In California you give a month-to-month tenant at least 60 days' written notice once they've lived in the home a year, and 30 days if it's been less (Civil Code 1946.1). A sale can shorten 60 days to 30 only when you're in escrow with a buyer who'll live there, and that shortcut doesn't help if AB 1482 protects the tenant: after 12 months a covered tenant can only be given notice for a listed just cause, and selling isn't one.
You own a rental in or around Sacramento with a tenant in it, you want to sell, and you need to know whether you can give notice, how much, and what happens if the tenant doesn't go.
California notice to vacate at a glance
| Tenant there under a year | 30 days' written notice (Civil Code 1946.1(c)) |
|---|---|
| Tenant there a year or more | 60 days' written notice (1946.1(b)) |
| Sale to an owner-occupant | 30 days if all six 1946.1(d) conditions are met |
| AB 1482 covered, 12+ months | Notice only for a just cause; no-fault needs one month's relocation |
| City TPP covered unit | 120 days for owner move-in or withdrawal |
| Service | CCP 1162 methods, or certified or registered mail |
| Tenant's time to answer an eviction suit | 10 court days after service (CCP 1167) |
60-day notice to vacate in California: the basic rule
Civil Code 1946.1 governs ending a periodic tenancy, which for most rental houses means month-to-month. It sets a minimum notice for the owner based on how long the tenant has lived there, and the notice must be in writing.
60-day notice when the tenant has lived there a year
Under section 1946.1(b), an owner must give notice at least 60 days before the termination date. This is the default for a tenant who has been in the house a year or more, which describes most tenants in a house an owner is tired of.
30-day notice when the tenant has lived there under a year
Section 1946.1(c) cuts the owner's notice to 30 days if any tenant or resident has lived there less than one year. Count from when they moved in, not from the date of the latest lease.
Tenant notice to vacate in California
A tenant who wants to leave gives notice at least as long as the rent period: 30 days on a month-to-month. Once you've given your notice, section 1946.1(e) lets the tenant give their own notice to leave earlier, as long as it's at least one rent period long. That's useful during a sale: a tenant who finds a place fast can go before your date.
These periods are only minimums. A notice that's long enough can still be void if the tenancy needs just cause and the notice doesn't state one, which is the part most sellers miss. This page is general information, not legal advice; a California landlord-tenant attorney should review any notice before you serve it.
The 30-day notice when you sell to an owner-occupant
Section 1946.1(d) lets an owner give 30 days instead of 60, even to a tenant of more than a year, when a sale is underway. Every one of six conditions must be true.
The property can be sold on its own title
The house or unit has to be alienable separate from the title to any other dwelling unit. A single-family house on its own lot or a condo fits; one unit of a duplex on a single parcel doesn't.
A signed sale and an escrow opened for the property
You've contracted to sell to a bona fide purchaser for value, and escrow is open with a title insurer, an underwritten title company, a licensed escrow agent or a licensed real estate broker. A listing alone isn't enough.
The property buyer is a person, not a company
The purchaser must be a natural person or persons. An LLC, corporation or trust buying the house rules out the 30-day notice.
The notice goes out within 120 days of opening escrow
The notice must be given no more than 120 days after escrow was established. If escrow stretches or reopens, check the date before serving.
No earlier notice to the tenant under section 1946.1
You can't use the 30-day notice if you've already given the tenant a notice under this section. You get one shot.
The buyer will live in the property for a year
The purchaser must in good faith intend to live in the home for at least one full year after the tenancy ends. Get that in writing from the buyer; it's your evidence if the notice is challenged.
Read those six conditions next to AB 1482 and the shortcut gets narrow. It shortens the time on a notice you're allowed to give; it doesn't create a reason to give one. For a tenant past 12 months in a house AB 1482 covers, there's still no just cause, so section 1946.1(d) mainly helps on an exempt house.
When AB 1482 blocks a notice to vacate
California's Tenant Protection Act adds a step before any notice: once a tenant has lawfully lived in a covered home for 12 months, the owner can end the tenancy only for a just cause listed in Civil Code 1946.2, and must state it in the notice. A sale isn't on the list. The full rules, exemptions and rent cap are in the AB 1482 guide for Sacramento owners; these are the parts that shape a seller's notice.
No-fault eviction in California needs a listed reason
The no-fault reasons are owner or close-family move-in, withdrawing the home from the rental market, a government or court order, and demolition or a substantial remodel. Withdrawal sounds like selling vacant, but the statute doesn't define it, and a notice built on a reason that doesn't fit is void. Ask an attorney before using it to clear a house for a sale.
Relocation fee with a no-fault notice
A no-fault notice to a covered tenant must offer one month's rent as relocation assistance, paid within 15 calendar days of serving it, or waive the final month's rent in writing before it's due. The notice must say so, and any mistake voids it.
Owner move-in notice from your buyer
A buyer who wants to live in the house becomes the owner at closing and could then use owner move-in, but for leases signed since July 1, 2020 only if the tenant agrees in writing or the lease allows it. Since SB 567, the notice must name who is moving in and their relationship to the owner, they must move in within 90 days and stay 12 months. That's a 60-day notice after closing, plus relocation, which is why most buyers won't close on a covered, occupied house expecting it empty.
