Is it legal for a landlord to require 90 days' notice to terminate an apartment rental agreement?

Full question:

Is it legal for a landlord to require 90 days' notice to terminate an apartment rental agreement? I have lived in the apartment for two years; the first year was one a one-year lease, but then it converted to a month-to-month arrangement.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: California

Answer:

In CA, you must give the landlord the same amount of notice as there are days between rent payments. This means that if you pay rent monthly, you must give the landlord written notice at least 30 days before you move. If you pay rent every week, you must give the landlord written notice at least seven days before you move.

The following are CA statutes:

1945.5. Notwithstanding any other provision of law, any term of a
lease executed after the effective date of this section for the
hiring of residential real property which provides for the automatic
renewal or extension of the lease for all or part of the full term of
the lease if the lessee remains in possession after the expiration
of the lease or fails to give notice of his intent not to renew or
extend before the expiration of the lease shall be voidable by the
party who did not prepare the lease unless such renewal or extension
provision appears in at least eight-point boldface type, if the
contract is printed, in the body of the lease agreement and a recital
of the fact that such provision is contained in the body of the
agreement appears in at least eight-point boldface type, if the
contract is printed, immediately prior to the place where the lessee
executes the agreement. In such case, the presumption in Section
1945 of this code shall apply.

Any waiver of the provisions of this section is void as against
public policy.

 

 

 

1946. 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 his 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 such 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 such 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
such notice or by delivering a copy to the agent personally.

 

 

 

1946.1. (a) Notwithstanding Section 1946, a hiring of residential
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
his or her intention to terminate the tenancy, as provided in this
section.

 

(b) An owner of a residential dwelling giving notice pursuant to
this section shall give notice at least 60 days prior to the proposed
date of termination. A tenant giving notice pursuant to this section
shall give notice for a period at least as long as the term of the
periodic tenancy prior to the proposed date of termination.

 

(c) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if any tenant
or resident has resided in the dwelling for less than one year.

 

(d) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if all of the
following apply:

 

(1) The dwelling or unit is alienable separate from the title to
any other dwelling unit.

 

(2) The owner has contracted to sell the dwelling or unit to a
bona fide purchaser for value, and has established an escrow with a
licensed escrow agent, as defined in Sections 17004 and 17200 of the
Financial Code, or a licensed real estate broker, as defined in
Section 10131 of the Business and Professions Code.

 

(3) The purchaser is a natural person or persons.

 

(4) The notice is given no more than 120 days after the escrow has
been established.

 

(5) Notice was not previously given to the tenant pursuant to this
section.

 

(6) The purchaser in good faith intends to reside in the property
for at least one full year after the termination of the tenancy.

 

(e) After an owner has given notice of his or her intention to
terminate the tenancy pursuant to this section, a tenant may also
give notice of his or her intention to terminate the tenancy pursuant
to this section, provided that the tenant's notice is for a period
at least as long as the term of the periodic tenancy and the proposed
date of termination occurs before the owner's proposed date of
termination.

 

(f) The notices required by this section 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.

 

(g) This section may not be construed to affect the authority of a
public entity that otherwise exists to regulate or monitor the basis
for eviction.

 

(h) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.

 

 

1946.5. (a) The hiring of a room by a lodger on a periodic basis
within a dwelling unit occupied by the owner may be terminated by
either party giving written notice to the other of his or her
intention to terminate the hiring, at least as long before the
expiration of the term of the hiring as specified in Section 1946.
The notice shall be given in a manner prescribed in Section 1162 of
the Code of Civil Procedure or by certified or registered mail,
restricted delivery, to the other party, with a return receipt
requested.

 

(b) Upon expiration of the notice period provided in the notice of
termination given pursuant to subdivision (a), any right of the
lodger to remain in the dwelling unit or any part thereof is
terminated by operation of law. The lodger's removal from the
premises may thereafter be effected pursuant to the provisions of
Section 602.3 of the Penal Code or other applicable provisions of
law.

 

(c) As used in this section, "lodger" means a person contracting
with the owner of a dwelling unit for a room or room and board within
the dwelling unit personally occupied by the owner, where the owner
retains a right of access to all areas of the dwelling unit occupied
by the lodger and has overall control of the dwelling unit.

 

(d) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.