Cal. Civ. Code § 1946
California Civil Code
Operative Text
(a) A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, 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 before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time the tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give the notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of the notice or by delivering a copy to the agent personally. The notice given by the lessor shall also contain, in substantially the same form, the following: “State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.” (b) A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.
California Civil Code § 1946 governs how month-to-month and other open-ended residential tenancies can be ended by either party. For month-to-month arrangements, at least 30 days' written notice is required from either the landlord or the tenant, with rent remaining owed through the termination date. The statute also specifies acceptable delivery methods for the notice, requires landlord-issued notices to include a standardized statement about a tenant's right to reclaim abandoned personal property, and prohibits charging any fee for delivering the notice itself.
Plain English — not legal advice.
Under Cal. Civ. Code § 1946, operators of month-to-month tenancies generally provide at least 30 days' written notice before the intended termination date and ensure that notice is delivered through one of the methods the statute recognizes—such as personal service, certified or registered mail, or the methods outlined in Code of Civil Procedure § 1162. Compliant landlord-issued notices include the verbatim or substantially similar abandoned-property advisory language the statute requires. Importantly, § 1946(b) prohibits passing any fee for serving, posting, or delivering that notice on to the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1946 gives tenants the right to terminate a month-to-month tenancy by providing at least 30 days' written notice, and it equally requires a landlord to give that same minimum notice before ending the tenancy. If a landlord's termination notice omits the required abandoned-property advisory language, or if a landlord attempts to charge a fee for delivering the notice in violation of § 1946(b), a tenant may have grounds to raise those deficiencies—options can include raising the issue as a defense in an unlawful detainer proceeding, filing a complaint with a local rent board where one exists, or reaching out to a tenant-rights organization for guidance on available paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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