Just Cause Eviction in California: AB 1482 and SB 567 for Landlords
By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.
California’s just cause eviction rule, Civil Code section 1946.2, says that once a tenant has lawfully lived in a covered unit for 12 continuous months, the owner may end the tenancy only for a reason the statute lists, and the written notice must state it. Reasons are either at-fault, such as unpaid rent or a material lease breach, or no-fault, such as an owner move-in, withdrawal from the rental market or a substantial remodel, and every no-fault termination requires relocation help equal to one month’s rent. Since April 1, 2024, an owner move-in requires the owner or relative to move in within 90 days and stay 12 months, and a remodel qualifies only if permitted work forces the tenant out for at least 30 consecutive days.
This guide looks at the rule from the owner’s side: when it applies, what each cause requires, how notices and relocation work, and where a city or county ordinance replaces the state rule. It is meant for owners planning a move-in, a renovation or a sale, and for buyers sizing up an occupied building. It is not a how-to for evicting anyone, and every step below is one to take with a lawyer. For the rent cap and the exemptions, start with our companion guide to AB 1482 for landlords.
When the state just cause rule applies
Section 1946.2 is the eviction half of AB 1482, the Tenant Protection Act of 2019. The version operative since April 1, 2024 was enacted by SB 567 (Stats. 2023, ch. 290) and adjusted by SB 479 in 2024. A 2025 housing omnibus bill, AB 1529 (Stats. 2025, ch. 203), amended it again effective January 1, 2026; its digest says the change lets the required tenant notice appear in the lease itself. The section is set to repeal on January 1, 2030.
- The 12-month trigger. Protection starts after a tenant has lawfully occupied the unit for 12 continuous months.
- Added adults. If an adult tenant is added to the lease before an existing tenant reaches 24 months, the protection applies only once every tenant has 12 months, or one tenant has 24.
- Exemptions. The list includes housing with a certificate of occupancy issued in the past 15 years, an owner-occupied two-unit property where the owner lived in one unit when the tenancy began, a separately sellable house or condo with a non-corporate owner that gave the statutory notice, and deed-restricted affordable housing, among others.
- Local ordinances. Under subdivision (i), a property subject to a local just cause ordinance adopted on or before September 1, 2019, or a later one that is more protective and makes the required finding, follows the local rule instead. No property is subject to both.
Owners must also give tenants a written notice of these protections, in at least 12-point type, as a lease term, an addendum or a separate signed notice. A lease clause that waives the tenant’s rights under the section is void.
At-fault just causes
At-fault causes rest on something the tenant did or failed to do. Section 1946.2(b)(1) lists them:
- Not paying rent.
- Breaching a material term of the lease, after a written notice to correct it.
- Maintaining, committing or permitting a nuisance.
- Committing waste.
- Refusing, after a written request, to sign a renewal or extension on similar terms when a written lease has ended, in the circumstances the statute describes.
- Criminal activity on the property, or criminal threats directed at the owner or agent.
- Assigning or subletting in violation of the lease.
- Refusing the owner lawful entry.
- Using the premises for an unlawful purpose.
- An employee, agent or licensee who stays after their employment or license ends.
- Failing to move out after the tenant gave written notice of an intent to leave.
When the problem can be fixed, the owner must first give notice and a chance to cure under Code of Civil Procedure section 1161(3). Only if the tenant does not cure may the owner follow with a three-day notice to quit that offers no cure.
The three-day notices in CCP 1161
Section 1161 sets the form of the three-day notices most at-fault cases begin with, and each one counts three days excluding Saturdays, Sundays and judicial holidays:
- Pay rent or quit: the notice must state the amount due and the name, phone number and address of the person to pay, with payment hours, account details or an existing electronic payment method. It may be served within one year after the rent became due.
- Perform or quit: for a curable breach of another lease term, the tenant can save the tenancy by performing within the three days.
- Quit: for waste, nuisance, unlawful use or an unlawful assignment or sublet, the statute offers no cure period.
