When A 30-Day Notice May Apply To A Non-Rent-Paying Domestic Partner In California

Many California property owners assume they must give a long-term occupant a 60-day notice to move out. However, that is not always the case.

Under California Civil Code section 789, a property owner may be able to serve a 30-day notice to terminate a “tenancy at will” when someone was allowed to live in a property without a lease and without paying rent. This situation commonly arises with unmarried domestic partners, significant others, adult children, roommates, or other permissive occupants.

These disputes often occur after breakups, deaths, transfers of inherited property, or trust and probate matters.

“Many owners incorrectly assume they must automatically provide a 60-day notice simply because someone has lived at the property for years,” TLD Law real estate and unlawful detainer attorney Roy Jimenez explains. “But if there was no lease and no rent being paid, California law may treat the arrangement as a tenancy at will under Civil Code section 789.”

This distinction can be especially important for probate attorneys, trustees, landlords, real estate professionals, and domestic partners themselves. A surviving boyfriend or girlfriend who remained in a home informally may not have the same legal protections as a traditional tenant paying monthly rent under a lease agreement.

At the same time, these cases are highly fact-specific. Registered California domestic partners may have additional legal or probate rights, and some occupants may still qualify for protections under California tenant protection laws.

Property owners should also avoid “self-help” evictions such as changing locks or shutting off utilities. Even when a 30-day notice is appropriate, California law generally requires the owner to pursue the unlawful detainer process in court if the occupant refuses to leave.