Civil Code § 1946.1(b) requires a 60-day written notice of termination for any residential tenant who has continuously occupied the unit for one year or more. Serve a 30-day notice on a long-term tenant and the unlawful detainer fails on a motion to quash. Serve a defective 60-day notice and lose months of revenue and legal fees. The 60-day notice is the workhorse of California no-fault termination, but its use is tightly limited by AB 1482 just-cause rules (Civ. Code § 1946.2), local rent control ordinances, and the relocation-assistance regime that no-fault terminations now trigger. Borna Houman Law represents Los Angeles County landlords on 60-day terminations with proper just cause, proper notice, and proper post-service compliance.
Key Takeaway: California Civil Code § 1946.1(b) requires a 60-day notice to terminate any residential tenancy of one year or more. For tenancies covered by AB 1482 (Civ. Code § 1946.2) or local just-cause ordinances, the landlord may not terminate without just cause and must satisfy the notice and relocation provisions for the underlying ground. A 60-day notice without a permissible just cause is a void instrument for AB 1482 tenancies.
When Is a 60-Day Notice Required in California?
Civil Code § 1946.1 distinguishes the notice period by length of tenancy. The triggering threshold is whether any tenant in the dwelling has resided in the unit for one year or more:
| Tenancy Length | Required Notice Period | Statute |
|---|---|---|
| Less than 1 year (any tenant) | 30-day notice | Civ. Code § 1946.1(c) |
| 1 year or more (any tenant) | 60-day notice | Civ. Code § 1946.1(b) |
| Section 8 / subsidized housing | 90-day notice | 24 C.F.R. § 982.310; federal voucher rules |
| Ellis Act withdrawal (general) | 120-day notice; 1-year notice for elderly/disabled tenants | Gov. Code § 7060.4 |
The most common mistake we see is a landlord computing the 12-month threshold from the named tenant’s signature on the lease, not from the first day any household member occupied the unit. Stancil v. Superior Court (2021) 11 Cal.5th 381 confirms that the 60-day requirement attaches once any tenant has resided continuously for one year or more. A roommate who moved in 13 months ago triggers the 60-day notice rule even if the lease was just signed 10 months ago.
What Just Cause Grounds Permit a 60-Day Notice Under AB 1482?
AB 1482 (Civ. Code § 1946.2), effective January 1, 2020, requires just cause for terminating tenancies of one year or more in covered properties. The 60-day notice is the operative instrument for most no-fault and many at-fault grounds. Civ. Code § 1946.2(b) enumerates the permissible grounds:
At-fault just cause (no relocation):
- Default in payment of rent;
- Breach of a material term of the lease (after notice and opportunity to cure under § 1946.2(c));
- Maintaining, committing, or permitting nuisance under CCP § 1161(4);
- Criminal activity by the tenant on or off the premises related to use of the dwelling;
- Assigning or subletting in violation of the lease;
- Refusal to execute a written extension of an expired lease on materially identical terms;
- Refusal to allow lawful entry as required by Civ. Code § 1954;
- Using the premises for an unlawful purpose;
- Failure to vacate after the employee’s tenancy was based on employment that terminated.
No-fault just cause (relocation required under § 1946.2(d)):
- Owner or qualifying relative move-in;
- Withdrawal of the unit from the residential rental market;
- Substantial remodel under § 1946.2(b)(2)(D) requiring vacancy of more than 30 days for permitted work;
- Compliance with a local ordinance, court order, or other government order to vacate.
SB 567 (effective April 1, 2024) tightened the substantial-remodel ground considerably, requiring detailed contractor documentation, contractor name and license number, and verification of post-vacancy occupancy for the qualifying relative or owner. A defective substantial-remodel claim now produces civil penalties of up to three times actual damages plus attorney fees and reasonable costs to the displaced tenant under Civ. Code § 1946.2(h).
How Do Local Rent Control Ordinances Affect the 60-Day Notice?
Los Angeles County is a patchwork of overlapping rent-stabilization regimes. The 60-day notice rule from Civ. Code § 1946.1 is the floor; local ordinances add additional grounds, additional relocation requirements, and additional procedural steps:
City of LA (LARSO). LAMC § 151.09 enumerates good causes for eviction. No-fault terminations require relocation assistance under LAMC § 151.09(G), with amounts that vary by household composition and tenancy length and ranging in 2026 from approximately $9,200 (qualified) to $24,650 (eligible plus senior/disabled/minor child). The LA Housing Department (LAHD) Declaration of Intent to Evict filing is required for many at-fault and all no-fault grounds before the 60-day notice is served.
Santa Monica. SMMC Chapter 1806 sets enumerated good causes. Santa Monica’s relocation amounts are among the highest in the state and adjust annually. The Rent Control Board enforces the program; pre-notice consultation with the Board is standard practice.
West Hollywood. WHMC Title 17 § 17.52 enumerates good causes; § 17.52.090 sets relocation. Owner move-in requires at least a 50% ownership interest and 36-month intended occupancy.
Beverly Hills. BHMC Title 4, Chapter 5 imposes its own just cause and relocation regime for covered units. The 2025 base relocation amount runs from approximately $7,500 to over $14,000 depending on tenancy and household composition.
In our experience, the highest-value diligence step before serving a 60-day notice in any LA County jurisdiction is verifying the current local relocation amount, the required local filings, and any pending tenant petition or city audit on the unit. Charging the wrong relocation amount produces statutory penalties; failing to file the required local Declaration produces a procedurally void notice.
