Free Notice to Terminate Month-to-Month Tenancy
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Instructions for Serving Tenant's Notice to Terminate
Month-to-Month Tenancy
A month-to-month tenancy may be terminated by either the landlord or the tenant
simply by giving written notice from one side to the other. Unless the rental agreement
or lease provides for a different time period, the notice to terminate must be given to the
landlord at least 30 days before the tenant moves out. (See Civil Code section 1946).
The tenant can still move out in less than 30 days, but he or she may be liable for the
rent for the full 30 day period.
Notice may be given by personally delivering the written notice to the landlord,
or to the landlord's agent to whom rent has been paid, as provided in Code of Civil
Procedure section 1162, or by mailing the notice to the landlord, or his or her agent, by
certified or registered mail.
If the notice is sent by certified mail, request a return receipt card from the post
office for proof of delivery. If the landlord refuses to sign for receipt of the notic