California “Notice to Quit” Requirements Change

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California “Notice to Quit” Requirements Change:

As of January 1st, 2007, new legislation has changed “notice to quit” requirements for California landlords. A notice to quit is a formal notice ending the rental agreement or a request that the tenant relinquish the rental property to the landlord. The new legislation requires landlords to give tenants a 60-day notice to quit, rather than the former 30-day notice requirement. The law only applies when the lease term is month-to-month and the tenant has rented the property for a year or more. If you are a California renter, keep these facts in mind:

  • If any tenant in the household has lived in a property for less than a year, the landlord is only required to give 30 days notice.
  • The new legislation does not affect fixed-term leases.
  • Renters are still only required to give landlords a 30-day notice to terminate tenancy.
  • If the rental property is sold and the buyer plans to live in it, a 30-day notice requirement may still apply.
  • Even if your landlord services you with a notice to quit, you are still required to pay your rent through the last day of the notice.

For more information, an article from the Law Offices of Kimball, Tirey & St. John (a California firm representing commercial and residential landlords) explains the changes in greater detail: http://www.kts-law.com/resource_library/alerts_100406.html

55 Responses to “California “Notice to Quit” Requirements Change”

  1. February 14, 2007 at 6:08 pm, Guest said:

    Is this the same for the case where the tenant fails to pay rent on time (or the rental agency makes a mistake and thinks this has occurred) or does this fall under a 3-day notice to quit rule?

    Reply

  2. May 01, 2007 at 12:02 pm, Guest said:

    That would be 3-day ‘pay or quit’

    Reply

  3. May 19, 2007 at 5:21 pm, Anonymous said:

    Hello
    I saw your Room listed for rent and i will like to let you
    know that i have interest in the room. I will like to rent the room
    for 6 month.
    So i will like to know the current price for the rent and
    So kindly let me hear back from you if the room is still available for here is my person [email protected]
    rent and your price.
    Thanks,
    scott

    Reply

  4. July 02, 2007 at 11:50 pm, Guest said:

    yes. and landlords can give the 30 or 60 day for any reason if you’re on a month to month….and not have to tell you “why”…

    Reply

  5. August 04, 2007 at 2:41 pm, Guest said:

    landlord/tenant issues

    i am a landlord
    and i have a tenant that has had a lease agreement and when it expired, we made it month-to-month, what do i have to do and how long do i have to wait to kick her out.

    Reply

  6. August 25, 2007 at 4:48 am, Guest said:

    My son recently received a Sheriff-delivered eviction notice from the Management company at his apartment complex, where he has rented for over one year.

    The notice did not clearly state the reason for eviction. The Management company refused to discuss with my son according to California law (Sec. 1161 of CCP – Code of Civil Procedure) – which states ” A
    three-day notice must state why you are being asked to leave, and if the problem is correctable, what you must do to stay.” (which problem is not correctable ?)

    My questions are:

    1) is the Landlord *required* to allow an evicted tennant the chance to correct the situation which caused the eviction ?

    2) California law also states that the Landlord is responsible to return the deposit, and does not stipulate that an eviction changes this responsibility:

    California law says that only that part of the deposit may be kept by the landlord which is reasonably necessary to pay for the unpaid rent, repair damages caused by the tenant, and clean the apartment.

    Is this correct in the case of a valid eviction ? or can the Landlord withhold the deposit (which was 2x monthly rent) due to the eviction.

    Best regards,

    Reply

  7. September 08, 2007 at 12:57 am, Guest said:

    I received a 60 day notice. I have one month left on a year lease. Does the law provide me with any help in this situation?

    Reply

  8. September 19, 2007 at 7:07 pm, Guest said:

    I received a notice to quit from a tenant who is staying at the apartment. I am not on the lease anymore and I was on the lease for two years. After I was off of the lease i received the notice. Am I obligated to pay rent? for the time between me being on the lease and the day I move out??

    Reply

  9. October 07, 2007 at 11:21 am, Guest said:

    Sounds like another money grabbing landlord who cares more and his money human life. Why don’t you taser her or cut off her water and power.

