Owner move-in evictions in California: rules, notice and relocation

The state rules

Under Civil Code § 1946.2, which applies to many rentals after a tenant has lived there for 12 months, an owner move-in is a no-fault just cause. It covers the owner and the owner's spouse, domestic partner, children, grandchildren, parents or grandparents. For leases entered into on or after July 1, 2020, it applies only if the tenant agrees in writing or the lease allows the owner to terminate for that reason.

Since amendments that took effect in 2024, the notice must include the name of the person who will move in and their relationship to the owner. The owner or relative must move in within a set time after the tenant leaves and live there as a primary residence for a minimum continuous period. If that does not happen, the owner must generally offer the unit back to the former tenant at the same rent and terms and reimburse reasonable moving costs beyond the relocation assistance already paid.

Relocation assistance

For a no-fault termination under § 1946.2, the landlord must either pay relocation assistance equal to one month's rent within 15 calendar days of serving the notice, or waive the final month's rent in writing. The notice must tell you about this right. If the landlord does not provide it, the notice is void.

Many cities require more. Los Angeles, San Francisco, Oakland, San Diego and other cities have their own owner move-in rules, which may limit when an owner can move in, protect older, disabled or long-term tenants or families with school-age children, and require larger relocation payments. Check your city's rules or ask an attorney.

• Check that the notice names the person moving in and their relationship to the owner.
• Note whether relocation assistance was paid or the final month's rent was waived in writing.
• Check your city's rules, which may require more.

Notice period and next steps

An owner move-in termination of a month-to-month tenancy generally requires at least 60 days' written notice when the tenant has lived in the unit for a year or more, and at least 30 days for a shorter tenancy, under Civil Code § 1946.1, with longer periods in some local ordinances. A notice is not a court order: if you are still in the unit after the termination date, the landlord must file an unlawful detainer case, and you can raise defects in the notice as a defense.

After you move out, keep an eye on the unit. If no owner or relative moves in, or the unit is quickly re-rented, you may have a claim. Keep a forwarding address with the landlord so that any offer to re-rent the unit can reach you.