[CA] Does a landlord need to provide 60 days’ notice to terminate a month-to-month tenancy for a long-term tenant who has been repeatedly late on rent, and what options exist if the tenant stops paying during the notice period?

CA Landlord-Tenant

Hello, I have a tenant renting a studio apartment below my home in Fairfax, CA. She started occupancy on May 1, 2023 with a one-year lease that switched over to month-to-month. She has been consistently late every month for the last 9 months, sometimes 2 to 3 weeks late. It has become too much for me as I travel a lot for work and I am not always around my home. Do I need to give her a 2-month notice to vacate? Is there anything else I need to know?

January 13, 2026

Elizabeth

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Thanks for sharing that. It sounds like it’s been a challenging situation. If you're terminating it just as ending a month-to-month tenancy, that does require a 60-day notice to quit.

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Lexi, Chatbot

I understand how challenging it can be to have a tenant consistently late on rent payments. Have you previously communicated with her about the late payments, and if so, what was her response?

Yes, many times. She just does not make enough money to live in this area. She had a good job initially when she started but lost that position and is now working as a waitress/bartender. She does not have the income to live in this area anymore.

Lexi, Chatbot

Is there a specific date by which you would ideally like her to vacate the apartment?

I would like her to leave in 30 days, but I did one of the eForms and it indicated I must give her 60 days’ notice.

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your notice requirement.

She gave a security deposit equivalent to 2 months because she said she had bad credit history and was willing to do this. Also, she has made partial payments during a month — $500 here, $700 there, etc. Her rent is $1,695/month and there is a $50 late fee if past the 5th of the month.

Elizabeth

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns.

Just so you are aware, this site provides legal information only. No attorney-client relationship is formed from our conversation. So I can best help, is she current on rent right now?

She just paid the second half of the rent yesterday, so she is current, yes. Just paid.

Elizabeth

Got it, thanks for letting me know.
Could you tell me if there are any specific terms in the lease agreement regarding termination or eviction?

She has not paid the full amount on time by the 5th of the month for the last 9 to 10 months.
The lease is a one-year lease and then it turns to month-to-month tenancy. She started May 1, 2023.

Elizabeth

Thanks for sharing that. It sounds like it’s been a challenging situation. If you're terminating it just as ending a month-to-month tenancy, that does require a 60-day notice to quit.

Ok, so I can give a 30-day notice?

Elizabeth

It has to be 60 days since she has been there over a year.

I see.
She still needs to pay each month until the end, correct? She can’t use the security deposit toward the rent. My feeling is she will try to do this knowing her situation.

Elizabeth

That’s correct — she does still need to pay.

What if she refuses to do that? What are my options?

Elizabeth

You could then give her the shorter notice to pay or be evicted.

So, a three-day pay-or-quit notice?

Elizabeth

Correct.

I noticed on the eForm I filled out I had to give justification for giving her notice. I can just indicate that she has been consistently late each month for the last 9 months and that will suffice?

Elizabeth

You could list it as repeated lease breaches, since she is late.

Ok, very good. Anything else I need to know? Should I try to talk to her first to see if she is willing to give notice and leave on her own accord since I know she is struggling to pay rent?

Elizabeth

You could talk to her first. If she agrees, you may be able to get her out easier and earlier.

Ok great.
I will try that first — see if I can get her to put in her 30-day notice. If not, I will give the 60-day notice.

Elizabeth

Is there anything else I can clarify?

No, I think we covered it. Pretty cut and dry, haha.

Elizabeth

If I can help further, please let me know.

Thanks.

Elizabeth

You're welcome.

Elizabeth

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