    Reply

  10. December 10, 2007 at 5:00 pm, Guest said:

    Yes, you are. There is no such thing as free rent unless you had reached an agreement with the landlord stating that you were not liable for the rent.

    Reply

  11. January 28, 2008 at 3:12 pm, Guest said:

    I received a 3day notice to quit. I have been paying rent to an individual who did not own the house that I am in. Now I have been contacted by the owner. I never signed any rental agreement and I was suppose to purchase this home. All the premises wasnt inspected now the house has black mold in it. What can I do to fight an eviction. The landlord’s first contact with me was in November. I lost my job, I have no receipts, I am working now. But there are so many things that were promised to be fixed.
    What can I do? I never got any 30 day notices, He had me sign an estoppel certificate in September because he was refinancing the place and the lender required it. The estoppel amount of rent in less that what I have paid? Isnt this fraud? And what do I do?

    Reply

  12. February 16, 2008 at 11:55 am, Guest said:

    Landlord Won’t refund my money. Only lived here four months on a month to month lease. I have paid him on time and I found a cheaper and bigger place. Landlord tried to come down on the rent. Tooooo late. I tried to get a one year lease from him but he wanted month to month. It is his own fault. I am a good tenant.Won’t give back deposit cause he says he has no money. I don’t want to loose $1000 plus what to do.

    Reply

  13. February 22, 2008 at 12:37 am, Guest said:

    if given a three day pay or quit, and you quit are monies still owed? what are the laws concerning this.

    Reply

  14. March 18, 2008 at 12:50 am, Guest said:

    yes,and tenants can give 30 day notice,not pay rent, get free legal aid,and destroy your place

    Reply

  15. April 05, 2008 at 1:57 am, Guest said:

    i and my wife are handicapped. both in wheelchairs . she is diabetic and going blind rapidly. she just memorized this new place.got our 6 year old in school.we were given a letter offerring a lease renewal at a higher rate the first. then on the fourth they sent a new letter rescinding their offer. i pointed out it is beyond the 60 days till lease expiration to no avail. we need help. social security and my military pension make it so we can live safe..gated. if their is anyone out there reading this with any idea of what can be done…even legally to prevent this. please contact me at
    [email protected]

    thanks

    Reply

  16. April 25, 2008 at 12:53 pm, Guest said:

    The condo I have been living in for about 6yrs now went into foreclosure and is now owned by the bank. We got a notice to quit and gave us an option of 2, 3 or 4 wks to vacate-depending on the time frame, we would be given a monetary incentive. Well that seemed okay and we agreed in writing to the 2 weeks with the higher incentive and we held up our end of the deal and it is now 1 week later and the bank had not given us the money. We have already spent way more in moving expenses that the incentive money and now we don’t even have that. Can I go after them for not upholding their end of the bargain?

    Reply

  17. June 02, 2008 at 7:00 pm, Guest said:

    im having problem with my rental. i have been renting a house for 6 months. i rent the hose in the back of my landlord house. the landlord has not fixed any of our complaints from hostile neighbors to indecent exposure of a person living with the landlord. now the broker who is managing will terminate managing the rental with in 30 days. we want out of this place. it has become a safety issue now. any suggestions?

    Reply

  18. June 18, 2008 at 3:15 pm, Guest said:

    I allowed a family to park their camper on my property. Their sixteen yr. old daughter sleeps in my twelve yr. old daughters room. They also use my toilet and shower.
    I can’t afford to help these people anymore. Do I have to legally evict them even though they have never given me money?

    Reply

  19. June 30, 2008 at 11:11 pm, Guest said:

    in los angeles under rent control and on a month to month, lived in the apt for 3 1/2 years. having trouble paying rent this month, will have it in full by the end of the month. management company says they do not accept partial payments (cause i offered). they just said to pay it on the 1st (after i already explained i will not have it for a few more weeks). i just have a gut feeling they will do anything they can to get me out so they can charge double market rate. what are my rights??? what should i beware of?? im a model tenant, never been late, cause no trouble (however other tenants are, but i see no action from management).

    thanks for any advice.

