California Real Estate SalespersonPractice of Real Estate and DisclosuresMedium

A tenant has occupied a rental unit under a month-to-month tenancy for three years. The landlord wishes to terminate the tenancy without cause. Under California law, how much written notice must the landlord provide?

  1. A30 days
  2. B90 days
  3. C120 days
  4. D60 days
Show answer & explanation

Correct answer: D. 60 days

Under California Civil Code, a landlord must give 60 days' written notice to terminate a month-to-month tenancy when the tenant has resided in the unit for one year or more. Only 30 days' notice is required if the tenancy has lasted less than one year (subject to just-cause eviction restrictions under AB 1482 where applicable).

Why the other options are wrong

  • A. 30 days applies only to tenancies of less than one year.
  • B. 90 days is not the standard notice period for residential month-to-month termination.
  • C. 120 days is not a recognized notice period under this rule.

Termination Notice for Month-to-Month Tenancy

California requires 60 days' notice to terminate a month-to-month tenancy of one year or more, and 30 days' notice for tenancies under one year.

  • Under 1 year = 30 days notice
  • 1 year or more = 60 days notice
  • AB 1482 just-cause rules may also apply to covered units

Memory trick: 'One year in, sixty days to spin.'

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