California’s 2-Month Notice to Move Out Law in 2025
John David Sarmiento • March 18, 2025
Understanding Your Rights and Responsibilities
California law provides strong protections for tenants while ensuring landlords follow clear legal procedures when ending a lease. The Tenant Protection Act and Assembly Bill 2347 (AB 2347) set guidelines for the 2-month notice to move out requirement.
Whether you're a tenant or a landlord, understanding these rules helps ensure compliance and prevents legal disputes.
When Is a 60-Day Notice Required?
Under the Tenant Protection Act, landlords must provide a 60-day notice (two months) to tenants before terminating a lease in certain situations. This applies when the tenant has lived in the rental unit for 12 months or longer.
Exceptions to the 60-Day Notice Rule
A 30-day notice is sufficient if the tenant has lived in the rental for less than 12 months, unless:
- The property is being sold, and the new owner intends to occupy it.
- The tenant has violated lease terms or caused property damage.
- The tenant is engaged in illegal activities within the rental unit.
The 60-day notice law ensures tenants have enough time to find new housing while landlords comply with legal requirements.
Key Aspects of the Tenant Protection Act and AB 2347
The Tenant Protection Act of 2019, with updates from AB 2347, establishes rules that protect tenants from unjust evictions and outlines proper lease termination procedures.
1. Just Cause Evictions
- Landlords must have a legal reason to evict tenants, such as nonpayment of rent or lease violations.
- No-fault evictions (e.g., owner move-in, property renovations) require a 60-day notice for long-term tenants.
2. Month-to-Month Agreements
- If a tenant has lived in the property for less than 12 months, landlords must provide a 30-day notice.
- If a tenant has lived in the unit for 12 months or longer, the landlord must give a 60-day notice.
3. Tenant Protections
- Tenants have the right to dispute an eviction if the notice is invalid.
- Landlords cannot retaliate against tenants for exercising their rights.
4. Eviction Process Timeline
- If a tenant does not vacate after receiving proper notice, landlords must file for eviction in court.
- A tenant who stays beyond the notice period may face legal consequences.
When Is a 90-Day Notice Required?
In some cases, a 90-day notice is required instead of 60 days. These situations include:
- The tenant receives government housing assistance (e.g., Section 8).
- The rental unit is part of a local housing program requiring additional notice.
- The landlord plans major renovations that require the tenant to move.
Landlords should check their local housing regulations to confirm the required notice period.
What Happens If Proper Notice Is Not Given?
If a landlord fails to provide proper notice, tenants may have legal grounds to:
- Remain in the rental until a valid notice is served.
- File a complaint for wrongful eviction.
- Seek damages for improper lease termination.
If a tenant refuses to leave after receiving a legal 60-day notice, the landlord can begin the formal eviction process in court.
Rights and Responsibilities for Landlords
If a landlord plans to end a lease, following the correct legal steps helps avoid tenant disputes and legal penalties.
1. Providing Written Notice
- The notice must be in writing and delivered in person or by certified mail.
- It should include the move-out date and the reason for termination (if required).
2. Handling Security Deposits
- Landlords must return the security deposit within 21 days of move-out.
- Deductions for damages or unpaid rent must be itemized in a written statement.
3. Reporting Rental History
- Landlords may report lease violations or unpaid rent to credit agencies if allowed under California law.
What Should Tenants Do If They Receive a 60-Day Notice?
If a tenant receives a 2-month notice to move out, these steps can help them prepare:
1. Review the Notice
- Ensure the move-out date follows state law.
- Confirm the notice provides a valid legal reason (if required).
2. Plan the Move
- Start searching for a new rental property early.
- Prepare to vacate before the deadline to avoid legal action.
3. Negotiate with the Landlord
- Tenants may request an extension if more time is needed to relocate.
- Some landlords allow month-to-month agreements after a lease ends.
4. Understand Tenant Rights
- If the notice seems unlawful, tenants can seek legal advice.
- Local tenant protection groups can assist with disputes.
Conclusion: Staying Compliant with California Rental Laws
Key Takeaways
- 60-day notice is required for tenants who have lived in the unit 12 months or more.
- 30-day notice applies to tenants in the unit for less than 12 months.
- 90-day notice may be required for government-subsidized housing or significant renovations.
- Failing to provide proper notice can lead to legal disputes and financial penalties.
For landlords and tenants alike, staying informed about California rental laws ensures a smooth transition and protects everyone’s rights.
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