Eviction is never simple. In California, landlords cannot remove tenants without a legally valid reason. This rule is called just cause eviction law. If you own rental property in the state, understanding how just cause laws work is essential. A mistake in the process can cost you time, money, and even lead to legal penalties.
In this guide, we’ll break down just cause eviction California, explain what are just causes for eviction in California, the most common reasons for eviction, notice rules, relocation assistance, and step-by-step procedures.
What Is Just Cause Eviction in California?
Just cause eviction, also known as "good cause" or "for cause" eviction, is a legal requirement that a landlord must have a valid, legally recognized reason before removing a tenant. Unlike “no-fault” evictions that allowed lease terminations without explanation, this law requires landlords to justify their decision with an approved cause.
Under California Civil Code §1946.2 (AB 1482, Tenant Protection Act of 2019), these protections apply once a tenant has lawfully lived in the rental unit for at least 12 months. After this period, a landlord cannot simply decide to end the lease—they must rely on a permitted “just cause.”
Scope of the Law
The Tenant Protection Act applies broadly but not universally. It covers most rental units built before January 1, 2005, ensuring tenants in older housing stock are shielded from unjust terminations. However, some properties are exempt, such as:
- Newer buildings constructed within the last 15 years
- Certain single-family homes or condos owned by individuals (when the required written exemption notice is provided)
- Specific types of affordable housing, dormitories, or government-subsidized units
The just cause eviction under the California Tenant Protection Act is defined by a list of approved reasons. These reasons are split into two main categories: at-fault and no-fault. A landlord can no longer simply say, "I want my property back," without having one of these just causes. This protection prevents arbitrary or retaliatory evictions and provides housing stability for tenants. It also ensures landlords follow a transparent and regulated process.
Legal Grounds for Just Cause Eviction
The legal grounds for just cause eviction California fall into two main groups: at-fault just cause and no-fault just cause. Let’s look at both in detail.
At-Fault Just Cause
At-fault just cause occurs when a tenant violates their rental agreement or California state laws. These reasons for eviction California are considered at-fault grounds, and they represent what is the most common reason for eviction under the law:
- Nonpayment of rent: This is the most common reason for eviction. A tenant who consistently fails to pay rent on time violates their lease.
- Material breach of the lease: For example, keeping unauthorized pets or subletting without approval.
- Nuisance or illegal activity: Repeated disturbances, criminal activity, or property damage.
- Refusal to Allow Landlord Access: A tenant must allow a landlord to enter the property for legitimate reasons (e.g., repairs, inspections) with proper notice.
- Failure to vacate after a lease ends: Staying beyond a fixed-term lease without permission.
- Failure to sign a similar new lease: If a landlord offers a renewal under substantially the same terms and the tenant refuses, this can be grounds for eviction.
- Illegal activities or criminal behavior on the premises: Tenants engaging in unlawful acts, such as drug-related activity, can face just cause eviction.
- Subletting unlawfully: Renting out the unit without authorization or in violation of the lease terms is considered at-fault conduct.
For instance, Civil Code §1161(2) allows eviction for nonpayment of rent after proper notice. Similarly, §1161(4) authorizes eviction when a tenant commits nuisance or engages in illegal activity on the premises.
If a landlord can prove these violations, the court will usually uphold the eviction. However, documentation is critical. Landlords must keep detailed records of rent ledgers, notices, and communications.
No-Fault Just Cause
No-fault just cause refers to situations where a tenant has not violated the lease or housing laws, yet the landlord still has lawful grounds to end the tenancy. These cases arise not because of tenant misconduct, but due to the landlord’s own circumstances or legal requirements. They apply in situations such as:
- Owner or family move-in: The landlord or an immediate family member intends to occupy the rental unit as their primary residence.
- Withdrawal from the rental market (Ellis Act): The landlord chooses to remove the property from the rental housing market entirely.
- Substantial renovations: Major repairs or remodeling projects that cannot reasonably be carried out while the tenant remains in the unit.
- Government order to vacate: Legal or safety directives, such as building code violations or condemnation, requiring tenants to leave.
Because the tenant is not at fault, landlords must often provide relocation assistance. For this reason, just cause eviction California requires landlords to offer relocation benefits in most no-fault situations. We’ll cover this in more detail later.
Notice Requirements for Just Cause Eviction California
Under California’s Tenant Protection Act (AB 1482) and related housing laws, landlords cannot evict tenants without following strict notice rules. The law requires that every eviction - whether for at-fault or no-fault reasons—be supported by a formal, written notice that clearly states the grounds for removal and complies with statutory timelines.
This type of eviction notice in California must clearly state the legal grounds for removal and comply with the timelines and procedures established under California Civil Code §1946.2:
- 3-Day Notice to Pay or Quit – Used when rent is unpaid. The tenant has three days to pay in full or face eviction.
- 3-Day Notice to Cure or Quit – Issued for lease violations, such as unauthorized pets, unlawful subletting, or property damage. The tenant has three days to correct the violation.
- 30-Day Notice to Terminate Tenancy – Required for no-fault just cause evictions if the tenant has lived in the rental unit for less than one year.
- 60-Day Notice to Terminate Tenancy – Required for no-fault evictions when the tenant has occupied the unit for more than one year.
- 90-Day Notice to Vacate – Sometimes necessary when government agencies issue health, safety, or code enforcement orders requiring tenants to leave.
It's vital to use the correct forms and language. An incorrectly drafted or served notice can lead to the entire eviction process being thrown out by a judge. To avoid mistakes, many landlords review templates such as how to write an eviction notice before serving papers.
