[CA] In California, if a tenant refused delivery of a sale-notice letter and I later posted the notice on his gate, does the legal notice period run from the original mailing date or from the date the notice was posted?
My father passed in October of 2023 and it stated in his Trust/Will to sell his properties. One property has tenants and we provided them with a notice that the property is for sale and will be shown on April 26, 2025. One tenant did not accept his letter and the Post Office returned it. I then had it posted to his gate at the residence (he locked all the gates so we couldn’t get access to the property) and took a picture with the address in sight. Do I count the original date or the new date?
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Since the tenants have lived in the property for more than five years and there’s no written lease in place, California treats the tenancy as month-to-month, which means you must follow the state’s no-fault termination rules. Under California Civil Code § 1946.1, that requires giving a 60-day written notice to terminate the tenancy.
It’s important to remember that the 60-day period doesn’t begin when you verbally tell the tenants the home is being sold — it starts only when the tenants are properly served with a written Termination of Tenancy notice. Proper service is crucial, because if the notice isn’t delivered according to California’s service rules, a court could reject the eviction case later.
If the tenants don’t move out by the date stated in the notice, your next step would be to file an unlawful detainer action to regain possession. Courts move fairly quickly with these cases, but again, everything depends on having a legally valid notice.
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Hello! My father passed in October of 2023 and it stated in his Trust/Will to sell his properties. One property has tenants and we provided them with a notice that the property is for sale and will be shown on April 26, 2025. One tenant did not accept his letter and the Post Office returned it. I then had it posted to his gate at the residence (he locked all the gates so we couldn’t get access to the property) and took a picture with the address in sight. Do I count the original date or the new date?
Lexi, Chatbot
I’m sorry to hear about your father’s passing and the challenges you’re facing with the property sale. Did you receive any communication from the tenant regarding their refusal to accept the notice?
Yes, they did not pick it up from the post office.
Lexi, Chatbot
Have you consulted the terms of the Trust/Will regarding the notification process for tenants?
No.
Lexi, Chatbot
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with your property sale.
Yes. How do I evict them and for what reason? I do not know the date they began occupying the property nor is there any copy of a lease agreement. Also, how much are relocation fees? They are not elderly nor in low-income housing.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation!
Since there is no written lease, how long have the tenants been living there?
For approximately 5–7 years. They won’t tell me.
Legal Eagle
I hear you! Do you know if they have been paying rent regularly, and if so, how have those payments been made?
Yes, they have been paying rent via Zelle.
Legal Eagle
Understood! So you're just wondering what your rights are here, correct?
Yes, and I am wondering if I am taking the right steps to do a non-fault eviction as the property is for sale. Did you see my previous comments?
Legal Eagle
Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.
Thanks.
Legal Eagle
I'm so sorry about that! What state is this in again?
California.
Legal Eagle
Since the tenants have lived in the property for more than five years and there’s no written lease in place, California treats the tenancy as month-to-month, which means you must follow the state’s no-fault termination rules. Under California Civil Code § 1946.1, that requires giving a 60-day written notice to terminate the tenancy.
It’s important to remember that the 60-day period doesn’t begin when you verbally tell the tenants the home is being sold — it starts only when the tenants are properly served with a written Termination of Tenancy notice. Proper service is crucial, because if the notice isn’t delivered according to California’s service rules, a court could reject the eviction case later.
If the tenants don’t move out by the date stated in the notice, your next step would be to file an unlawful detainer action to regain possession. Courts move fairly quickly with these cases, but again, everything depends on having a legally valid notice.
Ok, so I do understand, but when does the 60 days begin — when I give them the “property will be shown and is for sale” notice, or is there a document that says “termination of month to month”?
So sending it by certified mail is not enough? It also has to be posted, correct?
Legal Eagle
Sure thing! The 60 days begins ONLY when you serve the proper Termination of Tenancy notice, not the “property is for sale” notice.
Certified mail alone is not valid service.
To be safe, you should:
- Post the notice on the property,
- Mail it (both regular mail and certified is ideal).
Then you count the 60 days from the later of the two service dates.
Ok, got it. So if I post it Monday, then they have until September 28th to move.
Also, how much money would I owe them? Relocation?
Legal Eagle
Sure thing!
If you post the notice Monday and it's a 60-day notice, then yes — the tenants must move by September 28th.
Is this a single-family home?
It is two homes on one lot.
Legal Eagle
Got it. Did you ever give them notice that you are exempt from the laws requiring relocation assistance?
No, I did not know that I was exempt from the laws requiring relocation assistance. How do I do that? Can I do it with the termination letter?
Legal Eagle
I hear you!
You are exempt from relocation fees if you give the required exemption notice.
With the 60-day notice, you should send a separate notice stating you are exempt.
It must include this exact language:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
Does that help clarify things?
Great, thank you!
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help!
Does the notice need to be on a separate document? Just want to check all my boxes. Do they get one month of no rent?
Legal Eagle
- Yes — the exemption notice must be on a separate document, sent at the same time.
- No — they do not get one month of free rent because you are exempt, but only if you send the exemption notice.
Great. So I am sending the Notice to Terminate the Month-to-Month Lease Agreement. I am posting it to the home (taking a picture) and sending certified and regular mail. Along with that, I am sending the notice that I am exempt with the wording you provided.
From the date I post the letter, the tenants have 60 days to vacate the property. If not, I will have to file an unlawful detainer in court.
Did I get it right?
You got it right!
Yay, thank you!
Legal Eagle
For sure! I want to ensure you feel completely satisfied with our conversation. Were there any details I missed? Did you have any concerns about this issue that still need to be addressed? I'm happy to help.
You did a great job. Have a wonderful day.
Legal Eagle
Thank you so much for contacting us! We're happy to help whenever you need it.
Legal Eagle
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