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Commonly Asked Questions about Termination of Residential Lease Forms

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.
You may be able to legally move out before the lease term ends in the following situations: You or a Family Member Are a Victim of Domestic Violence, Sexual Assault, Stalking, or Elder Abuse. You Are Starting Active Military Duty. The Rental Unit Is Unsafe or Violates California Health or Safety Codes.
Just cause eviction protection: After living in a unit for 12 months or more, month to month tenants cannot be evicted without the landlord having a valid, just cause reason outlined in California law. This includes failure to pay rent, lease violations, or criminal activity.
Written notice must include: Termination date: The law says, the termination date must be effective no earlier than thirty days after the date on which the next rental payment is due (after the notice is delivered). The notice is considered delivered five days after mailing.
Typically, the landlord or property manager allows their tenant to break the lease early as long as they pay for a penalty fee. The fee is usually equal to two months of rent, and the tenant should give their landlord at least 30 days of notice.
The new law, California Civil Code Section 1946.2, prohibits landlords from terminating tenancy without just cause once a tenant has continuously and lawfully occupied the rental unit for 12 months.
A tenancy without a fixed end date, such as month-to-month, is considered a periodic tenancy. When your property is leased on a periodic basis the landlord must provide either 30 or 60 days notice to the tenant of the intent to terminate the tenancy.
If you need to terminate your month to month lease, you must give 15 days notice prior to the end of any month. If you give less than 15 days, the notice will not be valid. As a result, the lease will not be terminated. If you are a Landlord and give 15 days or more notice and they refuse to leave, you can evict them.