California 60 Day Notice: Free Lease Termination Form

California 60-Day Notice Requirements for Ending a Tenancy

California Civil Code § 1946.1 sets the notice period for ending a month-to-month rental. The owner of a residential dwelling must give notice at least 60 days before the proposed date of termination. A tenant who ends the tenancy must give notice for a period at least as long as the term of the periodic tenancy before that date.^[1]

A periodic tenancy is a rental that continues from one rental period to the next, such as month to month. Landlords and tenants follow different legal notice requirements, so each side should check its own.

The landlord's rule reads:

An owner of a residential dwelling or commercial real property hired by a qualified commercial tenant giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination.

The tenant's rule reads:

A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.

In practice, this means:

• Landlords: the proposed date of termination must be 60 days or more after the day you give notice.
• Tenants: check the term of your periodic tenancy, because your notice must cover that full period.

The notice must be in writing, because California Civil Code § 1946.1(a) calls for written notice from one party to the other of the intention to terminate the tenancy.^[1]

60-Day Lease Termination Notice Form Details

The FormsPal template is a one-page PDF notice to vacate for a residential landlord. Its own note says it is for a landlord who ends a month-to-month rental, or the occupancy of a tenant paying rent under an expired lease. The tenant must have lived in the property for one year or more. The table below helps landlords check the document at a glance.

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How to Fill Out the California 60-Day Lease Termination Notice

Download the PDF template and complete it with our online PDF editor, or use the document builder above. Fill out the form from top to bottom. The nine steps below follow the form in its own order.

The screenshots under each step show the FormsPal California 60-day lease termination notice template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Print Form button. The strip above the title holds a Print Form control. You do not enter anything here, so move on to the header.

   

2. Header: agent or broker, landlord, date and city. Enter the agent or broker (if there is one) and the landlord. Then enter the date of the notice, the year and the city. The state is already printed.

   

3. To Tenant. Write the full name of each tenant who receives the notice.

   

4. FACTS: the rental agreement. Enter the date and city of the rental agreement, the names of the tenant and the landlord, and the address of the property.

   

5. NOTICE: date to vacate and monthly rent. Enter the date the tenant must vacate. The form words this as a date at least sixty days after service of the notice. Add who receives possession if it is not the landlord. Then enter the monthly rent and its due date.

   

6. Prorated rent and security deposit. Enter the prorated rent through the date to vacate and its due date. Then enter the amount of the security deposit. The form says items left blank or unchecked are not applicable.

   

7. Reason for termination and date. State the reason for termination in item 10. Then enter the date and year above the landlord or agent line.

   

8. Landlord or agent, signature and address. Print the name of the landlord or agent. Add the CalBRE number if it applies. Sign the form and enter the address.

   

9. Phone, cell, fax and e-mail. Add the phone, cell, fax and e-mail of the person who signed. The tenant can use them to arrange the review of the premises in item 7.

   

What the 60-Day Notice to Vacate Tells the Tenant

The printed text of the form speaks to the tenant directly. It lists the rent due before the move-out date, how the security deposit is handled, and what happens if the tenant stays past the date. These points come from the form itself, not from this page.

• The form says the landlord will send a written statement of any deductions from the deposit, with a refund of the rest, within 21 days after the tenant vacates.
• It lists the amounts a landlord may deduct: unpaid rent, damage beyond ordinary wear and tear, cleaning when necessary, and loss or excessive wear on furnishings.
• It says the landlord may show the home to prospective tenants during normal business hours after giving written notice 24 hours in advance.
• It asks the tenant to contact the signer to arrange a review of the condition of the home before moving out.
• It warns that legal proceedings may follow if the tenant does not vacate by the date set, to regain possession and to recover rent owed, costs and attorney fees.
• It adds a notice that former tenants may reclaim abandoned personal property, subject to certain conditions.

How to Deliver the 60-Day Lease Termination Notice

Delivery comes after the form is signed. Many landlords hand the notice to the tenant or mail it to the rental address. Whichever way you choose, keep a record of the date and the method, because the notice must come 60 days or more before the proposed date of termination.^[1]

1. Pick a proposed date of termination that is 60 days or more after the day you plan to give the notice.^[1]
2. Give the notice to the tenant in person or send it by first-class mail to the rental address. Some landlords also tape a copy to the door, but a delivered or mailed copy is easier to prove later.
3. Ask the tenant to sign a receipt, which shows when the notice arrived.
4. Keep a copy of the signed notice and a note of the delivery date.
5. Use our deadline calculator to count the 60 days from the delivery date.

If you also need the lease itself, see our California rental lease forms. For other kinds of landlord notices, see our California eviction notice page.

General information, not legal or tax advice.

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Sources

Unless noted otherwise, the sources below are from the California Civil Code, published by the California Legislative Information.

1. California Legislative Information. California Civil Code § 1946.1.

Jennifer M. Settles

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With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.