No-fault just causes
No-fault causes rest on the owner’s plans, not the tenant’s conduct. Section 1946.2(b)(2) lists four, and the April 2024 version tightened two of them.
| No-fault cause | Key conditions | Relocation |
|---|---|---|
| Owner or relative move-in | Owner, spouse, domestic partner, child, grandchild, parent or grandparent; must move in within 90 days after the tenant leaves and live there as a primary residence for 12 consecutive months; notice names the person and the relationship | Required |
| Withdrawal from the rental market | The unit is taken off the rental market | Required |
| Government or court order | Compliance with a habitability or vacate order or a local ordinance requiring the unit to be vacated | Required unless the tenant caused the condition |
| Demolition or substantial remodel | Permitted structural, electrical, plumbing or mechanical work, or hazardous material abatement, that can’t be done safely with the tenant in place and requires at least 30 consecutive days out; cosmetic work does not count | Required |
Owner move-in after SB 567
If the named person does not move in within 90 days or does not stay 12 consecutive months, the owner must offer the unit back to the former tenant at the same rent and lease terms and reimburse reasonable moving expenses beyond any relocation already paid. The notice must tell the tenant they may ask for proof of the relationship, and the owner must provide it. For property held in trusts, LLCs or partnerships, the statute sets its own tests for who counts as an owner, including a 25% ownership threshold, so check the title vesting before you rely on this cause.
Substantial remodel after SB 567
The remodel notice has to describe the work, include copies of the required permits or contractor documents, and give the tenant the information the statute requires about re-renting and reoccupying the unit. Apply for permits first. A notice served before the permits exist, or for work that could be done around the tenant, invites a challenge.
Relocation assistance for no-fault terminations
For any no-fault termination, the owner must either pay the tenant one month’s rent directly or waive the final month’s rent in writing. The choice belongs to the owner, and the tenant’s income doesn’t matter.
- The amount is one month of the rent in effect when the notice was issued.
- A direct payment must be made within 15 calendar days of serving the notice.
- The notice must tell the tenant about the right to relocation assistance.
- The payment counts toward any other relocation a local law requires.
- If the owner does not strictly comply, the notice is void.
Local ordinances often require far more. In unincorporated Sonoma County, for example, the payment is the greater of HUD’s Fair Market Rent for the unit or the actual rent, and cities such as Oakland and Berkeley set their own amounts, which change every year.
Notice periods and service
The just cause statute decides whether you may end the tenancy. Other statutes decide how much notice to give and how to deliver it.
| Situation | Notice | Statute |
|---|---|---|
| Unpaid rent | Three days to pay or quit, excluding weekends and judicial holidays | CCP 1161(2) |
| Curable lease breach | Three days to perform or quit, then a notice to quit if not cured | CCP 1161(3); Civ. Code 1946.2(c) |
| Waste, nuisance, unlawful use | Three days to quit, no cure | CCP 1161(4) |
| No-fault termination of a month-to-month tenancy, tenant there one year or more | At least 60 days | Civ. Code 1946.1 |
| Month-to-month tenancy, tenant there less than one year | At least 30 days | Civ. Code 1946.1 |
A fixed-term lease generally runs to its end date. Section 1946.1 notices may be served as CCP 1162 allows or by certified or registered mail, and a landlord may not charge the tenant for serving one. Local ordinances can lengthen notice periods, add required language and require filing a copy with the city or county.
What violations cost
An owner who recovers possession in material violation of section 1946.2 can owe actual damages and, at the court’s discretion, attorney’s fees and costs. If the conduct was willful, oppressive, fraudulent or malicious, the court may award up to three times actual damages and punitive damages. The Attorney General and the local city attorney or county counsel can also go to court to stop violations.
The Attorney General’s tenant page puts it plainly: lying about the reason for an eviction is illegal. Plan a no-fault termination only when the reason is real and documented.
Local ordinances in Diamond’s markets
Many Bay Area cities had just cause laws before 2019, and they apply instead of the state section where they cover a unit. Several are stricter on coverage, relocation and filing.
- Unincorporated Sonoma County: Ordinance 6496, adopted September 17, 2024, starts just cause protection when the tenancy begins, sets relocation at the greater of HUD Fair Market Rent or actual rent, removes the state exemption for deed-restricted affordable units, requires notices to state that a sale is not a valid ground, and requires a copy of every termination notice served on or after January 1, 2025 to be filed with the county within three days. Our Larkfield-Wikiup guide covers one of the areas it reaches.
- Petaluma: the city’s tenant protections ordinance, Chapter 6.60 of the Municipal Code, began as an interim ordinance in October 2022 and was amended effective June 15, 2023. The city says it starts protection sooner than state law and reaches more units, including single-family homes, subject to its own exemptions. Our Petaluma guide summarizes its relocation rules; read the ordinance before buying a rental there.
- Oakland, Berkeley and other East Bay cities: see our guides to Oakland rent and eviction rules, Berkeley rent stabilization and East Bay rent rules by city.
- San Jose and Mountain View: San Jose’s Tenant Protection Ordinance and Mountain View’s CSFRA each have their own causes and relocation rules; see the San Jose rent ordinance guide and Mountain View CSFRA guide.
