Can California Tenants Waive Their Right to Thirty or Sixty-Day Termination of Tenancy Notices?
Under California Civil Code section 1946, California tenants are entitled to written notice when the landlord seeks to terminate a tenancy. California Civil Code §§ 1946, 1946.1. Specifically, the landlord must provide thirty (30) days’ notice where the California tenant only resides in their rental unit for less than one (1) year. California Civil Code § 1946.1(c). Where the California tenant resides in their rental unit for over one (1) year, the landlord must provide at least sixty (60) days’ advanced written notice. California Civil Code § 1946.1(b). A landlord’s failure to comply with California law’s advanced written notice requirements renders a termination of tenancy notice void. California tenants may never waive their notice rights by allowing the landlord to provide shorter notice. California Civil Code § 1953(a)(3).
Unless the parties agree to shorter notice, California tenants with month-to-month tenancies must provide, by default, thirty (30) days’ written notice when serving a notice to vacate on the landlord. California Civil Code § 1946. California Civil Code section 1953 also operates to protect California tenants here by invalidating any lease provision requiring a California tenant to provide more than a thirty (30) day notice to vacate their rental unit. California Civil Code § 1953(a)(3); Gersten Companies v. Deloney, 212 Cal. App. 3d 1119, 1128 (1989). Because a longer notice to vacate period hurts tenants, forcing California tenants to agree to a longer notice period runs contrary to Civil Code section 1953, which the California Legislature enacted to protect residential tenants. Such a provision is null and void as it is against public policy.
- Palo Alto Rent Ordinance Basics
- Affordable Security Deposits for California Tenants Beginning on July 1, 2024
- California Prohibits Employers From Restricting California Workers with Noncompete Agreements
- California Requires Written Notice to California Workers that Noncompete Agreements are Void
- Can The Landlord Turn Off The Water in California?