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California Civil Code Section 1946

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1946

A hiring of real property, for a term not specified by the
parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives
written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the
hiring itself, not exceeding 30 days; provided, however, that as to
tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time
and the rent shall be due and payable to and including the date of
termination.  It shall be competent for the parties to provide by an
agreement at the time such tenancy is created that a notice of the
intention to terminate the same may be given at any time not less
than seven days before the expiration of the term thereof.  The
notice herein required shall be given in the manner prescribed in
Section 1162 of the Code of Civil Procedure or by sending a copy by
certified or registered mail addressed to the other party.  In
addition, the lessee may give such notice by sending a copy by
certified or registered mail addressed to the agent of the lessor to
whom the lessee has paid the rent for the month prior to the date of
such notice or by delivering a copy to the agent personally.

Last modified: January 12, 2009