- San Francisco: the city’s Rent Ordinance has its own just causes and buyout rules; our San Francisco multifamily page is the starting point.
Planning a move-in, remodel or sale
Most just cause problems start months before a notice, with a plan built on an assumption. Work through these in order:
- Confirm which law covers the unit: state, local or neither, using the certificate of occupancy, the unit count, the owner’s entity and any exemption notice in the lease.
- Check the tenancy dates, including when each adult joined the lease.
- Match the cause to the facts. A move-in needs a named, qualifying person who will really live there for 12 months; a remodel needs permits and work that truly requires vacancy.
- Budget relocation at the state or local amount, whichever applies, and the time the notice period adds.
- Consider a voluntary agreement. A negotiated move-out is often faster and less risky; our guide to cash-for-keys agreements covers the rules.
- Have counsel draft or review the notice before it is served, since a defective notice is void.
A sale is not on the statute’s list of causes. A buyer takes the property with its tenancies, so read our guides to buying property with tenants and selling a tenant-occupied home before you promise or expect vacant delivery. Diamond manages some rental properties and can suggest landlord-tenant attorneys and partner managers. Diamond may refer you to partners we work with; you’re free to choose any provider.
This is general information, not legal advice. Whether a cause applies, what a notice must say and which ordinance controls depend on the property and the tenancy, so talk to a California landlord-tenant attorney before you serve any termination notice.
Questions people ask
What counts as just cause for eviction in California?
Under Civil Code 1946.2, at-fault causes such as nonpayment, a material lease breach, nuisance, waste or criminal activity, and no-fault causes limited to owner or relative move-in, withdrawal from the rental market, a government order, and demolition or substantial remodel.
Does just cause apply in the first year of a tenancy?
Not under state law, which starts protection after 12 months of lawful occupancy. Some local laws start it sooner; unincorporated Sonoma County’s Ordinance 6496 applies from the start of the tenancy.
How much relocation do I owe for a no-fault eviction?
Under state law, one month’s rent paid within 15 calendar days of the notice, or a written waiver of the final month’s rent. Local ordinances may require more, and the state payment counts toward them.
What qualifies as a substantial remodel?
Permitted work replacing or substantially modifying structural, electrical, plumbing or mechanical systems, or abating hazardous materials, that can’t be done safely with the tenant there and needs at least 30 consecutive days of vacancy. Cosmetic work does not qualify.
What happens if I don’t move in after an owner move-in notice?
If the named person doesn’t move in within 90 days or stay 12 consecutive months, the unit must be offered back to the former tenant at the same rent and terms, with reasonable moving costs reimbursed, and the owner may face damages.
Can I end a tenancy because I’m selling the property?
Not under the state just cause rule; a sale is not a listed cause, and the buyer takes the property subject to the tenancy. Different notice rules apply to tenancies the just cause rules don’t cover.
Does AB 1482 just cause apply in Oakland or San Jose?
Generally no, where the local just cause ordinance covers the unit. Section 1946.2(i) gives way to local ordinances adopted on or before September 1, 2019, and no property is subject to both.
Buying a rental with tenants in place, or planning changes to one you own? We can help you sort out which rules apply before you set a timeline. See our investment property services or contact Diamond.
Sources & notes
- Justia: California Civil Code section 1946.2 (2025 code, as amended by AB 1529, Stats. 2025, ch. 203, effective January 1, 2026)
- Justia: Civil Code section 1946.2, 2024 code with history (added by Stats. 2023, ch. 290; amended by SB 479; operative April 1, 2024)
- LegiScan: SB 567 (2023), chaptered as Stats. 2023, ch. 290
- LegiScan: AB 1529 (2025), housing omnibus, chaptered text and Legislative Counsel’s Digest (Stats. 2025, ch. 203)
- California Public Law: Code of Civil Procedure section 1161 (three-day notices)
- California Public Law: Civil Code section 1946.1 (notice to end a periodic tenancy)
- California Attorney General: Landlord-tenant issues and the Tenant Protection Act (modified October 6, 2026)
- County of Sonoma: Ordinance No. 6496, Residential Tenancy Protections (September 17, 2024)
- County of Sonoma: Residential Tenancy Protections Ordinance, information for landlords
- City of Petaluma: Residential Tenancy Protections
- Petaluma Municipal Code: Chapter 6.60, residential tenancy protections (section 6.60.010, purpose)
Last reviewed October 2026 by Matthew Martinez.