Tenant Notice at End of Lease: Your Rights and Limits Under Berkeley Law

As a Berkeley rental housing provider, knowing what to expect when a tenant gives notice to vacate can help you plan the turnover process, protect your rental income, and stay in compliance with state and local law. The required amount of notice depends on whether the lease is still in its fixed term or has rolled into a month-to-month tenancy.

Tenant Notice During a Fixed-Term Lease

If your lease includes a clause requiring written notice of the tenant's intent to move out at the end of the lease (as BPOA's lease does), the tenant must provide that notice in writing.

For example, if the lease says the tenant must give 60 days’ notice, and they plan to move out at the end of a 12-month term, they are contractually required to notify you 60 days in advance. If they fail to do so, they may be responsible for rent beyond their move-out date until:

• The required notice period runs, or

• A new tenancy begins (whichever comes first)

This is based on California Civil Code §1951.2, which allows landlords to recover unpaid rent resulting from early or improper termination.

Notice of Residents Intent Not to Auto-Renew

If a tenant gives notice that they do not intend to renew a fixed-term lease, they are exercising one of two options:

1. Terminate the tenancy and vacate at the end of the lease term, or

2. Transition to a month-to-month tenancy.

In Berkeley, you may not prohibit a tenant from going month-to-month at the end of a lease term. Measure BB prevents landlords from requiring tenants to sign a new lease or accept new terms as a condition of staying. If a tenant wants to remain in the unit, the tenancy will automatically convert to month-to-month by operation of law.

Landlords may not offer a new lease unless the tenant proactively requests one. Because tenants in Berkeley are protected by Just Cause for Eviction, refusing to sign a new lease or rejecting new terms does not constitute grounds for termination.

Important: Berkeley Municipal Code §13.79.020 provides that when a lease includes an automatic renewal clause, a tenant is only required to give written notice of their intent not to renew or extend at least 30 days before the lease expiration in order to avoid being bound to the renewal. This local rule means that even if your lease requires more than 30 days’ notice to terminate, Berkeley tenants need only give 30 days’ notice to avoid auto-renewal.

Tenant Notice in a Month-to-Month Tenancy

Once a fixed-term lease ends and the tenancy continues month-to-month, tenants are only required to give 30 days’ written notice, even if the lease originally required 60 days’ notice to terminate the fixed term. California Civil Code §1946 governs this.

This can be frustrating for landlords, but it is the law. The notice period cannot be extended by contract once the lease has expired and transitioned to a month-to-month arrangement.

This shift is especially important in Berkeley, where Measure BB eliminated a landlord's ability to require lease renewals. If your tenant does not agree to renew, the tenancy becomes month-to-month by default.

Best Practices

• Get it in writing. Notice must always be in writing. Texts and verbal notice don’t count unless you’re willing to accept them.

• Confirm receipt. A simple written acknowledgment helps document the timeline.

• Don’t delay re-renting. Once proper notice is given, begin advertising the unit and preparing for turnover.

• Know the registration deadlines. In Berkeley, registration of a new tenancy is required within 15 days of the start of the tenancy—not when the prior tenant vacates. Be prepared to file the appropriate registration forms with the Rent Board promptly.

• Start prepping early. Use the notice period to schedule inspections, prepare the unit, and serve pre-move-out disclosures. Utilize the forms in the Move-Out & End-of-Tenancy section of the BPOA Forms Library to stay organized and compliant.