The 30-Day or 60-Day Notice to Quit is generally used where the tenant hasn’t necessarily done anything wrong, but the tenancy is (or will soon be) month-to-month in nature, and the landlord simply wants the tenant to leave. The 30-day notice is appropriate where the tenant has been residing in the unit for less than a year, while the 60-day notice is necessary to terminate longer tenancies. (Note: rent-control and “just-cause” eviction laws, Section 8 housing, and post-foreclosure evictions impose additional requirements, so caution is imperative.)
The City of San Diego requires landlords to show just cause prior to evicting tenants of two years or more. Valid causes include nonpayment of rent, failure to perform a required lease term, nuisance, illegal use, refusal to renew a lease or provide access, the need to make lengthy repairs, and owner occupancy. This information is contained in San Diego Municipal Code section 98.0730.
There is no official form, but taking the following steps generally results in a valid 30-Day or 60-Day Notice to Quit:
- Conspicuously type “30-DAY NOTICE TO QUIT” or “60-DAY NOTICE TO QUIT” at the very top of the page to avoid ambiguity;
- Address the notice to each tenant whose name appears on the lease agreement, along with other known adult occupants;
- List the unit’s full address;
- Specifically state that the month-to-month tenancy will end within either 30 or 60 days of service, depending on the circumstances; and
- Sign and date the notice.
Additionally, the body of the notice must contain the following language:
“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”
Click here for more information on how to serve the notice.