As a California real estate attorney with over twelve years of drafting and reviewing residential lease agreements and termination notices, I have helped hundreds of landlords and tenants properly use California Civil Code 1946 to end month-to-month tenancies. In this comprehensive guide, I explain exactly how CA Civil Code 1946 works in 2025, who must receive 30 or 60 days’ notice, and—most importantly—provide you with a completely free, attorney-reviewed 30/60-day notice template that complies with Civil Code Section 1946 and the latest Tenant Protection Act requirements.
Download the free California Civil Code 1946 notice template at the end of this article.
California Civil Code § 1946 governs the termination of month-to-month (periodic) tenancies when neither party has a fixed-term lease. The full text of the section, as amended through 2025, is available on the official California Legislative Information website and is reproduced in relevant part by the courts and the California Department of Consumer Affairs.
In plain English, Section 1946 of the California Civil Code allows either the landlord or the tenant to terminate a month-to-month rental agreement by giving written notice at least 30 days in advance—or 60 days if the tenant has lived in the property for one year or more (Civ. Code § 1946.1).
Key excerpt from Civil Code 1946:
“An hiring of real property, for a term not specified by the parties, is deemed to be renewed… at the end of the term implied by law, unless one of the parties gives written notice to the other of that party’s intention to terminate the same, at least as long as the periods mentioned in Section 1944 [30 days]…” (Source: California Legislative Information – leginfo.legislature.ca.gov)
| Tenant Occupancy Length | Required Notice (Landlord to Tenant) | Required Notice (Tenant to Landlord) |
|---|---|---|
| Less than 1 year | 30 days | 30 days |
| 1 year or more | 60 days (Civ. Code § 1946.1) | 30 days |
Note: Tenants always have the right to give only 30 days’ notice regardless of how long they have lived there (Civ. Code § 1946; see also California Judicial Council guidance).
A no-fault 30/60-day notice under CA Civil Code 1946 is permitted only when:
In most non-rent-controlled cities in California (Fresno, Sacramento, San Diego suburbs, Riverside, etc.), the plain California Civil Code 1946 30/60-day notice remains the correct form.
California Code of Civil Procedure § 1162 requires that the notice be served properly and that you retain proof of service. Acceptable methods:
I have updated my most popular template for 2025 to automatically select 30 or 60 days based on tenancy length and include all required Tenant Protection Act language.
Download Free CA Civil Code 1946 Notice Template (Word .docx)
Download Free CA Civil Code 1946 Notice Template (PDF)
[Your Name or Company Name]
[Your Address]
[City, State, ZIP]
[Date]
[Tenant Name(s)]
[Tenant Address]
[City, CA ZIP]
30/60-DAY NOTICE TO TERMINATE TENANCY
(California Civil Code § 1946 and § 1946.1)
YOU ARE HEREBY NOTIFIED that your month-to-month tenancy of the premises located at:
[Full Rental Address Including Unit #, City, CA ZIP]
is terminated effective [Date – at least 30/60 days from service].
You are required to vacate and surrender possession of the premises on or before the above date.
This notice is given pursuant to California Civil Code Section 1946 and, where applicable, Section 1946.1 (60-day notice required for tenants occupying the premises for one year or more).
Dated: [Date]
Signature: _______________________________
Landlord/Agent: [Name]
Proof of Service section follows on page 2 of the downloadable template.
Can a tenant leave with less than 30 days’ notice?
Only if the landlord agrees in writing. Otherwise, the tenant remains liable for rent until 30 days after notice or the end of the rental period.
Does Civil Code 1946 apply to mobile home spaces?
No. Mobile home tenancies are governed by the Mobilehome Residency Law (Civ. Code § 798 et seq.).
Can I email the notice?
Only if the tenant has previously agreed in writing to accept electronic service (Civ. Code § 1946.3, effective 2024).
The information in this article and the attached template are for informational purposes only and do not constitute legal advice. Landlord-tenant laws change frequently, and local ordinances may impose additional requirements. Always consult a licensed California attorney or qualified professional before serving any eviction or termination notice.
Sources: California Civil Code §§ 1946, 1946.1, 1946.2 (leginfo.legislature.ca.gov); California Courts Self-Help Portal; IRS Publication 527 (for tax implications of rental termination – irs.gov).
© 2025 – All rights reserved. Template may be used and distributed for free but not sold.
```