Just-cause eviction under AB 1482 (Civil Code 1946.2): what landlords need to know
General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.
The Tenant Protection Act of 2019 (AB 1482) changed how many California landlords can end a tenancy. The just-cause rules are in Civil Code section 1946.2. Small mistakes can void a notice, so here is an overview of how I think about it. It's general information, not advice about your property.
When the just-cause rules apply
For covered properties, once a tenant has continuously and lawfully occupied the unit for 12 months, the owner can't terminate the tenancy without just cause, and the cause must be stated in the written notice. If additional adult tenants are added before an existing tenant reaches 24 months, the rules apply only when all tenants have been there at least 12 months, or at least one tenant has been there 24 months or more.
At-fault just cause
These include, among others listed in the statute:
- default in the payment of rent,
- breach of a material lease term, including after a written notice to correct,
- nuisance, waste, or using the premises for an unlawful purpose,
- criminal activity on the property, or criminal threats directed at the owner or agent,
- assigning or subletting in violation of the lease,
- refusing lawful entry, and
- refusing to sign a lease extension or renewal of similar duration and terms after a written request (with conditions).
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Curable violations: cure notice first
Under section 1946.2(c), before serving a notice to terminate for a curable lease violation, the owner must first give notice of the violation with an opportunity to cure under Code of Civil Procedure section 1161(3). Only if the tenant doesn't cure in time can a three-day notice to quit without an opportunity to cure follow.
No-fault just cause
- Owner or family move-in. For leases entered into on or after July 1, 2020, this is available only if the tenant agrees in writing or the lease allows it. The notice must name the intended occupant and their relationship to the owner, and tell the tenant they may request proof. The occupant must move in within 90 days and live there as a primary residence for at least 12 consecutive months.
- Withdrawal of the property from the rental market.
- Compliance with a government or court order, or a local ordinance, that requires vacating.
- Demolition or substantial remodel. The statute defines "substantial remodel" narrowly: permitted work on structural, electrical, plumbing, or mechanical systems, or hazardous-material abatement, that requires the tenant to vacate for at least 30 consecutive days. Cosmetic work doesn't qualify. The notice has specific content requirements, including a required statement about the tenant's right to re-rent.
Relocation assistance for no-fault terminations
For a no-fault termination, section 1946.2(d) requires the owner, at the owner's option, to either:
- pay the tenant relocation assistance equal to one month's rent within 15 calendar days of serving the notice, or
- waive in writing the final month's rent before it comes due.
The notice must tell the tenant about this right. Failing to strictly comply makes the notice void.
Exemptions
Section 1946.2(e) lists exemptions. Some common ones:
- housing where the tenant shares a bathroom or kitchen with an owner who lives there,
- certain owner-occupied single-family homes and owner-occupied duplexes,
- housing that received a certificate of occupancy within the previous 15 years, and
- certain deed-restricted affordable housing.
Separately alienable single-family homes and condos can be exempt only if the owner isn't a REIT, a corporation, or an LLC with a corporate member, and the tenant received the exact exemption notice the statute requires. For tenancies starting or renewed on or after July 1, 2020, that notice must be in the lease.
Required tenant notice
Section 1946.2(f) requires owners of covered properties to give tenants a specific written notice about the rent cap and just-cause rules, in at least 12-point type.
Local ordinances
If a local just-cause ordinance adopted on or before September 1, 2019 applies, or a later one that's more protective and meets the statute's criteria, the local ordinance applies instead of section 1946.2. A property can't be subject to both. Check your city and county.
Consequences and related rules
- Liability. An owner who tries to recover possession in material violation of the section can be liable for actual damages, attorney's fees and costs in the court's discretion, and up to three times actual damages (plus possible punitive damages) for willful, oppressive, fraudulent, or malicious conduct.
- No waivers. Tenant waivers of these rights are void.
- Rent cap. The companion rent cap in Civil Code section 1947.12 generally limits increases over any 12-month period to 5% plus the change in the cost of living, or 10%, whichever is lower.
- Sunset date. Section 1946.2 by its terms remains in effect only until January 1, 2030.
I represent landlords in eviction matters. If you're considering ending a tenancy, send the intake before you serve anything, and I'll review whether AB 1482 or a local ordinance applies.
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Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.