When a 30 or 60-day notice works without just cause
No just cause is needed while the tenant is under 12 months, or for a house exempt from AB 1482: built within the last 15 years, or one not owned by a REIT, corporation or LLC with a corporate member, with the statutory exemption statement in the lease. Those are the cases where a plain 60-day notice, or a 30-day sale notice, can end the tenancy.
Sacramento's 120-day notice for covered rentals
Inside Sacramento city limits, apartments and duplexes built on or before February 1, 1995 fall under the City's Tenant Protection Program (City Code chapter 5.156) instead of AB 1482. Single-family dwellings and condos are exempt from it. For a covered unit with a tenant past 12 months, the City's no-fault reasons each carry a longer notice:
- Owner move-in: at least 120 days' written notice; the landlord must be a natural person with at least 51% ownership, moving in themselves or immediate family for 12 months. The City's procedures require filing a notice of intent with the program within 30 days of the termination notice.
- Withdrawal from the rental market: 120 days, every unit on the parcel off the market for at least 12 months, with a notice of intent filed with the City first.
- Necessary repairs: 120 days, permits in hand, and the tenant's right to return.
The City's ordinance doesn't list a sale as a reason either. Registration, the rent cap and the rest of the City's rules are on the Sacramento rental rules page.
Fixed-term leases: can a landlord break a lease to sell?
A sale doesn't end the lease
A lease for a set term runs to its end date whoever owns the house. Selling doesn't cancel it, and Civil Code 1950.5(i) shows how the law expects the tenancy to carry on: when your interest ends by sale, you transfer the deposit to the buyer, or return it, and tell the tenant. The buyer steps in as landlord.
Ending a lease early by agreement with the tenant
The only routes to an early end are a clause in the lease that allows it, or the tenant agreeing in writing, usually for money. That's covered in cash for keys in California.
When the lease term ends and the tenant stays
For a tenant under 12 months or in an exempt house, the tenancy can end with the term. For a covered tenant past 12 months, the end of the term isn't a just cause on its own; refusing a written request to renew on similar terms is an at-fault reason, but that only applies if you offered the renewal. In a City-covered unit, the ordinance requires you to offer renewal after 12 months.
What a valid notice to vacate contains
No state form exists for this notice. What the law requires is in the statutes, and missing one item can make the notice void.
- In writing, with the tenants' names, the property address and the date the tenancy ends, counted to give at least the full 30 or 60 days.
- The abandoned-property statement that section 1946.1(h) requires in substantially this form: state law lets former tenants reclaim property left behind, subject to conditions, and storage costs are lower the sooner they contact the landlord.
- The just cause, stated, if AB 1482 applies (Civil Code 1946.2(a)).
- The relocation statement and either the payment or the rent waiver amount, for a no-fault cause.
- Owner move-in details: the name and relationship of the person moving in, and that the tenant may ask for proof.
- No charge for serving it: section 1946.1(i) bars charging the tenant any fee for serving or posting the notice.
Can a 60-day notice be handwritten?
The statutes require written notice and list what it must say; neither section 1946.1 nor CCP 1162 says it must be typed. A legible handwritten notice with every required statement meets the wording of the law. The disclosure AB 1482 requires in leases is the item with a 12-point type rule. In practice, type it: a judge has to read every required line, and a typed notice with a signed proof of service is easier to defend.
How to serve a notice to vacate in California (CCP 1162)
Section 1946.1(f) allows two routes: a method in Code of Civil Procedure 1162, or sending a copy by certified or registered mail.
Personal delivery of the notice
Hand a copy to the tenant. It's the cleanest proof and starts the clock that day.
Substituted service of the notice plus mailing
If the tenant is away from home and work, leave a copy with someone of suitable age and discretion at either place, and mail a copy to the tenant's home.
Post-and-mail service of the notice
If neither place can be found or no suitable person is there, post a copy in a conspicuous place on the property, give a copy to anyone living there, and mail one to the tenant at the property.
Serve every adult tenant on the lease. Whoever serves it should sign a proof of service with the date and method, and keep a copy of what was served.
If the tenant stays after the notice ends
Can a tenant be evicted immediately?
No. In California only a court can order a tenant out, and only a sheriff can carry it out. Civil Code 789.3 bars a landlord from changing the locks, removing doors or windows, taking the tenant's belongings or cutting utilities to force them out; the tenant can recover damages plus up to $100 a day, at least $250 per violation, and attorney's fees.
The unlawful detainer case after a notice expires
When the notice period ends and the tenant is still there, the owner files an unlawful detainer (eviction) case in Superior Court. After being served, the tenant has 10 court days to file a response under CCP 1167, as amended effective January 1, 2025. If they respond, the case goes to trial; if not, the owner can ask for a default judgment.
Sheriff lockout after an eviction judgment
An owner who wins takes the writ to the sheriff, who serves a notice to vacate giving the tenant 5 days before returning to remove them. The California courts' self-help guide says the process can take 30 to 45 days or more from when the tenant is served.
For a sale, that timeline and the risk of a void notice are why many owners sell occupied or agree a move-out date with the tenant rather than file.
