What Is This Notice to Quit Used for?
60-Day Notice Quit (blank draft provided at the end) is used in California by a landlord to initiate the formal process of removing a tenant from a leased rental unit where the tenant has had a residency for less than a year and is on a month-to-month lease. This is somewhat rare in California since most landlords prefer to start with a one-year lease and allow the tenant to become month-to-month after the lease ends.
It's important to note this notice must be used if the tenant has lived in the home for more than one year. The 30-Day Notice is equivalent but only used when the tenant has lived at the home for less than one year.
When Should a Landlord Use a 60-Day Notice to Quit
As the state has outlined the 60-Day Notice to Quit is reserved for instances where you want a month-to-month tenant who has been at the property for more than a year to end their tenany. This new form and requirement was initially codified in 2019 with the Tenant Protection Act, even though it is similar to the older 15-Day Notice to Quit, which is no longer used for new disputes.
This 60-Day Notice can only be used when the tenant has lived at the property for less than one year. The new law also requires the landlord to have a just cause (or legal reason) for demand the tenant to leave. In general, rent increases and various demographic factors are not good enough reasons to evict a tenant in California.
It's also important to note that various cities in California have their own, more restrictive landlord-tenant laws which govern these disputes. For example, San Francisco requires several additional forms, filings, and waiting periods when the 60-Day Notice to Quit is used, and a landlord may be unable to evict a tenant using this notice at all. If you are located in a large city that has strict rent control laws, your best bet is to contact a local attorney who can guide you through the process.