Notice of Termination of Tenancy — 30/60/90 Day (California, No-Cause / No-Fault)

NOTICE OF TERMINATION OF TENANCY

(California Civil Code §§ 1946, 1946.1, and (where applicable) 1946.2)

☐ 30-DAY ☐ 60-DAY ☐ 90-DAY ☐ OTHER: [____]

TABLE OF CONTENTS

1. Identification of Parties and Premises
2. Description of Tenancy
3. Notice of Termination and Date
4. Selection of Notice Period
5. Just-Cause / No-Fault Statement (AB 1482 Covered Tenancies)
6. Relocation Assistance (No-Fault Terminations)
7. Surrender of Possession
8. Move-Out, Security Deposit, and Personal Property Notices
9. Reservation of Rights / Anti-Retaliation Statement
10. Signature Block
11. Proof of Service
12. California Practice Notes
13. Sources and References

1. IDENTIFICATION OF PARTIES AND PREMISES

TO: [TENANT'S FULL LEGAL NAME], and all other persons in possession of the premises commonly known and described as:

[STREET ADDRESS], [UNIT/APT NUMBER, IF ANY], [CITY], California [ZIP CODE] (the "Premises").

FROM: [LANDLORD'S / OWNER'S / AGENT'S FULL LEGAL NAME], [LANDLORD or AUTHORIZED AGENT FOR LANDLORD].

2. DESCRIPTION OF TENANCY

You currently occupy the Premises under a [☐ written / ☐ oral / ☐ month-to-month / ☐ expired written, now month-to-month] rental agreement (the "Tenancy") at a current rent of $[__________] per [month / week], payable on the [__] day of each [month / week].

The Tenancy commenced on [__/__/____]. As of the date of this Notice, the Tenant has continuously and lawfully occupied the Premises for [__] months / years.

3. NOTICE OF TERMINATION AND DATE

YOU ARE HEREBY NOTIFIED that, pursuant to California Civil Code §§ 1946 and 1946.1 (and, where applicable, § 1946.2), your Tenancy of the Premises is hereby TERMINATED, and you are required to QUIT and surrender possession of the Premises to the Landlord on or before:

[__/__/____] (the "Termination Date")

at [__:__] ☐ a.m. ☐ p.m.

The Termination Date is at least [30 / 60 / 90] calendar days after service of this Notice on you (plus five (5) additional calendar days if this Notice is served by mail per CCP § 1013).

4. SELECTION OF NOTICE PERIOD

The applicable notice period is selected below:

☐ 30 DAYS — Civ. Code § 1946.1(c) (residential periodic tenant has occupied the Premises for LESS THAN ONE (1) YEAR).

☐ 60 DAYS — Civ. Code § 1946.1(b) (residential periodic tenant has occupied the Premises for ONE (1) YEAR OR MORE).

☐ 30 DAYS — Civ. Code § 1946.1(d) (owner-buyer exception: separately alienable unit; bona fide purchaser in escrow intending to occupy at least one year as primary residence; notice issued within 120 days of escrow; no prior § 1946.1 notice given to this tenant).

☐ 90 DAYS — federal program (HUD project-based Section 8; LIHTC; foreclosed-property successor under Cal. Civ. Code § 1161b — specify): [____].

☐ OTHER (longer) period required by local ordinance: [____] days under [CITY ORDINANCE CITATION].

5. JUST-CAUSE / NO-FAULT STATEMENT (AB 1482 COVERED TENANCIES)

☐ The Premises are EXEMPT from Civ. Code § 1946.2 under the following exemption (Civ. Code § 1946.2(e)): [CITE EXEMPTION]. The required exemption-notice language under Civ. Code § 1947.12(d)(5) was provided to Tenant in writing in 12-point type on [__/__/____].

