If you’re a landlord in California, navigating the state’s notice requirements for ending a tenancy can feel like walking a legal tightrope, especially with evolving legislation like the Tenant Protection Act of 2019 (TPA). Under the TPA, a landlord may only terminate a tenancy for “just cause” in many situations. Understanding these notice requirements is crucial for California landlords, as failure to adhere to them can impact their ability to pursue unlawful detainers should eviction become necessary.
What Is a No-Fault Eviction in California?
A no-fault eviction in California is when a landlord ends a tenancy for a reason not caused by the tenant’s actions, such as an owner moving into the property or a plan for substantial remodeling.
In California, evicting a tenant can be a legal tightrope walk. The “just cause” eviction law, established by the Tenant Protection Act of 2019 (AB 1482), means that in many cases, you must have a valid, legally-recognized reason to end a tenancy. Without just cause, you risk having your unlawful detainer case thrown out of court.
This is where the distinction between a “fault” and a “no-fault” eviction becomes critical.
- At-Fault Eviction: This type of eviction is a result of the tenant’s actions, such as not paying rent, violating a material term of the lease agreement, causing property damage, or using the property for an unlawful purpose. In these situations, the tenant is at fault for breaching the lease or rental agreement.
- No-Fault Eviction: This happens when the tenancy ends for a reason that is not the tenant’s fault. These evictions are based on the landlord’s reasons for needing the property back, and the tenant hasn’t done anything wrong. Under AB 1482, no-fault evictions are a valid reason to remove a tenant from the property, but they come with specific notice requirements and often require the landlord to provide relocation assistance.
The No-Fault Reasons Recognized Under the Law Typically Include:
- An owner or family member moving into the unit.
- The intent to demolish or substantially remodel the property.
- Withdrawing the rental unit from the market.
- The owner is complying with a government order or local law that requires the tenant to vacate.
Understanding these definitions is the first step toward building a strong, legally sound case. As your legal partner, Putterman Law ensures that the notice you provide checks all the legal boxes.
“Just Cause” Evictions in California
“Just cause” can be based on tenant’s material breach of the lease agreement (such as the failure to pay rent) and for no-fault reasons where the tenant has done nothing wrong.
If the tenancy falls under the TPA and requires “just cause,” the notice must also state the legal reason for termination and inform the tenant of their relocation assistance rights, either a payment equal to one month’s rent or a waiver of the final month’s rent, with the notice specifying the amount waived.
No-Fault — Tenancy Terminations Without Tenant Misconduct
In situations where the tenant hasn’t violated the lease, landlords may pursue no-fault “just cause” evictions under the Tenant Protection Act of 2019 (AB 1482).
The most common ‘no-fault’ just causes in California for no-fault evictions include:
1. Substantial Remodel
For landlords planning substantial remodel, beyond cosmetic upgrades, and the work requires the unit to be vacant for at least thirty (30) days, the landlord must serve the appropriate notice, which must:
- State a detailed description of the work and duration of the work to be completed;
- Explain the grounds for the termination;
- Include copies of permits where the work requires replacement or substantial changes to any structural, electrical, plumbing, or mechanical systems;
- Include a copy of a signed contract with a contractor hired to abate any hazardous materials present at the premises, such as mold;
- Provide relocation assistance; and
- Provide other statutorily required language.
Related Article: What to Have in a California Home Improvement Contract?
2. Owner or Family Member Move-In
If the Landlord, or their spouse, domestic partner, child, grandchild, parent, or grandparent intend to occupy the tenant-occupied property, the landlord must serve the appropriate notice, which must:
- State the identity of the person moving in;
- Ensure that such person occupies the unit within ninety (90) days and remains for at least twelve (12) months; and
- Provide relocation assistance; and
- Provide other statutorily required language.
3. Withdrawal from Rental Market Under the Ellis Act
For plans to take the property off the market entirely, a landlord must serve the appropriate notice and:
- Withdraw all units in the building from the rental market, not just one.
- File required documents with the city or local rent board.
- Provide relocation assistance.
Landlord Requirements and Procedures for a No-Fault Eviction
Landlords in California must follow specific procedures to legally carry out a no-fault eviction under the Tenant Protection Act of 2019 (AB 1482), which are much stricter than at-fault evictions. The main obligations include providing a written notice, paying relocation assistance, and in some cases, filing additional documentation.