    Reply

  20. July 09, 2008 at 3:51 pm, Guest said:

    Example: If a landlord serves a tenant a “3 Day pay or quit” on February 29th but accepts rent on the 1st of March, April, May, June and July does that nullify the 3 Day notice?

    In other words is the 3 day notice null if the landlord accepts rent?

    Concerned

    Reply

  21. July 17, 2008 at 11:38 am, Guest said:

    Our home was foreclosed on 6/19/08. We received a 30 day notice to quit posted on our door dated 7/3/08, received 7/9/08 from an attorney, however we don’t know whom they represent as it’s not mentioned on their notice. We live in California. We don’t have the funds to move within 30 days and need more time. Legally can we request more time and cash from the lender to move? Thank you.

    Reply

  22. July 20, 2008 at 4:33 am, Guest said:

    a 3-day to pay or quit note was taped to my front door at approx. 7p.m. on July 16. it was dated the 15th. when exactly is my 3-days up?

    Reply

  23. July 25, 2008 at 11:49 am, Guest said:

    Yes, by accepting your rent they have voided the 3 day notice.

    Reply

  24. July 29, 2008 at 10:35 am, Guest said:

    yOUR 3 DAY IS 72 HOURS ..NO WEEKENDS INCLUDED. WHAT EVER DAY MAKES THE 3RD DAY. YOUR TIME IS THAT DAY BY 11:59:59 PM

    Reply

  25. July 30, 2008 at 10:35 am, Guest said:

    Some of this sounds extremely similar to my situation. My lease agreement ended on June 8th. During the ten months I’ve been here, my rent has been paid 1-2 weeks in advance EVERY month. I’ve had no neighbor complaints against me and I’ve NEVER put in any work order requests.
    So around the 15th of this month, my AC goes out. Currently I’m on a month to month because my lease ended over a month ago. So the other day I go to the office and tell one of the girls about my AC problem. She looked really busy so I told her I’d be back or call her later that day. About an hour later, there was an extremely loud knock at my door. When my husband opened the door a thirty day notice was taped to our door.
    I called the manager and asked her what was the reason behind this and she stated it was just time foe me to “move on”. I reminded her of my good track record and asked if something could be worked out. Still, I was rejected.
    My grandmother is my co-signer and decided to call the manager herself to see if we could get an extra month. NOPE! When my grandma asked her why, she was told “I’m sure if your granddaughter thinks real hard, she can come up with the reason” ???
    I know as far as the law goes, I have nothing going for me. But is it possible in ANY way that I can find out what so-called “reason” she is using to kick me out? Because I’m completely drawing a blank.

    Reply

  26. August 04, 2008 at 7:40 pm, Guest said:

    We moved in this house In March 2008 and we signed a 1 year lease. We always pay our rent on time and in full. On July 30th we received a certified letter that we have until aug 1st to move out and the decision is final. We did nothing wrong, so I called and asked and he said he doesnt have to give me a reason, and then proceeded to tell us that we still had to pay for Aug rent on time. I dont think we should have to pay rent if we are in a 1 year lease and he broke it with no reason.What shall I do???

    Reply

  27. September 06, 2008 at 10:25 pm, Guest said:

    I paid my rent in full and on time.
    the next day I received a pay or quit notice????
    could it be possible they lost my check? I handed it directly to the office manager. what legal defense do I have if they still claim I did not pay?

    Reply

  28. September 09, 2008 at 7:53 pm, Guest said:

    How much time does a tenant have to stay in a leased property that is 3 months behind when he receives the 3 day notice or the unlawful detainer action in Los angeles california non rent control
    ?

    Reply

  29. September 19, 2008 at 12:00 am, Guest said:

    I recived a 3 day pay or quit notice but the lanlord belives that i need to be out of the house in three days. he has already rented the house out and everything!!! is that legal????? please help!!!!

