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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37803
Experience:  16 years real estate, Realtor. Landlord 26 years
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How much notice to give tenants notice to term month to month

Customer Question

How much notice to give tenants notice to term month to month lease in California? I am selling property. Can u email notice?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will do whatever I can to help...Can you tell me how long the tenants have lived there?..thanksBarrister
Customer: replied 2 years ago.
4 years
Expert:  Barrister replied 2 years ago.
Ok, under CA law (CA Civil Code 1946.1) if a tenant has lived somewhere over a year, then the landlord has to give them a 60 day notice to terminate a month to month tenancy. This notice must be in writing (physical paper form) and delivered to the tenant personally or can be served by a sheriff or constable if the landlord chooses..If the tenant doesn't then vacate within that 60 days, the landlord can then file a formal eviction action, called an unlawful detainer, to get a judgment against them and a writ of possession that the sheriff can execute to physically remove them. Time...about 3 weeks after the 60 day notice expires....thanksBarrister
Customer: replied 2 years ago.
Does it need to be a formal written document or can we just type the notice with the info? Tx
Expert:  Barrister replied 2 years ago.
There is not a specific form that is required, but you can use this template:.
Customer: replied 2 years ago.
Thank you!
Expert:  Barrister replied 2 years ago.
You are very welcome. Glad to help any time...
If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanks muchBarrister