Change of terms of month-to-month tenancy (Civ. Code 827(a)): earliest effective date, not less than 30 days after notice

30 days after date the written notice was served in the manner prescribed by ccp 1162, under Cal. Civ. Code 827(a)(1) (amended by Stats. 2024, ch. 1015 (SB 1103), eff. Jan. 1, 2025).

Rule text

(a) (1) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, change the terms of the lease to take effect, as to tenancies for less than one month, upon the expiration of a period at least as long as the term of the hiring itself, and, as to tenancies from month to month, to take effect at the expiration of not less than 30 days,

Cal. Civ. Code 827(a)(1) (amended by Stats. 2024, ch. 1015 (SB 1103), eff. Jan. 1, 2025), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the written notice was served in the manner prescribed by CCP 1162): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
  4. The period includes its last day, so the earliest day to act is the next court day: Monday, December 7, 2026.
Rules applied
Cal. Civ. Code 827(a)(1) (amended by Stats. 2024, ch. 1015 (SB 1103), eff. Jan. 1, 2025)
(a) (1) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, change the terms of the lease to take effect, as to tenancies for less than one month, upon the expiration of a period at least as long as the term of the hiring itself, and, as to tenancies from month to month, to take effect at the expiration of not less than 30 days,
Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Official source
  • Month-to-month only (tenancies shorter than a month: a period at least as long as the term of the hiring; written agreements may allow notice not less than seven days before expiration of a term). Rent increases on residential and qualified commercial tenancies are governed by 827(b) (separate rules). The result is the earliest date the change can take effect, so no weekend roll. 827(a) does not reference CCP 1013; no mail extension is modeled (AMBIGUITY if served by the mailing component of CCP 1162 substituted or post-and-mail service). Longer notice required by other law or contract controls (827(c)). Local rent ordinances and Civ. Code 1947.12 caps not modeled. Conservative option: if service used the mailing component of CCP 1162 substituted or post-and-mail service, treat the effective date as 5 days later (same treatment as the ca_ud Civ. Code 1946.1 rules). [Validation 2026-11, Q0382. Authority: Cal. Civ. Code 827(a)(1); Cal. Civ. Code 827(b)(1)(B); Cal. Civ. Code 798.55(b)(1)]
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the written notice was served in the manner prescribed by CCP 1162 on Monday, March 15, 2027, personal service: due Thursday, April 15, 2027.

  1. Trigger (Date the written notice was served in the manner prescribed by CCP 1162): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
  3. The period includes its last day, so the earliest day to act is the next court day: Thursday, April 15, 2027.

Unsettled points

  • The calculator shows the earliest effective date of a change of terms as notice date plus 31 days, the later and safe date.Other reading: If the change may take effect on day 30, the earliest date is one day sooner.
  • The calculator adds 5 days (10 out of state) to the earliest effective date when the 1162 notice used mail, the later and safe date.Other reading: If CCP 1013 does not apply to 1162 service, the change or termination may take effect 5 days sooner.

Notes

Month-to-month only (tenancies shorter than a month: a period at least as long as the term of the hiring; written agreements may allow notice not less than seven days before expiration of a term). Rent increases on residential and qualified commercial tenancies are governed by 827(b) (separate rules). The result is the earliest date the change can take effect, so no weekend roll. 827(a) does not reference CCP 1013; no mail extension is modeled (AMBIGUITY if served by the mailing component of CCP 1162 substituted or post-and-mail service). Longer notice required by other law or contract controls (827(c)). Local rent ordinances and Civ. Code 1947.12 caps not modeled. Conservative option: if service used the mailing component of CCP 1162 substituted or post-and-mail service, treat the effective date as 5 days later (same treatment as the ca_ud Civ. Code 1946.1 rules). [Validation 2026-11, Q0382. Authority: Cal. Civ. Code 827(a)(1); Cal. Civ. Code 827(b)(1)(B); Cal. Civ. Code 798.55(b)(1)]

Related deadlines

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Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.