Instructions for Serving Tenant's Notice to Terminate
Instructions for Serving Tenant's Notice to Terminate
Month-to-Month Tenancy
A month-to-month tenancy may be terminated by either the landlord or the tenant simply by giving written notice from one side to the other. Unless the rental agreement or lease provides for a different time period, the notice to terminate must be given to the landlord at least 30 days before the tenant moves out. (See Civil Code section 1946). The tenant can still move out in less than 30 days, but he or she may be liable for the rent for the full 30 day period.
Notice may be given by personally delivering the written notice to the landlord, or to the landlord's agent to whom rent has been paid, as provided in Code of Civil Procedure section 1162, or by mailing the notice to the landlord, or his or her agent, by certified or registered mail.
If the notice is sent by certified mail, request a return receipt card from the post office for proof of delivery. If the landlord refuses to sign for receipt of the notice, it is treated as if he or she in fact received it.
If notice is personally delivered, complete the following proof of service for a record of when the notice was received by the landlord:
PROOF OF SERVICE
I, , the undersigned, being at least eighteen years of
age, served the Notice to Terminate Month-to-Month Tenancy on
the landlord landlord's agent, as follows:
On I delivered the notice to the o landlord o landlord's agent personally.
On , I delivered the notice to a person of suitable age and discretion at the address where I pay my rent each month, after having attempted personal
service. On I mailed a second copy to the landlord at the place where I pay my rent.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(Signature of Person Serving Notice)
................
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