    Homless in california
    [email protected]

    Reply

  30. October 01, 2008 at 12:51 am, Guest said:

    Tell the landlord to go to hell, stop paying rent and make him do an unlawful detainer, which you fight with your facts.

    Reply

  31. November 22, 2008 at 12:26 am, Guest said:

    LOL! Of course that isn’t legal!! Read below, there is an explanation and a phone number for FREE legal help for tenants in California. GOOD LUCK!

    What is the process after the 3 Day Notice to Pay or Quit in California?

    When you serve a 3 Day Notice it does NOT mean that at the end of the 3 days the tenant has to be out. You serve the notice and at the end of the designated time, if the tenants have not paid what is due then the landlord can legally move forward with the formal eviction process.

    The purpose of the Notice is not to make the tenant leave at the end of the designated time, it is to demand payment and warn the tenant that without full payment in the designated time the landlord is about the take action (i.e., start eviction) and depending how the Notice is written it may stipulate that the tenant will be responsible for court costs.

    city-data.com/forum/real-estate/275104-3-day-notice-pay-quit.html

    ALSO,

    Immediate Help
    The Housing/ Eviction Defense unit can provide immediate legal assistance to low-income tenants if you are:
     Being evicted from your house or apartment and have received a court paper or a notice from the sheriff
     Being threatened by or having your landlord illegally shut off your utilities or lock you out
     In receipt of a 3, 10, 30, 60, or 90 day notice from your landlord, or were told to move
     Experiencing other housing issues
    If you need to speak with someone, please call the Housing intake line at (213) 487-7609 or
    © 2008 Legal Aid Foundation of Los Angeles

    Reply

  32. November 30, 2008 at 10:33 pm, Guest said:

    I rented a room of my house to a tenant. He was given a 30 day notice to leave. That’s fine he’s gone. He made friends with the other tenant I have and now I do not want him on my property due to the reasons I evicted him. Can he still come onto the premises as my other tenants guest or as the land lord and property owner can I forbid him from stepping foot on my property?

    Thanks

    Reply

  33. December 04, 2008 at 5:45 am, Guest said:

    We entered into a 12 month lease agreement on Sept 1st, 2008. On October 20 we received a notice on our door for a Trustee Sale set to go to auction November 13. Turns out our landlord has been in default since June. We asked him to put our deposit in a trust acct in case the home gets sold we could still at least recover our deposit. He said no. We withheld our rent for November. He was doing a modification loan and was able to postpone the auction. It’s now set for December 17th. Since we were living here and it’s still legally his house, we feel we should pay for November’s rent but are hesitant to pay December not knowing if he’ll retain this house. He has since given us a 3 day notice to pay or quit. What are my options at this point?

    Reply

  34. December 20, 2008 at 5:11 pm, Guest said:

    And to the landlord, make sure you get an attorney, when you win the unlawful detainer, which you will because of non payment of rent, tack those charges on to lawsuit, once you have won, ask the tenants to pay the moneys owned to you, then if they do not pay, send the debt to collections that will file this on the persons credit. Keep track of the interest due. After 10 years, refile the debt with interest as unpaid in court, and send it to collections again, making sure that it is still reported to the credit agencies as unpaid. If you find that the person owns real estate property, file a lien on it, this will prevent refinancing, and sale of the property. Keep track of the bank where the tenant paid you rent from. And have the Marshalls take the money directly from the account. Make sure that you ammend your costs for this to the lawsuit. If this cost is still unpaid, you can leave the liens and collection services active. Never remove the debt as paid unless they force you to do this by them taking you to court. In other words, they made you take them to court, let them take you to court to perform anything. Never freely sign anything with them or their agents, always make them take you to court to act. Then get get a lawyer for this, and tack those fees onto the original lawsuit.

    Reply

  35. December 20, 2008 at 10:57 pm, Guest said:

    Is it true that by accepting ANY money towards the rent after the 3 day notice is served voids the notice?

    Reply

  36. December 26, 2008 at 1:34 pm, Guest said:

    Yes, you must immediately reissue a 3 day notice letter for the remaining amount of rent to protect yourself according to Nolo’s landlord book.

