serving the notice or as a waiver of the last month's rent, and the notice must say which. Local ordinances may require more.
What happens if I do not move out by the end of a 60-day notice?
The landlord can file an unlawful detainer lawsuit. You will be served with a SUM-130 summons and a UD-100 complaint with the notice attached, and the response deadline from that point is measured in court days. Staying past the notice does not itself create a judgment; only a court can do that.
Can I fight a 30-day or 60-day notice?
The notice is not something you file a response to, but its defects become the defenses in the eviction case that follows: the wrong notice period, a missing just cause, missing relocation assistance, improper service, or a notice that violates a local ordinance. Having the notice reviewed while it is still running is the best use of the notice period.
This website provides general information about the California eviction process and is not legal advice. Court forms are reproduced from the Judicial Council of California; confirm you are using the current revision before filing.