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?

Asked about 2 years ago - 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)

  1. Frank Wei-Hong Chen

    Contributor Level 20

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    Answered . 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... more

Related Topics

Notice to vacate property

A notice to vacate is a written notice from a landlord telling a tenant to move by a certain date. Often you'll have 30 days to leave, but state laws vary.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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