INSTRUCTIONS FOR SERVING

30-DAY; 60; 90 - & 3-DAY NOTICES

NOTE: THESE INSTRUCTIONS DO NOT PERTAIN TO MOBILE HOME TENANCIES. OWNERS OF
MOBILE HOME COACHES LARGER THAN 40 x 8 REQUIRE 7-DAY AND 60-DAY NOTICES, AND ARE
REGULATED BY DIFFERENT LAWS.
WHAT IS A THIRTY (30/60/90) DAY NOTICE?
Thirty-day notices are required to terminate month to month tenancies when a tenant has resided in a unit for less then
one year, however if the tenant has resided for over one year a 60 day notice is required. (Civil Code sec. 1954.535
requires a minimum of 90 days notice be given to terminate a month to month tenancy if it is government-subsidized.
A. 30-day notice can also be used to change the terms of a rental agreement. Changing the terms of a rental
agreement also includes increasing rents; however a sixty-day notice to change terms of tenancy is
required when the rent is being raised more than 10%.
B. All notices must be in writing.
C. Written notices are required even if there is no written rental agreement.
WHEN MUST A TENANT USE A THIRTY (30) DAY NOTICE?
To terminate a month to month tenancy.
WHEN MUST A LANDLORD USE A THIRTY (30/60/90) DAY NOTICE?
A. A 30, 60 or 90 day notice is required to terminate a month to month tenancy. A sixty day notice is required
if the tenant has resided over twelve months. A 90 day notice is required if the tenant resides in
government-subsidized housing.
B. To raise the rent for a month to month tenancy. Normally 30-day notice is required; however a 60-day
notice must be given when the rent is being raised more then 10%.
C. A 30-day notice is required change any other terms of a month to month rental agreement.
Neither tenants nor landlords have to state a reason to terminate the tenancy. Landlords do not have to
state a reason to raise the rent or change any other terms of the rental agreement. However a landlord can
not discriminate against tenants on the basis of race, color, religion, national origin, ancestry, sex(included sexual harassment), sexual orientation, age, marital status, disability, medical condition, familial
status or source of income. This also includes arbitrary discrimination (e.g., welfare, long hair, etc.). Also,
retaliation against tenants who request repairs, exercise their rights to privacy, participate in tenants rights
organizations is also prohibited by law.
HOW DO TENANTS AND LANDLORDS SERVE THIRTY (30/60/90) DAY NOTICES?
A. With the exception of a (30) or (60) day notice to raise the rent, (see below: HOW DOES A LANDLORD
SERVE A 30 or 60-DAY NOTICE TO RAISE THE RENT ) , fill out your notice in duplicate; fill in all the
blanks; keep a copy for yourself.
B. For tenants serving a 30-day notice to terminate their tenancy deliver the original to the owner or agent in
person or by certified mail and keep a copy for yourself.
C. For landlords service of a 30/60/90 notice must be attempted in the following order:
1. Give a copy to the party in person at their residence or place of business.
2. Leave a copy with a fairly grown up child or adult at the partys residence or place of business and
send a copy by first class mail. (This method of service requires 3 copies.)
3. Mail a copy to the other party by first class mail and post a copy in a conspicuous place at the partys
residence. (This method also requires 3 copies.)
4. OR Service can be made by Registered or Certified mail with a Return Receipt Requested, and no
attempt need be made by other methods. (OVER)

WHAT IS A THIRTY 30 OR 60 DAY NOTICE TO RAISE THE RENT?

A 30 or 60 day notice to change the terms of a tenancy is required when rents are being increased however if
the amount or the increase is over 10% then alternatively the 60 day notice must be used. This 10% includes
any increases during the previous 12 months. This notice must be in writing even if there is no written rental
agreement.
HOW DOES A LANDLORD SERVE A 30 OR 60 DAY NOTICE TO RAISE THE RENT?
A.
Fill out the Notice forms in duplicate; fill in all the blanks; keep a copy for yourself.
B. Service can be attempted by either of the following:
1. Give a copy in person to the tenant; at their residence or place of business in this case the landlord
does not also have to mail a copy.
2. Mail a copy to the tenant by first class U.S. mail, in a sealed envelope with postage fully prepaid,
addressed to the tenant at his/her place of residence. However when using this method an additional
five days advance notice of the rent increase must be given.
WHAT IS A THREE (3) DAY NOTICE?
A. A Three Day Notice is a form landlords use to move a tenant out or have them correct a breach in the
terms of the rental agreement.
B. All 3-Day Notices must be in writing.
C. A 3-Day Notice is required even if there is not a written rental agreement.
WHEN CAN A LANDLORD USE A 3-DAY NOTICE?
A. When a tenant is late in payment of rent, a landlord can use a 3-Day Notice to Pay or Quit.
B. When a tenant has violated his/her rental agreement (i.e. pets, noise, number of occupants), a landlord can
use a 3-Day Notice to Perform or Quit.
C. In situations where the tenant is committing waste, (that is wrecking the place), or illegally subletting
the unit. Notice that this type of notice is unconditional and informs the tenant that they are being evicted
and there is no alternative to correct.
HOW DOES A LANDLORD SERVE A 3-DAY NOTICE?
C. Fill out the Notice forms in duplicate; fill in all the blanks; keep a copy for yourself.
D. Service must be attempted in the following order:
1 1. Give a copy in person to the tenant, at their residence or place of business.
2. Leave a copy with a fairly grown up child or adult at the tenants residence or
place of business, and send a copy by first class mail. This method of service will
require 3 copies.
3. Mail a copy to the tenant by first class mail and post a copy in a conspicuous place
at the tenants residence. This method will also require 3 copies of the notice.
Any resort to the latter methods of service can only be made if attempts to serve by the former methods have
been unsuccessful. Method #1 should always be tried first.
Service on sub-tenants may be made in the same manner.

Sonoma County Fair Housing

Petaluma People Services Center
1500-A Petaluma Blvd. South
Petaluma, CA 94952
(707) 765-8488