Terminate Tenancy

The City of Stockton requires just cause for terminating tenancy. Here are common notice types and when they should be used.

Notice TypeWhen Used
30-Day Notice
(with reason for termination)
To end month-to-month tenancy that lasted less than a year
60-Day Notice
(with reason for termination)
To end month-to-month tenancy that lasted a year or more
90-Day Notice
(with reason for termination)
To end a government-subsidized tenancy
3-Day Notice
(conditional)
To end month-to-month or fixed-term tenancy when tenant has violated a term of the tenancy but must be given a chance to correct it.
3-Day Notice
(unconditional)
To end month-to-month or fixed-term tenancy when tenant has violated a term of the tenancy which cannot be corrected in three days. May be preceded by warning letter demanding the tenant comply with terms of tenancy or face eviction notice.
3-Day Notice for
Nonpayment of Rent
To end month-to-month or fixed-term tenancy when tenant has paid rent late, primarily used in hope that tenant will stay and pay the rent.

Some Valid Reasons to Give a Termination Notice

  • Your tenant is repeatedly late with the rent. You’ve given Three-Day Notices to Pay Rent or Quit several times, and the tenant has come through with the rent before the end of the third day. Your warnings to pay rent on time in the future have had no effect.
  • The tenant has given you a number of bad checks. You’ve used three-day notices and the checks were made good, but it keeps happening.
  • Your tenant repeatedly disturbs other tenants or neighbors by having loud and boisterous parties or playing a stereo at unreasonable levels. Other tenants are complaining to you.
  • Your tenant is using illegal drugs in or about the property or, even worse, dealing in them.
  • The tenant has damaged the property— for example, by causing holes in the wall or cigarette burns in the carpet.
  • The tenant is extremely obnoxious or vulgar to you, your manager, or other tenants.
  • Your tenant repeatedly violates a clause of your rental agreement, such as the “no pets” provision or a valid limit on the number of people living in the premises.
  • You’re selling your rental property (a single-family dwelling, for example), and the new buyers want the tenants out.
  • You want to move in yourself or want to rent the property to a close relative.
  • You want the property vacant to extensively remodel it. The landlord must first obtain all permits necessary, and comply with other ordinances providing for notice to affected persons, the tenants included. The 30-day or 60-day notice should specify in detail the reason for termination, giving the date the permits were granted by the city or county. Some landlords have abused ordinances that allow eviction for remodeling, either by claiming nonexistent needs for extensive remodeling, or failing to do the remodeling once the tenant left. In response, several cities have added safeguards to protect tenants. For example, Berkeley’s ordinance requires a landlord seeking to evict a tenant for remodeling to give the tenant the right of first refusal to rerent the property when the remodeling is done, and even to house the tenant in the interim (at the same rent) if the landlord has any other vacant rental property in the city. Again, be sure to check your local ordinance for specific requirements.

Advantage of 30-Day/ 60-Day Notice Over Three-Day Notice

  • A tenant is far more likely to defend against an eviction lawsuit that gives only three days to get out, rather than 30 or 60 days.
  • Judges are more reluctant to allow a tenant to be evicted if you use a three-day notice for breaching the rental agreement or causing a nuisance or damage, than they are if you use a 30-day or 60-day notice.