Notice Period Required to End a Month-to-Month Tenancy
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 17, 2026
Legal Inquiry
Consumer Legal Issue
I went from a leasing contract to a month to month tenancy. I wan to move out but my apartment is requiring day notice from….
I don’t have a moth to month tenancy agreement. I was on a lease contract, after two years I I switched to month to month since I didn’t know when I would move. Also I am the tenant.
Attorney Answer
Yes — as a month-to-month tenant in California, you must give your landlord at least 30 days' written notice to end the tenancy, regardless of how long you lived there or that your tenancy began as a fixed-term lease.
This requirement comes from California Civil Code § 1946.1, which requires a tenant on a month-to-month residential tenancy to give at least 30 days' written notice to terminate, no matter how long the tenant has occupied the unit. Because you converted to month-to-month status after your original lease ended, that conversion is what controls now — the two years you spent under the original fixed-term lease don't extend your notice period. (A different 60-day rule can apply when a landlord is the one ending a tenancy of a year or more — that rule doesn't apply here, since you're the one giving notice.)
What you can do:
1. Put your notice in writing, stating the date you intend to vacate, at least 30 days out.
2. Deliver it in a way that creates proof — hand-delivered with a signed receipt, or mailed with tracking or certified mail.
3. Keep a copy of the notice and any delivery confirmation for your records.
4. After move-out, know that your security deposit generally must be returned to you within 21 days — flag this with your landlord if it runs late.
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Frequently Asked Questions
How much notice must a tenant give to end a month-to-month tenancy?
In many states, a tenant must generally give at least 30 days' written notice, though the exact requirement varies by state law.
Does converting from a fixed-term lease to month-to-month change the notice requirement?
Generally, yes — once a tenancy becomes month-to-month, the notice rules for that tenancy type apply going forward, regardless of how long the prior lease lasted.
When must a landlord return a security deposit after move-out?
In many states, landlords must return a security deposit within a set number of days after move-out, often in the range of a few weeks.
