Just Cause Eviction in California: At-Fault, No-Fault, and Local Requirements

Since January 1, 2020, most California landlords are required to have just cause to evict a tenant who has continuously and lawfully occupied the unit for 12 months or longer. The just cause eviction requirement, codified at Civil Code § 1946.2, divides permissible grounds into at-fault causes and no-fault causes. Many local ordinances impose additional requirements that go beyond state law.

At-Fault Just Cause

At-fault just cause means the tenant did something wrong. Recognized at-fault grounds under Civil Code § 1946.2(b)(1) include:

• Default in the payment of rent
• Breach of a material term of the lease
• Maintaining, committing, or permitting a nuisance
• Committing waste
• Refusal to execute a written extension or renewal of an expiring lease on materially similar terms
• Criminal activity on the premises
• Assigning or subletting in violation of the lease
• Refusal to allow the landlord lawful access after proper notice
• Using the premises for an unlawful purpose
• Failure of a tenant-employee to vacate after termination of the employment relationship
• Failure to deliver possession after the tenant gives their own notice of intent to vacate

For at-fault causes that are curable, the landlord must first serve a notice to cure and allow the tenant a reasonable opportunity to fix the violation.

No-Fault Just Cause

No-fault just cause means the landlord has a legitimate business reason to recover possession, not based on tenant misconduct. Recognized no-fault grounds under Civil Code § 1946.2(b)(2) include:

• Owner or qualifying family member move-in (spouse, domestic partner, children, grandchildren, parents, grandparents) — owner must intend to occupy as primary residence for at least 12 continuous months, and actually do so
• Withdrawal of the unit from the rental market (Ellis Act, Government Code § 7060 et seq.)
• Intent to demolish or substantially remodel the unit
• Compliance with a government order or local ordinance requiring vacancy

SB 567: Owner Move-In and No-Fault Eviction Requirements

Under SB 567 (the Homelessness Prevention Act, effective April 1, 2024), owner move-in evictions require:

• The intended occupant must actually move in within 90 days after the tenant vacates
• The intended occupant must reside in the unit as a primary residence for at least 12 continuous months
• The termination notice must include the name and relationship of the intended occupant
• The tenant may request proof of ownership or relationship, including operating agreements

Substantial Remodel Evictions

A landlord seeking to evict for substantial remodel must provide the tenant with evidence that the remodel requires a permit and will render the unit uninhabitable for at least 30 consecutive days. The landlord must obtain the necessary permits before serving the notice and must provide copies to the tenant. Cosmetic updates or minor repairs do not qualify. After the remodel is complete, the displaced tenant generally has the right of first refusal to return to the unit at the same rent.

Ellis Act Withdrawals

The Ellis Act (Government Code § 7060 et seq.) allows landlords to withdraw rental units from the market entirely. The landlord must file a notice of intent to withdraw with the local housing authority and provide tenants with at least 120 days' notice. Under Government Code § 7060.4, tenants who are 62 years or older or disabled, and who have occupied the unit for at least one year before the notice, are entitled to one year's notice. The landlord must also pay relocation assistance. If the landlord returns the unit to the rental market within specified time periods, the unit may be subject to the original rent control terms.

Relocation Assistance

For every no-fault eviction, the landlord must provide relocation assistance equal to one month's rent. This can be paid directly to the tenant (within 15 calendar days of serving the notice) or waived as the final month's rent. The notice must specify which option the landlord is electing. Failure to provide relocation assistance is a complete defense to the eviction. (Civil Code § 1946.2(d).)

Local Ordinances May Be Stricter

Many local jurisdictions have their own just cause ordinances with additional grounds, different notice requirements, or higher relocation payments. Always check the local law in addition to state law before issuing any termination notice.