To end a month-to-month commercial tenancy in California, a landlord (or tenant) generally serves a written 30-day notice to vacate under Civil Code Section 1946. That 30-day period is the default, but it is not the whole picture: the lease can require longer, and a small-business tenant who qualifies under Senate Bill 1103 may be entitled to 60 days. Getting the notice period, contents, or service method wrong forces a restart, so the details below matter before you sign or serve anything.
When a 30-Day Notice Is Enough
Civil Code Section 1946 ties the required notice to the length of the rental period, so a month-to-month commercial tenancy gets 30 days. Either party can use the notice, and neither needs to give a reason.
This notice does not apply to fixed-term leases with a set expiration date. A fixed-term lease ends on its stated date without any notice unless the lease says otherwise. If the lease contains an early-termination clause, that clause controls the required notice period and method. Many commercial leases also override the 30-day statutory default and require 60 or 90 days. Serving 30 days when the lease requires 60 is a defective notice, so read the lease before you draft anything.
When 60 Days Is Required Instead
Senate Bill 1103 took effect January 1, 2025, and amended Civil Code Section 1946.1 to extend residential-style notice protections to certain small commercial tenants. If a qualified commercial tenant has occupied the property for one year or more, the landlord must give at least 60 days’ notice. A 30-day notice is only enough when the qualified tenant has been there less than a year.1California Legislative Information. California Civil Code 1946.1
A “qualified commercial tenant” has to meet two tests. The business must be a microenterprise with five or fewer employees, a restaurant with fewer than ten employees, or a 501(c)(3) nonprofit with fewer than twenty employees. And the tenant must have given the landlord a written notice and self-attestation confirming that status within the previous twelve months. For tenancies longer than month-to-month, the attestation is due before or at signing, then annually. Protections do not apply until the landlord actually receives the written self-attestation.2California Legislative Information. California Senate Bill 1103 – Tenancy of Commercial Real Properties
The practical read: without an attestation on file, the ordinary 30-day rule under Section 1946 governs regardless of how small the business is. A tenant who submits an attestation mid-tenancy gains the protection going forward.
What the Notice Must Say
The notice must be in writing and clear enough that no one could reasonably misread it. California courts have thrown out notices for vagueness, so specificity is the safer side. A usable notice includes:
- The full legal names of all tenants on the lease or rental agreement.
- The complete property address, including any suite, unit, or floor number.
- A direct statement that the tenancy is being terminated, not a request or a suggestion.
- A specific calendar date to vacate, calculated to give at least the full notice period required by law or the lease.
- The landlord’s signature (or an authorized agent’s) and the date the notice was prepared.
Missing the vacate date, misstating a tenant’s name, or hedging with softer language like “we’d like you to consider leaving” gives the tenant a defense. If a judge finds the notice defective, the landlord serves a corrected one and starts the clock over.
How to Serve the Notice
Code of Civil Procedure Section 1162 sets out three service methods for commercial tenants, and they must be attempted in order. Move to the next method only when the previous one is not possible.
- Personal service: hand the notice directly to the tenant. This is the preferred method and the easiest to prove.
- Substituted service: if the tenant is not at the property, leave the notice with a person of suitable age and discretion who is present at the business, then mail a second copy by first-class mail to the tenant at the property address.
- Posting and mailing: if no one of suitable age and discretion can be found after reasonable effort, attach a copy to a conspicuous spot on the property, such as the front door, and mail a second copy by first-class mail to the property address.
Once service is done, whoever performed it should complete a Proof of Service (Judicial Council Form POS-040). The server must be at least 18 and cannot be a party to the dispute, and the form is signed under penalty of perjury, recording date, method, and location. If the matter reaches court, this is the evidence that the notice was properly delivered.4Judicial Council of California. Proof of Service – Civil Form POS-040
Counting the Days
Start counting the day after service. Do not count the day of service itself. If the final day lands on a weekend or court holiday, the deadline moves to the next business day.5California Courts. How to Deliver an Eviction Notice
When service includes mailing, Code of Civil Procedure Section 1013 adds days to the notice period. If both landlord and tenant are in California, add five calendar days. If either party is outside California but within the United States, add ten.6California Legislative Information. California Code of Civil Procedure 1013 So a 30-day notice served by posting and mailing within California actually requires 35 calendar days before any next step. Filing an unlawful detainer complaint even one day early can get the case dismissed.
What Happens If the Tenant Stays
A commercial landlord cannot change the locks, remove the tenant’s property, or cut utilities to force a tenant out. Self-help eviction exposes the landlord to claims for trespass, conversion, and interference with the business. The unlawful detainer process is the only lawful route back to possession.
Under Code of Civil Procedure Section 1161, a tenant who stays after a valid notice expires is guilty of unlawful detainer, and the landlord starts by filing a complaint in superior court.7California Legislative Information. California Code of Civil Procedure 1161 Unlawful detainer is a summary proceeding, so it moves faster than an ordinary civil case. The tenant has ten court days to respond after being served. If the landlord proves proper termination and the tenant’s refusal to leave, the court issues a judgment for possession, and a writ of possession authorizes the county sheriff to remove the tenant if needed.
Security Deposit and Abandoned Property After Move-Out
Two rules that apply to residential tenancies do not apply the same way here, and it is worth knowing the boundary. The residential security deposit statute, Civil Code Section 1950.5, does not cover commercial tenancies.8California Legislative Information. California Civil Code 1950.5 Commercial deposits are instead governed by Civil Code Section 1950.7, which gives the landlord 30 days after regaining possession to return the deposit, minus lawful deductions for unpaid rent or damage beyond ordinary wear and tear. There is no cap on the size of a commercial deposit, and the lease largely dictates what can be deducted, so tenants should photograph the space on the way out.
If a tenant leaves belongings behind, Civil Code Sections 1993 through 1993.09 provide an optional disposal procedure for commercial property.9Justia Law. California Civil Code 1993-1993.09 The landlord serves a Notice of Right to Reclaim Abandoned Property, and the tenant then has 15 days after personal service, or 18 days after service by mail, to retrieve the items and pay reasonable storage costs. If the property is reasonably believed to be worth less than the greater of $2,500 or one month’s rent, the landlord can keep, sell, or destroy it without a public sale. Above that threshold, the landlord must sell at public sale and apply the proceeds toward what the tenant owes, returning any surplus. Simply throwing the belongings out exposes the landlord to a conversion claim, even when the items look worthless.