    Reply

  37. December 26, 2008 at 1:39 pm, Guest said:

    This may not be the correct legal answer but if I were you I would try to find another place and stay behind in rent at least enough to cover the security deposit that may be lost. After moved out I would pay whatever rents were owed minus the security deposit the landlord held. That way you don’t end up footing any bills you don’t owe. On the legal front it sounds as though your landlord has broken the lease agreement if he has no means to honor the full lease term to you.

    Reply

  38. December 26, 2008 at 1:41 pm, Guest said:

    I don’t think you can control who visits a tenant unless they are somehow violating the lease. It just doesn’t seem right. Maybe if it was originally in the lease you could have gotten away with it. Now all you can do is enforce the lease.

    Reply

  39. December 26, 2008 at 1:42 pm, Guest said:

    NOT legal. He needs to file a lawsuit to get you out of the home assuming he follows all the legal steps. Only the Sheriff can evict you legally and that won’t happen in three days.

    Reply

  40. December 26, 2008 at 1:45 pm, Guest said:

    Probably 60 days but first it has to go through court and there must be a judgment against you at which time you will be told when to vacate.

    Reply

  41. January 08, 2009 at 5:03 pm, Guest said:

    You must pay the rent (especially after a three-day-notice) during the entire foreclosure process. You will have a minimum of 30 days notice and usually a 60 day notice if the house goes into foreclosure/sale and the bank/new owner wants you to vacate, so lets say you pay December rent and the property changes hands on December 7th, you are paid up for the entire month. The original owner is obliged to turn over the balance of the rent to the new owner.

    If the property sells the new owner simply takes over your existing lease. The bank or new owner is responsible for returning your security deposit at the time that you move out. They are responsible for procuring the security deposit from the original owner, not you.

    Reply

  42. January 12, 2009 at 4:08 pm, Guest said:

    A 3 day Notice to Pay or Quit was taped on my front door on Friday January 9th 2009 . The 3 days are up today . I’ve lived her for 6 yrs and now pay $1730 per month. I was short $730 in Dec 2008 and haven’t paid ( present ) Jan 2009 as of yet due to job cuts ( the Economy ). Will I be kicked out today ?

    Reply

  43. January 19, 2009 at 6:00 pm, Guest said:

    I gave my tenant a 3 day notice to quit in which they owed $3700. They paid some of the money and still owes $1700 so I gave them a 30 day notice and are suppose to leave by the 15th. Am I suppose to file the unlawful detainer now or wait until the 15th? Also is it ok that I didn’t refile a 3 day notice after they gave a portion of the money to me?

    Reply

  44. January 22, 2009 at 3:11 pm, Guest said:

    Can A landlord add late fees on a 3 day pay or quit notice and if he can how much? My rent is $1,050 and he has a $100 late fee added. California tenant

    Reply

  45. February 03, 2009 at 11:42 am, Guest said:

    My landlord sent an email saying she wanted us to leave in 60 days.
    We then called to discuss and she agreed to let us stay if she could move in with us (really).
    We did consider and discussed with here over a few weeks – as we wanted to help her out, and there was room she could use and enter privately from outside – but then she started adding conditions…including that we let her keep the security deposit. We responded that we were not comfortable with giving up that money.
    A day later, she mailed us an official ’30 day notice to quit’.
    2 questions:
    > As we lived here over a year, doesn’t she need to give us 60 days…or can she claim that original non-official email as ‘notice’?
    > Can her sudden 30 day notice, after we said we didn’t feel we needed to give up the security deposit, be considered retaliatory?
    Thanks.

    Reply

  46. February 07, 2009 at 3:08 pm, John Forbes said:

    Grandson is a college student in a apartment in Southern California. Apartment owners filed bankruptcy and have given eviction notices without refunding the deposit money. Should grandson just not move until he gets the five day notice? Or until deposit money is used up as rent?