A notice decision list for a Sacramento seller
- How long has the tenant lived there? Under a year: 30 days and no just cause yet. A year or more: 60 days, and keep going.
- Is the house exempt from AB 1482? Certificate of occupancy within 15 years, or individual owners with the exemption statement in the lease. If yes, a 60-day notice works; if you're in escrow with an owner-occupant buyer, check all six 1946.1(d) conditions for 30 days.
- If covered, do you have a just cause? Selling isn't one. Owner move-in or withdrawal might fit, with one month's relocation and an attorney's review.
- Is it a pre-1995 duplex or apartment in city limits? Then the City's program applies: 120 days and a filing with the City.
- Is there a fixed term left? Then the tenant stays until it ends unless they agree otherwise.
- Would selling occupied net more? Compare an investor sale with the tenant in place against the time and cost of a vacant sale.
If the answers point to selling with the tenant, selling a rental with tenants covers showings and the deposit, and Justin can price the house both ways. The California-wide steps of the sale are in selling a rental property in California, and the starting point is selling your Sacramento rental.
Notice to vacate in California: seller questions
What is the required notice to vacate in California?
For an owner ending a month-to-month tenancy, Civil Code 1946.1 requires at least 60 days' written notice if the tenant has lived there a year or more and 30 days if under a year. If AB 1482 covers the home and the tenant has been there 12 months, the notice must also state a just cause. A tenant leaving gives at least one rent period's notice.
Can a tenant be evicted immediately in California?
No. After the notice period runs out, the owner must file an unlawful detainer case, the tenant has 10 court days to respond, and only a sheriff can remove the tenant after a judgment, with 5 days' notice. Changing locks, removing belongings or cutting utilities to force a tenant out is illegal under Civil Code 789.3 and carries daily penalties.
Can a 60-day notice be handwritten?
California law requires the notice to be in writing and to contain certain statements, and the notice statutes don't require typing. A legible handwritten notice with everything required, including the abandoned-property statement and any just cause, meets that wording. Typing it is still the safer choice, because a court must be able to read every required line.
Can a landlord break a lease to sell the property in California?
Not on their own. A sale doesn't end a fixed-term lease; the buyer takes over as landlord and the deposit transfers. The lease can end early only if it has a clause allowing it or the tenant agrees in writing, often for a payment. Once the term ends, AB 1482 may still require a just cause to end the tenancy.
Can I give a 30-day notice because I'm selling?
Only if every condition in Civil Code 1946.1(d) is met: the home can be sold separately, escrow is open, the buyer is a person who intends to live there a full year, notice goes out within 120 days of opening escrow, and no earlier notice was given. It also can't override AB 1482: a covered tenant past 12 months still needs a just cause.
Do I owe relocation money if I give notice to sell?
If AB 1482 covers the tenancy and you end it for a no-fault reason, yes: one month's rent paid within 15 calendar days of serving notice, or a written waiver of the final month's rent. A tenant under 12 months, or one in an exempt house, isn't owed it under the state law. A mistake in the relocation offer voids the notice.
How do I serve a notice to vacate in California?
Civil Code 1946.1(f) allows the methods in CCP 1162 or certified or registered mail. Under CCP 1162 you can hand it to the tenant, leave it with a suitable adult at their home or work and mail a copy, or, if neither works, post it on the property, give a copy to someone living there and mail one.
Sources
- California Civil Code 1946.1 (notice to terminate; 30-day sale notice)
- California Civil Code 1946.2 (just cause and relocation)
- California Code of Civil Procedure 1162 (service of notices)
- California Code of Civil Procedure 1161 (unlawful detainer, three-day notices)
- California Code of Civil Procedure 1167 (time to respond)
- California Civil Code 789.3 (lockouts and utility shutoffs)
- California Civil Code 1950.5 (security deposit on sale)
- California Courts self-help: eviction for landlords
- California Courts self-help: after the judge's decision
- California Attorney General: landlord-tenant issues
- Sacramento City Code chapter 5.156 (Tenant Protection)
- City of Sacramento: TPP administrative procedures
Reviewed by Justin Vierra
Justin reviewed this page for accuracy on October 28, 2026. Figures come from the sources listed above. Our research process.
Justin Vierra is a Sacramento Realtor® with GUIDE Real Estate and Principal of the Vierra Group who sells rental homes for their owners, with tenants in place or vacant. He spent six years in Midtown property management before he began selling homes in 2010.
- Since 2010Licensed in California, DRE #01880488
- 6 yearsManaging Midtown rental property before he sold homes
- 447Vierra Group team sales on Zillow, 26 in the past 12 months
- 440+Career sales, as reported by Justin
- Six years in property management: Midtown Sacramento: older buildings, multifamily property, maintenance and tenants
- Principal, Vierra Group: His team at GUIDE Real Estate, 3001 I Street, Sacramento
- Sacramento Real Producers: Top 250 agent for 2025, as reported by Justin
Realtor®, DRE #01880488. Vierra Group, GUIDE Real Estate, 3001 I St, Suite 200, Sacramento, CA 95816. General information, not legal, tax or financial advice.
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