☐ The Premises are SUBJECT to Civ. Code § 1946.2. The Landlord asserts the following NO-FAULT JUST CAUSE for termination (one box must be checked):

• ☐ § 1946.2(b)(2)(A) — Owner / family member move-in. The owner, the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents intend to occupy the Premises as their primary residence for a minimum of TWELVE (12) CONTINUOUS MONTHS, and shall actually move in within NINETY (90) DAYS of the Tenant's vacatur. (SB 567, Stats. 2023, Ch. 290, eff. April 1, 2024.) The intended occupant is: [NAME, RELATIONSHIP TO OWNER].

• ☐ § 1946.2(b)(2)(B) — Withdrawal from rental market. The owner intends to withdraw the Premises from the residential rental market. (Compliance with Cal. Gov. Code § 7060 et seq. (Ellis Act) and any applicable local Ellis ordinance is also required and is being undertaken.)

• ☐ § 1946.2(b)(2)(C) — Compliance with government order. The owner is complying with an order issued by a government agency or court relating to habitability that necessitates vacating the Premises. The order is dated [__/__/____] and is attached. ☐ Attached.

• ☐ § 1946.2(b)(2)(D) — Substantial remodel or demolition. The owner intends to demolish or substantially remodel the Premises. The work will require the Premises to be vacant for at least THIRTY (30) CONSECUTIVE DAYS. The Landlord has obtained the permits required for the work, copies of which are attached. The expected completion date is [__/__/____]. If the substantial remodel or demolition is not commenced or completed, the Tenant must be offered the opportunity to re-rent the unit at the same rent and lease terms in effect as of the Tenant's vacatur (Civ. Code § 1946.2(b)(2)(D), as amended by SB 567).

If you wish to challenge the Landlord's right to terminate, you may consult an attorney or contact a local legal aid program. Information about your rights as a California renter is available from the California Civil Rights Department (civilrights.ca.gov) and from your local rent board (if applicable).

6. RELOCATION ASSISTANCE (NO-FAULT TERMINATIONS)

The Landlord elects (one box must be checked for AB-1482 no-fault terminations):

☐ (a) Direct payment. The Landlord shall pay Tenant relocation assistance in the amount of $[__________], equal to ONE (1) MONTH of the Tenant's rent in effect on the date of this Notice. Payment shall be made within FIFTEEN (15) CALENDAR DAYS of service of this Notice (Civ. Code § 1946.2(d)(2)).

☐ (b) Rent waiver. The Landlord hereby WAIVES, in writing, the Tenant's obligation to pay the final month's rent in the amount of $[__________]. The Tenant shall not be required to pay rent for the month of [MONTH/YEAR] (Civ. Code § 1946.2(d)(3)).

The Landlord acknowledges that failure to comply with Civ. Code § 1946.2(d) renders this Notice VOID.

7. SURRENDER OF POSSESSION

On or before the Termination Date you shall:

(a) Vacate the Premises and remove all of your personal property;

(b) Return all keys, garage-door openers, mailbox keys, parking permits, and any other access devices to the Landlord at [ADDRESS / OFFICE];

(c) Leave the Premises in the same condition as at the commencement of the Tenancy, less ordinary wear and tear; and

(d) Provide the Landlord with a forwarding address for return of the security deposit.

If you fail to vacate by the Termination Date, the Landlord will commence an unlawful detainer action under Cal. Code Civ. Proc. § 1161(1), seeking possession, holdover damages, costs of suit, and attorneys' fees where authorized.

8. MOVE-OUT, SECURITY DEPOSIT, AND PERSONAL PROPERTY NOTICES

Pre-move-out inspection (Civ. Code § 1950.5(f)). You have the right to request an initial inspection of the Premises and to be present at that inspection, no earlier than two (2) weeks before the Termination Date. To request the inspection, contact the Landlord at the address or phone number below.

Security deposit (Civ. Code § 1950.5). The Landlord shall return the security deposit, or an itemized accounting and the balance, within TWENTY-ONE (21) CALENDAR DAYS after you vacate the Premises and surrender possession. Effective July 1, 2024, the maximum security deposit is generally ONE (1) MONTH'S RENT under Civ. Code § 1950.5(c) as amended by AB 12 (Stats. 2023, Ch. 280).