    Reply

  47. February 26, 2009 at 2:11 am, jmj said:

    My daughter and her friend has been living in this apartment for over fore year and just last year my daughter friend lost her job and had to go on unemployment and when she did the landlord was imformed of it (6-2008) rent was being pay every mouth but it was 3 to 4 day late and it was ok with the landlord up until the month of feb 2009 theyrecieve and 3 day notice on the door when they went to pay the rent on the 5th for feb 2009 the landlord handed the a pices of paper tell them that beside of the rent that they give that day they had to come up with 700.00 more to stop eviction so they did and 5day after that the landlord serve the with a 60day quite notice what are the young lady to do

    Reply

  48. May 26, 2009 at 9:30 pm, MAM said:

    My landlord has listed my apartment for rent in the newspaper for a higher rent. I have not received any notice of any kind, is this legal?

    Reply

  49. August 31, 2009 at 2:32 pm, Alvarez said:

    I am a co-signer for my son on a month to month rental. I want to be removed as a co-signer at this time. Do I need to give a 30 day notice that I wish to be removed as a co-signer?

    Reply

  50. January 06, 2010 at 12:02 am, Gary C. Hardin, San Diego, Ca. said:

    Does California Law require a landlord to give a tenant a grace period of 5 days? Or is that a myth? I want to know what day I’m allowed to submit a legal 3 day pay or quit?

    Reply

  51. July 25, 2010 at 6:56 pm, Carey McGrath said:

    If a landlord accepts funds that cover any period past the expiration of the notice to quit, are they obligated to begin the process all over again.
    My notice to quit expired 6/24/2010. The were paid rent, after the notice was filed that covered the period from 6/25/2010 through 6/30/2010.

    Then, based on an offer by the landlrd to extend through 7/30 addditiona funds were deposited to cover a period of July 2010. They filed the unlawful detainer on the same day/6/28/2010 and have not returned the $….

    My defense was submitted as the acdepted money for a period past the expiration of the notice to quit. Can they still win?

    Reply

  52. October 23, 2010 at 3:10 am, Anonymous said:

    the maintence man set it up for me to be out of my apt. by having someone offer me a small job.have not been served unlawful detainer. while i was gone he broke in to one of the windows. he had at least 5 people inside trashing my apt. throwing alot of my belongings into the back of his truck,taking them to an unknown location.they were all fighting who gets this or that.a friend saw what was going on and took pictures while protesting.he told her i was evicted at work and wouldnt be back for a while.he changed the locks boarded up the windowswith my cats locked inside. he also posted a notice stating unsafe stay out,wich is totallymade up and not written leaglly

    Reply

  53. December 27, 2010 at 9:14 pm, Anonymous said:

    pay your rent or give the landlord their place back!!!!!!!! does nobody care about right and wrong anymore?
    i’m tired of the dead beat renter that have more rights than the guy that has to pay for the place!!!!! right and wrong people; right and wrong!!! I hope you teach your children better. Whats legal and not legal, usually falls far from right and wrong! leave it to a lawyer shade that line for you.

    Reply

  54. July 31, 2011 at 1:09 pm, chicago said:

    HELP!!!!! Been served a 60 day notice to pay and quit. On month to month tenancy. Ask for, and received no reasonings. Only, I DON’T HAVE TO GIVE YOU ONE. It is low income and I have not found anything that I could move into to comply. I have no income from social security or welfare. just a peddler that will not accept goverment funds, because I make enough to cover rent and food. Never been late with rent in 19 months. No employer, so no landlord is willing to rent. Do this mean that I should accept homelessness and go back to the sidewalk after turning my whole life around 3 years ago? Hatefully, I hate to put Volunteers of America NAME in this. the name has a charter that helps people. The administrators that collects funds, from the goverment and donations from the affluent and others likewise, deliver injustices as if they were THE HIGHER POWER. If you should happen to have any suggestions please contact; [email protected] Thank all of you for listening to another, failing and falling veteran.

    Reply

  55. November 19, 2011 at 8:46 pm, Ben said:

    Is there any difference between a renter and say a border, someone who`s renting just a room from a tenant?
    Thanks

    Reply

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