Do I Have to Give 30-Day or 60-Day Notice to Vacate

[Slim The Landlord]

My question involves landlord-tenant law in the State of: California

I have a question about 30-day or 60-day notice to vacate.

Tenant moved in August 1, 2018 as tenant at will (paid no rent).
July 1, 2019 he signed a month-to-month lease and began paying rent.

I have decided end the tenancy. Do I have to give 30-day or 60-day notice to vacate?

Here’s what I found about 30-day or 60-day notice:
1946.1. (b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. 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.

(c) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.

The tricky part I see is “has resided in the dwelling”

He has lived in the house for more than a year. But he has only been renting the house for 3 months.
If I serve him a 30-day notice to vacate, and he does not vacate in 30 days, I will serve him with an Unlawful Detainer. Will the 30-day vs 60-day notice to vacate become an issue? Will he have grounds to quash because I didn’t give a 60-day notice?

[llworking]

My question involves landlord-tenant law in the State of: California

I have a question about 30-day or 60-day notice to vacate.

Tenant moved in August 1, 2018 as tenant at will (paid no rent).
July 1, 2019 he signed a month-to-month lease and began paying rent.

I have decided end the tenancy. Do I have to give 30-day or 60-day notice to vacate?

Here’s what I found about 30-day or 60-day notice:
1946.1. (b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. 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.

(c) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.

The tricky part I see is “has resided in the dwelling”

He has lived in the house for more than a year. But he has only been renting the house for 3 months.
If I serve him a 30-day notice to vacate, and he does not vacate in 30 days, I will serve him with an Unlawful Detainer. Will the 30-day vs 60-day notice to vacate become an issue? Will he have grounds to quash because I didn’t give a 60-day notice?

I think it would be safer to give him 60 days notice since he resided in the dwelling for more than a year. You would hate to have to start over from scratch if the judge decides you didn't give enough notice.

[adjusterjack]

(c) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.[/INDENT]

The tricky part I see is “has resided in the dwelling”

Not tricky at all. The statute distinguishes between "tenant or resident." He became a resident 8/1/18, more than a year ago. 60 days notice is required.

Give him the 60 day notice. Has to be in writing, on paper (no text, no email, though you can duplicate the written notice that way if you want).

Or, you can offer him "cash for keys" and pay him to leave or waive the rent if he leaves sooner.

If you don't want to go that route and he fails to pay rent on the due date, you hit him with a 3 day pay or quit notice (excluding Sat and Sun) also in writing. If he still doesn't pay you, immediately file for eviction in court and you may be able to get him out sooner.

See 1161 Paragraph 2:

http://leginfo.legislature.ca.gov/fa...ectionNum=1161.

If he gets hostile or abusive you file for a restraining order and the police will remove him quickly.

What you do depends on how fast and how badly you want him out. But now you know your options.

[pg1067]

If you're the tenant, you need to give 30 days' notice; if you're the landlord, you need to give 60 days' notice.

[Slim The Landlord]

Just wanted to give an update. I followed the advice given here and the tenant is now out of the property. Thanks for all the info! I am getting ready to put the house on the market. I never wanted to be landlord!

Thanks!

[adjusterjack]

Good for you. You'll sleep better.

[pg1067]

[deleted - didn't notice that the OP resurrected an old thread]