Abandoned personal property (Civ. Code §§ 1980 – 1991). Personal property left at the Premises after vacatur may be disposed of according to Civil Code §§ 1980 – 1991. State law permits former tenants to reclaim abandoned personal property left at the former address, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out (Civ. Code § 1983 mandatory advisory).

9. RESERVATION OF RIGHTS / ANTI-RETALIATION STATEMENT

The Landlord reserves all rights and remedies under the rental agreement and California law. This Notice is not intended as, and shall not be construed as, retaliation for any protected tenant activity. The Landlord asserts in good faith that the basis for this termination is the lawful, non-retaliatory reason stated above.

This Notice complies with all applicable provisions of:

• Cal. Civ. Code §§ 1946, 1946.1, 1946.2
• Cal. Civ. Code § 1947.12 (where applicable)
• Cal. Civ. Code § 1942.5 (anti-retaliation)
• Cal. Gov. Code § 12955 (FEHA)
• Local rent control / just-cause ordinance (if any)

10. SIGNATURE BLOCK

Dated: [__/__/____]

By: [________________________________]
[PRINTED NAME]
[TITLE — e.g., "Owner," "Property Manager," "Authorized Agent for Owner"]
[MAILING ADDRESS]
[CITY, CA ZIP]
[TELEPHONE]
[EMAIL, IF APPLICABLE]

11. PROOF OF SERVICE

(California Code of Civil Procedure § 1162; Civil Code § 1946 (mail option))

I, [SERVER'S FULL NAME], declare:

I am over the age of 18 years and not a party to this action. My business or residence address is [ADDRESS].

On [__/__/____] at approximately [__:__] ☐ a.m. ☐ p.m., I served the foregoing NOTICE OF TERMINATION OF TENANCY on [TENANT NAME] in the manner indicated below:

☐ Personal delivery (CCP § 1162(a)(1)). I personally delivered a copy to the tenant at [ADDRESS].

☐ Substituted service + mail (CCP § 1162(a)(2)). I left a copy with [NAME / DESCRIPTION], a person of suitable age and discretion at [ADDRESS], and on [__/__/____] I mailed a copy by first-class mail, postage prepaid, to the tenant at the Premises.

☐ Post and mail (CCP § 1162(a)(3)). I posted a copy in a conspicuous place at the Premises ([DESCRIBE LOCATION]), and on [__/__/____] I mailed a copy by first-class mail, postage prepaid, to the tenant at the Premises.

☐ Mail (Civ. Code § 1946 alternative for periodic tenancies). I sent a copy by [CERTIFIED / REGISTERED] mail, return receipt requested, to the tenant at [ADDRESS], on [__/__/____]. Five (5) additional days are added to the notice period (CCP § 1013).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], California.

[________________________________]
[PRINTED NAME OF SERVER]
Signature

12. CALIFORNIA PRACTICE NOTES

1. AB 1482 changes everything for 12-month tenancies. True "no-cause" termination is unlawful for residential tenancies of 12 months or more that are subject to Civ. Code § 1946.2. Use a no-fault just cause from § 1946.2(b)(2). Treating an AB-1482-covered termination as no-cause is the most common reason landlords lose UD trials post-2020.

2. SB 567 tightening (operative April 1, 2024). SB 567 added teeth to the owner-move-in and substantial-remodel categories. The owner or qualifying relative must occupy for a minimum of 12 continuous months and must move in within 90 days of vacatur. For substantial remodel, the notice must include a description of the work, copies of permits, an expected completion date, and a re-rental offer if work is not completed. Failure to comply gives the tenant a right of action and exposes the landlord to actual damages, three times damages where the violation is willful, plus attorneys' fees (Civ. Code § 1946.2(h)(2)).

3. Relocation payment must be timely. Civ. Code § 1946.2(d)(2) requires payment within 15 calendar days of service. Failure renders the notice VOID. The conservative practice is to deliver a check or rent-waiver letter contemporaneously with service of the notice.