What Must a Valid 60-Day Notice Contain?
Civ. Code § 1946.1(d) and (e) and Civ. Code § 1946.2(c) together govern the content of a no-fault 60-day notice. A compliant notice must:
- Identify the tenant and the premises. Use the legal description and the address on the rental agreement.
- State the termination date. The date must be at least 60 days after service. CCP § 1013 mail-extension days apply when service is by mail.
- State the just cause ground under § 1946.2(b). For example, “This tenancy is being terminated under Civil Code § 1946.2(b)(2)(A) because the owner intends to occupy the premises as a primary residence for at least 12 continuous months.”
- Identify the qualifying relative (for owner move-in) or contractor (for substantial remodel). SB 567 requires specific identification.
- State the relocation assistance offer. For no-fault terminations, the notice must include the relocation amount or waiver of the final month’s rent under Civ. Code § 1946.2(d).
- Comply with local ordinance requirements. For LARSO, Santa Monica, West Hollywood, Beverly Hills, Culver City, Inglewood, Glendale, Pasadena, and other ordinance jurisdictions, additional disclosures and filings are required.
- Be served properly under CCP § 1162 or by mail under Civ. Code § 1946. Personal service is the most defensible. Substitute service requires diligence on personal service first.
What Are the Most Common 60-Day Notice Defects?
The Los Angeles Superior Court UD departments see the same five defects week after week:
Wrong notice period for tenancy length. Serving a 30-day notice on a tenant who has been in possession for 14 months. The notice is void and the UD will be dismissed on motion.
Missing or insufficient just cause ground. A no-fault 60-day notice that simply says “your tenancy is terminated” without identifying the AB 1482 ground voids the notice for AB 1482 tenancies.
Inadequate relocation amount. Paying the state minimum (one month’s rent) for an LARSO unit when LAMC § 151.09(G) requires the city schedule. The schedule is the operative number.
Defective service. Service by mail without a proof of service, or substitute service without diligent personal-service attempts.
Acceptance of rent post-service. Continuing to deposit rent during the 60-day notice period waives the termination under EDC Associates, Ltd. v. Gutierrez (1984) 153 Cal.App.3d 167. The cleanest practice is to return any post-service rent payment by certified mail with a letter restating the termination.
Frequently Asked Questions
Does a tenant in California have to be told why I’m terminating the lease?
If the tenancy is covered by AB 1482 (Civ. Code § 1946.2) or a local just-cause ordinance, yes. The notice must identify the specific just cause ground. For Costa-Hawkins-exempt single-family residences and condominiums where a proper SFR exemption notice was given at lease execution and renewals, no just cause is required and the 60-day notice may be served without stated grounds. The SFR exemption notice itself is statutorily required and must include the specific language in Civ. Code § 1946.2(e)(8)(B).
What is the difference between a 30-day and a 60-day notice in California?
Civ. Code § 1946.1(c) requires a 30-day notice when no tenant has occupied the unit for more than one year. Civ. Code § 1946.1(b) requires a 60-day notice once any tenant has resided in the unit for one year or more. The threshold is occupancy length, not lease length.
Can a landlord shorten a 60-day notice?
No. Civ. Code § 1946.1 sets a statutory floor. The notice can be longer but not shorter. The tenant’s consent to a shorter period is not enforceable in a defended unlawful detainer because the statute is for the tenant’s benefit.
Does a 60-day notice need to be in writing?
Yes. Civ. Code § 1946.1(b) requires written notice. Verbal notice is void.
How is relocation assistance calculated for a 60-day no-fault notice?
For AB 1482 tenancies, Civ. Code § 1946.2(d) requires one month’s rent in relocation. For tenancies in LARSO, Santa Monica, West Hollywood, Beverly Hills, and other rent-controlled jurisdictions, the local ordinance often imposes a higher schedule based on tenancy length and household composition. The higher of state and local schedules controls.
What if the tenant refuses to leave after the 60-day notice expires?
The landlord may file an unlawful detainer complaint under CCP § 1161(5). The tenant has 5 days to answer once served (10 days during certain emergency periods, but the 5-day default rule is current). Once judgment is entered, the writ of possession is executed by the LA County Sheriff usually within 10 to 14 days.
Talk to a California Real Estate and Eviction Attorney
Borna Houman Law represents landlords, property owners, real estate investors, and HOA boards on residential terminations and unlawful detainers across Beverly Hills, Santa Monica, West Los Angeles, Brentwood, Pacific Palisades, Westwood, Century City, Bel Air, Culver City, West Hollywood, and the broader LA County market. We handle AB 1482 just-cause analysis, owner move-in compliance under SB 567, LARSO relocation calculations, Santa Monica and West Hollywood notice filings, and 60-day notice drafting that survives a motion to quash. Related reading: our guides on the 30-day notice rule, the California eviction process, owner move-in compliance under SB 567, and our LARSO compliance guide. For California statute reference, see the Civil Code on the Legislative Information site.
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Disclaimer: This article is general information about California 60-day notice requirements under Civil Code § 1946.1 and AB 1482 just-cause rules. It is not legal advice and does not create an attorney-client relationship. Local rent-control ordinances and relocation schedules update periodically; verify current figures with the applicable agency. For advice on a specific property or tenancy, consult a licensed California real estate attorney.
