Updated on August 11, 2023
The California 60-Day Notice to Vacate Form is a crucial legal document utilized by residential landlords in California. This form is specifically designed to notify tenants who have been residing on the property for one year or more of the termination of their tenancy. It provides tenants with a 60-day notice period to vacate the premises.
The use of this form is standard practice when a landlord, for various potential reasons, wishes to reclaim the property but needs to give a longer notice period due to the duration of the tenant’s stay. If tenants fail to vacate the property within the specified 60 days, the landlord has the right to initiate legal proceedings to recover possession of the property, along with any due rent, treble damages, court costs, and attorney’s fees.
Overview of the Form
- Tenant Information (Page 1): This section captures the full names of all tenants and subtenants, along with the address of the rental property.
- Notice Details (Page 1): The landlord officially informs the tenant of the termination of tenancy at the end of a sixty-day period after the notice is served.
- Financial Obligations (Page 1): This part clarifies that the termination of tenancy does not absolve the tenant of any financial obligations for rent owed until the actual termination date.
- Initial Inspection Rights (Page 1): This section informs the tenant of their right to request an initial inspection of their unit and to be present during that inspection.
- Reason for Termination (Page 1): The landlord provides a reason for terminating the tenancy.
- Date and Signatures (Page 1): This area is for the landlord or agent to date and sign the notice, providing it with legal validity.
- Contact Information (Page 1): Details of the landlord or agent, including phone numbers, email, and physical address.
How to Use
Landlords or their agents should meticulously fill out the California 60-Day Notice to Vacate Form, ensuring all tenant details are accurately captured. It’s vital to provide the correct address of the rental property, the date by which the tenant should vacate the premises, and any financial obligations the tenant may still have. Once completed, the notice should be served to the tenant. Common methods include delivering in person, sending via registered or certified mail, or posting conspicuously on the property and mailing a copy the same day.
When to Use
Landlords should use the California 60-Day Notice to Vacate Form when they wish to terminate a tenancy for a tenant who has resided on the property for one year or more. This form offers a longer notice period, recognizing the extended duration of the tenant’s stay. It ensures landlords follow a legal procedure when intending to reclaim their property from long-term tenants.
Relevant California Civil Code
The California 60-Day Notice to Vacate Form operates under specific sections of the California Civil Code. Particularly, Section 1946.1 provides the framework for terminating tenancies and stipulates the 60-day notice for tenants residing for more than a year. For precise and up-to-date information, it’s always recommended to consult the current version of the California Civil Code or seek legal counsel.
- Calif. Civil Code § 1946.1
- Calif. Civil Code §1950.5(f)
What distinguishes the California 60-Day Notice to Vacate Form from other eviction notices?
This form specifically caters to situations where the tenant has resided on the property for more than a year, granting them a longer 60-day notice period to vacate.
After receiving a 60-Day Notice, can a tenant vacate before the 60 days are up?
Yes, a tenant can choose to vacate the property before the 60-day period concludes. However, they might still be responsible for the rent due for the entire notice period unless otherwise agreed upon.
What can a tenant do if they believe the 60-Day Notice was wrongly served?
It’s essential for tenants to consult legal advice immediately if they feel the notice was unjustly given. They may have rights or defenses that could prevent or delay the eviction.
Do landlords need a specific reason to serve a 60-Day Notice to Vacate in California?
While this form can be used for no-fault evictions, landlords might need to provide a reason for the termination in certain jurisdictions or under specific rental agreements.
Can landlords serve a 60-Day Notice if the tenant has lived on the property for less than a year?
Typically, for tenancies less than a year, a 30-Day Notice is more appropriate. However, landlords should always check local regulations and consult with legal professionals.