4. Local ordinances often impose stricter or different requirements. Most rent-control cities require additional content (registration certificate, just-cause statement under local ordinance), additional payments (relocation premiums for elderly/disabled/low-income/families/long-tenancy), or filing the notice with the local rent board. Examples:
   - City of Los Angeles Just Cause Ordinance (Mun. Code § 165) and RSO require specific "permanent relocation" payments tied to length of tenancy and protected-class status.
   - San Francisco Rent Ordinance § 37.9(a) lists 16 just-cause categories and requires filing the notice with the SF Rent Board within 10 days under § 37.9(c).
   - Oakland Just Cause (O.M.C. § 8.22.300 et seq.) requires a tenant-rights advisory packet to accompany the notice.
   - Berkeley BMC § 13.76 imposes registration and relocation requirements.
   - San Jose ARO/TPO requires filing with Rent Stabilization Program.

5. Ellis Act. Withdrawal-from-market terminations require compliance with Cal. Gov. Code § 7060 et seq.: a 120-day notice (1 year for elderly or disabled tenants), a Notice of Intent to Withdraw filed with the local agency, and posting on each unit. Local Ellis ordinances may add re-rental restrictions, relocation payments, and recording requirements.

6. Foreclosed properties — § 1161b. A bona fide tenant in a foreclosed property is entitled to at least 90 days' notice under Cal. Civ. Code § 1161b(a). Bona fide tenancies under federal PTFA (Protecting Tenants at Foreclosure Act, 12 U.S.C. § 5220 note) are also entitled to 90 days, and may be entitled to remain through the lease term.

7. Service by mail. Civ. Code § 1946 expressly permits mail service of the long-form termination notice (certified or registered, return receipt requested), with 5 additional days added to the notice period (CCP § 1013). Mail service is NOT permitted for CCP § 1161 3-day notices — those require personal/substituted/post-and-mail under CCP § 1162.

8. Counter-notice by tenant. Civ. Code § 1946.1(f) allows tenants to give a shorter counter-notice of equal length to the periodic-tenancy interval, provided the tenant's quit date is on or before the landlord's termination date.

9. Anti-retaliation overlay. Civ. Code § 1942.5 creates a 180-day rebuttable presumption of retaliation. Document the legitimate, non-retaliatory basis. Do not serve a § 1946.1 notice within 180 days of a tenant's habitability complaint, government complaint, code-enforcement inspection, tenant-association activity, or initiation of a tenantability lawsuit.

10. FEHA / FHA discrimination. Cal. Gov. Code § 12955 and 42 U.S.C. § 3604 prohibit termination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income (including Section 8 vouchers), disability, veteran/military status, genetic information, age, or immigration status. Reasonable-accommodation requests (e.g., emotional support animal) must be evaluated.

13. SOURCES AND REFERENCES

• California Civil Code § 1946: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.&lawCode=CIV
• California Civil Code § 1946.1: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.1.&lawCode=CIV
• California Civil Code § 1946.2 (Tenant Protection Act of 2019, as amended by SB 567): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1946.2.&lawCode=CIV
• California Civil Code § 1947.12 (statewide rent cap): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1947.12.&lawCode=CIV
• California Civil Code § 1942.5 (anti-retaliation): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1942.5.&lawCode=CIV
• California Civil Code § 1950.5 (security deposits): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1950.5.&lawCode=CIV
• California Code of Civil Procedure § 1161: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1161.&lawCode=CCP
• California Code of Civil Procedure § 1162: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1162.&lawCode=CCP
• California Government Code § 7060 et seq. (Ellis Act): https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=&chapter=12.75.&lawCode=GOV
• California Government Code § 12955 (FEHA): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12955.&lawCode=GOV
• SB 567 (2023): https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB567
• AB 12 (2023) — security deposit cap: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB12
• California Department of Justice — Tenant Protection Act consumer alert: https://oag.ca.gov/system/files/media/Tenant-Protection-Act-Landlords-and-Property-Managers-English.pdf
• California Department of Justice — Local rent laws: https://oag.ca.gov/system/files/media/local-rent-laws-eng.pdf

END OF NOTICE