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.
“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.
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.
