Ending a Month-to-Month Tenancy: 30- and 60-Day Notices

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

Where just cause doesn't apply, a California landlord ends a month-to-month tenancy with 60 days' written notice, or 30 days if the tenant has lived there less than a year, using required notice language.

Citation
Civ. Code §§ 1946, 1946.1
Status
In force
Jurisdiction
California
Applies to
California landlords ending periodic tenancies not protected by AB 1482 or a local just-cause ordinance
Key numberValueAs of
Tenant there 1 year or more60 days' written noticeOct 5, 2026
Tenant there less than 1 year30 days' written noticeOct 5, 2026
Sale to an owner-occupant buyer30 days, within 120 days of opening escrowOct 5, 2026
Notice service feeCan't be charged to the tenantOct 5, 2026

Last reviewed Oct 5, 2026 · Checked against the official text

What it requires

  • Give 60 days’ written notice to end a month-to-month tenancy, or 30 days if the tenant has lived there less than a year.
  • Thirty days also works when you sell a separately saleable house or condo to an individual who will live there at least a year, escrow is open, the notice comes within 120 days of opening it, and no earlier notice was given under this rule.
  • Serve the notice as Code of Civil Procedure 1162 allows or by certified or registered mail, and include the required statement about reclaiming abandoned property.
  • Don’t charge the tenant a fee for serving, posting, or delivering the notice.
  • This no-cause route works only where just cause doesn’t apply. After 12 months under AB 1482, or from the start of a covered tenancy in Oakland, Berkeley, and Emeryville, you need a listed cause.

Owner checklist

  • Confirm just cause doesn’t apply first
  • Count tenancy length to choose 30 or 60 days
  • Include the abandoned-property statement
  • Serve under CCP 1162 or by certified mail

What changed and what’s next

  • Jan 1, 2025: Landlords may no longer charge tenants a fee for serving termination notices (SB 611)

From our East Bay files

Confirming just-cause coverage before a termination notice goes out is one of the first things we check, every time. On covered units in Oakland, Berkeley, and Emeryville, a true no-cause termination is rarely, if ever, available.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

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