Proper Notice and Compliance
To begin a no-fault eviction, a landlord must provide a tenant with a written notice that clearly states the valid reason for the termination of tenancy. The eviction can only proceed for a reason listed as “just cause” under the law, such as an owner move-in, a government order, or a substantial remodel. Any misstep in the notice’s form, reason, or timing can jeopardize the case.
- Written Notice: The landlord’s notice must be delivered in a legally accepted manner, such as being handed to the tenant in person or posted on the property and mailed. An email, text message, or verbal notice is not enough.
- Itemized Statement: For reasons like a substantial remodel, the notice must include a detailed description of the planned work and copies of any required permits. This is to prevent landlords from using cosmetic upgrades as a pretext for eviction.
- Relocation Assistance: For all no-fault evictions, the landlord is required to pay the tenant relocation assistance. This payment is typically equivalent to one month’s rent and must be paid within 15 days of serving the eviction notice, or the landlord can opt to waive the final month’s rent in writing instead. The amount may vary based on local laws.
- Owner Move-In Requirements: If the no-fault eviction is for an owner or family member to move in, the new occupant must use the unit as their primary residence for at least 12 continuous months. The notice must include the name of the person moving in and their relationship to the owner. If the new resident fails to occupy the unit as required, the landlord may be liable for damages and must offer the unit back to the displaced tenant.
Properties or Situations with Exemptions and Exceptions
The Tenant Protection Act (AB 1482) has a broad reach, but not all properties are subject to its “just cause” eviction protections. Navigating these exemptions is a key part of our pragmatic, tailored legal strategy. It’s not a one-size-fits-all approach. For an exemption to apply, the landlord must typically provide a written exemption notice to the tenant.
The most common exemptions and exceptions include:
- Newer Constructions: Housing that has been built within the last 15 years may be exempt from AB 1482’s just cause requirements.
- Owner-Occupied Properties: Single-family homes or duplexes where the owner lives in one of the units are often exempt, as long as the owner is not a corporation, Real Estate Investment Trust (REIT), or a Limited Liability Company (LLC) where at least one member is a corporation.
- Certain Single-Family Homes and Condominiums: Many single-family homes and condos are not subject to the just cause eviction laws, unless they are owned by a corporation, a real estate investment trust (REIT), or an LLC with at least one corporate member.
- Affordable Housing: Properties with deed restrictions or those that are subject to a regulatory agreement with a government agency for affordable housing are often exempt.
- Transient and Tourist Hotels: These properties are not subject to the just cause provisions.
Understanding if your property qualifies for an exemption is crucial before taking any action. Our goal is to provide clear guidance and actionable knowledge so you can make informed decisions. We’ll help you determine if an exemption applies and ensure you meet all the necessary notice requirements.
Most Recent Legislative Changes for California No-Fault Evictions
The recent passage of SB 567, which took effect in April 2024, has significantly impacted how landlords must handle no-fault tenancy terminations.
SB 567 closes certain loopholes and adds stricter residency and documentation requirements to common no-fault evictions, particularly those related to owner move-ins and substantial remodels.
- Owner Move-In Evictions: Now, if you evict a tenant for an owner or family member move-in, the new occupant must use the unit as their primary residence for a minimum of 12 continuous months. The notice must include the name and relationship of the person moving in, and you must provide proof of residency within 90 days of the tenant vacating. If the new resident fails to occupy the unit for the required time, you may have to offer the unit back to the displaced tenant at the same rental rate and cover their moving expenses.
- Substantial Remodels: The rules for evicting a tenant for a substantial remodel are now much more stringent. You can no longer use this as a pretext to get a tenant out and rent the unit for a higher price. The remodel must be so significant that it requires the unit to be vacant for at least 30 days and must involve work that requires a permit from a government agency. The notice must also include a detailed description of the work and copies of the required permits.
Legal Assistance with Evicting a California Tenant
Evicting a tenant in California is far from simple. With complex state laws and varying local rent control ordinances, landlords must act with precision and strategy, especially when considering the legal proceedings for unlawful detainers in California. Any misstep in the form, reason, or timing of a notice can jeopardize your case.
At Putterman Law, we are highly attuned to these complexities and handling landlord-tenant matters. Consult with us to ensure the notice you provide checks all the legal boxes.
