Ending a Month-to-Month Tenancy: California Notice Rules

To end a month-to-month tenancy in California, an owner must give 60 days' written notice, or 30 days if the tenant has lived there less than one year (Civil Code § 1946.1). A 30-day notice is also allowed in a narrow home-sale situation under § 1946.1(d). Once a tenant has 12 months of occupancy in a covered unit, the notice period is not enough by itself: the owner also needs a just cause under Civil Code § 1946.2. A tenant who wants to leave needs to give notice equal to only one rental period, typically 30 days.

At a glance

What the law says

The two standard periods

Section 1946.1(b) and (c) set the owner's minimum notice:

• 60 days when the tenant has resided in the dwelling for one year or more.
• 30 days when the tenant has resided there less than one year.

The 30-day sale exception

Section 1946.1(d) allows a 30-day notice for a tenant of a year or more, but only if all of the following are true:

1. The dwelling can be sold separately from any other unit (a single-family home or condo, for example).
2. The owner has contracted to sell it to a bona fide purchaser for value, and escrow is open with a title insurer, an underwritten title company, a licensed escrow agent, or a licensed real estate broker.
3. The buyer is a natural person or persons.
4. The notice is given no more than 120 days after escrow opened.
5. No earlier § 1946.1 notice has been given to the tenant.
6. The buyer in good faith intends to live in the property for at least one full year after the tenancy ends.

If any condition fails, the regular 60-day period applies. A sale to a company, or to a buyer who plans to rent the home out, does not qualify.

What the notice must contain

• The abandoned-property paragraph. Every § 1946.1 notice must include the statutory paragraph about property left behind (§ 1946.1(h)). See abandoned property.
• The just cause, where § 1946.2 applies. The notice must state it.
• Relocation information, for a no-fault just cause in covered housing (§ 1946.2(d)).

How the notice is delivered

Under § 1946.1(f), the notice may be served in the manner set out in Code of Civil Procedure § 1162, or sent by certified or registered mail. The CCP § 1162 methods are:

1. Personal delivery to the tenant.
2. Substituted service: if the tenant is absent from home and work, leaving a copy with a person of suitable age and discretion at either place, and mailing a copy to the tenant's residence.
3. Post and mail: if no one suitable can be found, posting a copy in a conspicuous place on the property, delivering a copy to a person living there if one can be found, and mailing a copy to the tenant at the property.

No service fee

A landlord may not charge the tenant a fee for serving, posting or delivering the notice (§ 1946.1(i), added by SB 611).

The tenant's notice

A tenant who wants to end a periodic tenancy needs to give notice only equal to the rental period, usually 30 days for a month-to-month (§ 1946.1(b)). After receiving an owner's notice, the tenant may give a notice with an earlier move-out date, as long as it is at least one rental period (§ 1946.1(e)).

Notice periods and just cause work together

Section 1946.1 tells you how much notice to give. It does not supply a reason. Under Civil Code § 1946.2, once a tenant has continuously and lawfully occupied a covered unit for 12 months, the owner may end the tenancy only for a just cause stated in the notice, and no-fault causes require relocation assistance of one month's rent. See just-cause eviction.

Rules on when adding new adult tenants delays the 12-month threshold are in § 1946.2(a). Because the § 1946.2 threshold is 12 months and the 60-day period starts at one year, they usually change at about the same time.

A three-day notice is a different tool, used for unpaid rent or lease violations under CCP § 1161. See three-day notices.

What owners should do

1. Check the move-in date. If the tenant has lived there less than a year, 30 days applies; otherwise 60.
2. Check § 1946.2 coverage. If the unit is covered and a tenant has 12 months, identify a just cause from the statute and state it.
3. For a sale, confirm all six § 1946.1(d) conditions in writing, including the buyer's intent to live there a full year, and give the notice within 120 days of opening escrow.
4. Include the abandoned-property paragraph and, for no-fault causes, the relocation-assistance information.
5. Serve correctly, by a CCP § 1162 method or by certified or registered mail, and keep proof.
6. Do not charge a service fee.
7. Calculate dates with the notice period calculator, and confirm the count with counsel when the timing is tight.

What tenants should know

• If you have lived in the unit a year or more, you are generally entitled to 60 days' notice. Thirty days applies only if you have been there less than a year, or if the home is being sold to a buyer who will live in it and every § 1946.1(d) condition is met.
• After 12 months in a covered unit, the notice must state a just cause. A notice that does not comply with § 1946.2 is void.
• You can leave sooner than the owner's date by giving your own notice of at least one rental period.
• You cannot be charged for being served the notice.
• A landlord may not end a tenancy in retaliation for good-faith habitability complaints. Under Civil Code § 1942.5(a), if you are not behind on rent, the landlord may not, in retaliation, recover possession within 180 days after such a complaint or related proceeding, unless the notice states a good-faith ground the landlord can prove. A tenant may rely on this protection no more than once in 12 months.
• Separate rules let victims of domestic violence and certain other crimes end a lease early and owe rent for no more than 14 calendar days after giving notice (Civil Code § 1946.7). See ending a lease early for domestic violence.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

• Holdover Tenants: When a Tenant Stays After the Lease Ends
• Fixed-Term Lease or Month-to-Month? Choosing a Lease Term in California
• Owner Move-In Terminations in California (SB 567 Rules)
• Smoking and Vaping Clauses in California Rentals
• Substantial Remodel Terminations in California

Local rules

Some California cities add local notice or just-cause rules on top of state law. Coronado has no local just-cause or rent-control ordinance as of October 2026 (based on a review of its code's contents), so § 1946.1 and § 1946.2 set the rules there; see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Frequently asked questions

How much notice does a California landlord need to end a month-to-month tenancy?

At least 60 days if the tenant has lived there one year or more, and at least 30 days if less than one year. In covered housing, once a tenant has 12 months of occupancy, the owner also needs a just cause stated in the notice.

When can a landlord give only 30 days' notice to a long-term tenant?

Only under the sale exception in § 1946.1(d): the home is separately saleable, escrow is open with a qualifying escrow holder, the buyer is a natural person who in good faith will live there at least a year, the notice is given within 120 days of opening escrow, and no earlier § 1946.1 notice was given.

How much notice does a tenant have to give?

Notice equal to the rental period, which is 30 days for a typical month-to-month tenancy. After receiving an owner's notice, a tenant may choose an earlier move-out date with notice of at least one rental period.

Can a termination notice be mailed?

Yes, by certified or registered mail, or by the substituted service or post-and-mail methods in CCP § 1162, each of which includes mailing a copy. Personal delivery is also allowed.

Does a 60-day notice mean the owner has a valid reason?

No. Section 1946.1 sets only the notice period. In housing covered by § 1946.2, a tenant with 12 months of occupancy can be asked to leave only for a listed just cause, and no-fault causes require relocation assistance.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

• Civil Code § 1946.1 (opens in a new tab)
• Civil Code § 1946.2 (opens in a new tab)
• Code of Civil Procedure § 1162 (opens in a new tab)
• Civil Code § 1942.5 (opens in a new tab)
• Civil Code § 1946.7 (opens in a new tab)
• SB 611 (2024) (opens in a new tab)

Verified October 19, 2026.