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How to count the days for a 60 day notice to vacate in CA and what are the ways for the notice to be served?

Pittsburg, CA |

I want to take the rental property back for my own use. Since the tenants have been living in the house for more than 1 year, can you please confirm that a 60 day notice to vacate is the correct notice to serve? In addition, how do you count the number of days, if I serve the notice to the tenant on 1/1/2013, what is the date for the 60th day? Moreover, what are the different ways to serve the notice to the tenant in CA? What information should be included in the 60 day notice to vacate? Thank you.

Attorney Answers 1

Posted

Assuming the tenant is a month to month tenant and not on a fixed term lease, if the tenant has been a tenant for more than 12 months, a 60 day written notice of termination is required. The contents of what is required in a notice is set forth in Code of Civil Procedure section 1161.

The 60 days is calendar days, so you just add 60 days to whenever you serve the notice.

A 60 day notice can be served via any of the methods set forth under Code of Civil Procedure section 1162, as well as by certified mail. Section 1162 provides:

"(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and
from his or her usual place of business, by leaving a copy with some
person of suitable age and discretion at either place, and sending a
copy through the mail addressed to the tenant at his or her place of
residence.
(3) If such place of residence and business cannot be ascertained,
or a person of suitable age or discretion there can not be found,
then by affixing a copy in a conspicuous place on the property, and
also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the
tenant at the place where the property is situated. Service upon a
subtenant may be made in the same manner."

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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