Relocation Assistance for No-Fault Evictions
When a tenant is asked to move out through a no-fault just cause eviction, California eviction law requires landlords to provide relocation assistance. This is financial support designed to make the transition easier, helping cover costs like hiring movers, paying a new security deposit, or bridging the gap until the tenant secures a new home.
Under the Tenant Protection Act (AB 1482), codified in California Civil Code §1946.2(d), landlords must offer one of two options:
- Direct payment equal to one month’s rent: You can pay the tenant the full amount within 15 days of serving the notice.
- Rent waiver for the final month of tenancy: You can deduct one month's rent from the final month of the tenancy.
The eviction notice itself must clearly explain the tenant’s right to relocation assistance. If the landlord chooses the rent waiver option, the notice must specifically state that no rent is due for the final month.
Keep in mind that a direct payment equal to one month’s rent or a rent waiver for the final month of tenancy represents only the statewide minimum under AB 1482. Some cities, such as Los Angeles and San Francisco, have local ordinances that require higher relocation payments or additional protections. Failing to provide the required relocation assistance can not only halt the eviction process but also expose landlords to legal claims from tenants.
5 Steps For Just Cause Eviction in California
Navigating eviction involves a structured process. Here are six essential steps to help you through the procedure, assuming you have a valid just cause eviction process California.
1. Confirm “Just Cause” Applies
Before you do anything else, you must be certain that a just cause applies to your situation. Review your lease agreement and California's Tenant Protection Act (AB 1482). Make sure your reason for eviction falls into one of the at-fault or no-fault categories.
You also need to check if your property is exempt from the law. Some single-family homes, new construction, and properties already under local rent control may be exempt. If you're unsure, consult with a legal expert.
2. Serve the Correct Notice
Once you have confirmed a valid reason, the next step is to serve the appropriate eviction notice. This is arguably the most important part of the process. The notice must be filled out correctly and delivered to the tenant in a legally compliant manner.
For At-Fault Evictions:
- 3-Day Notice to Pay or Quit – Used when the tenant has failed to pay rent. The tenant has three days to pay the overdue rent or face eviction proceedings.
- 3-Day Notice to Cure or Quit – Used for lease violations, such as unauthorized pets, subletting without permission, or other breaches of the rental agreement. The tenant has three days to correct the violation.
For No-Fault Evictions:
30-Day or 60-Day Notice to Terminate Tenancy is the required notice depends on how long the tenant has lived in the unit:
- 30-Day Notice: If the tenant has lived in the property for less than one year.
- 60-Day Notice: If the tenant has lived in the property for one year or more.
These notices must also include information about relocation assistance, as required under California law, so tenants are aware of their rights and any financial support available to ease the move.
3. Initiate Unlawful Detainer Lawsuit
If the tenant does not comply with the notice (e.g., they don't pay rent or move out), you must file an “unlawful detainer" lawsuit. In California, an unlawful detainer, more commonly known as an eviction, is the official legal term for an eviction lawsuit, used when a landlord wants to get tenants out of a rental property - either commercial or residential.
You'll need to file the lawsuit with the county court. You must correctly fill out the forms and serve the tenant with the summons and complaint. This process is time-sensitive and requires strict adherence to legal procedure. Any mistake can cause significant delays.
4. Attend the Court Hearing and Judgment
Once the tenant is served, they have a limited time to respond. If they don't respond, you may be able to get a default judgment in your favor. If they do respond, a court hearing will be scheduled.
You must attend the hearing and be prepared to present your case. This includes providing evidence such as the lease agreement, copies of the notices, communication with the tenant, and any other relevant documentation. The judge will listen to both sides and make a final decision.
5. Obtain and Enforce the Writ of Possession
After judgment, the court issues a writ of possession. The sheriff will serve this notice and, if necessary, physically remove the tenant.
You must then provide this writ to the county sheriff's department. The sheriff will serve the tenant with a final notice to vacate, usually giving them a few days. If the tenant still doesn't leave, the sheriff will physically remove them from the property. You cannot do this yourself.
For more details on tenant rights, some landlords also review how to file a hardship stay of eviction.
Compliance Checklist for Landlords in Just Cause Eviction California
To stay compliant, landlords should keep this checklist handy:
- Verify your property is subject to AB 1482. Check if it's exempt or under a local rent control ordinance.
- Identify a valid "just cause" for eviction. Be sure it's one of the specific reasons listed in the law.
- Use the correct eviction notice form. Ensure all details are accurate and the notice is legally compliant.
- Serve the notice correctly. Use an authorized method, like personal service, substituted service, or mail.
- If it's a no-fault eviction, provide relocation assistance. Document the payment or rent waiver.
- File the unlawful detainer lawsuit promptly. Do not miss legal deadlines.
- Maintain all documentation. Keep copies of the lease, notices, communications, and any proof of non-compliance.
- Never engage in self-help eviction. Do not change locks, turn off utilities, or harass the tenant. This is illegal.
- Consult with an attorney if you're unsure. An expert can save you from costly mistakes.
This checklist helps landlords comply with just cause eviction California requirements.
Common Challenges for Landlords in Just Cause Eviction in California
Even when landlords follow the law, challenges arise. Here are some of the most common issues landlords face:
Strict Grounds for Eviction
The biggest hurdle for many landlords is simply meeting the legal standard for a "just cause." The law is very specific, and a vague reason like "I just don't like the tenant" is not acceptable. You must have clear evidence that the tenant violated the lease or that a valid no-fault reason exists.
Tenant Eligibility and Exemptions
Some landlords mistakenly believe their property is exempt when it's not. For example, a single-family home may be exempt, but only if the landlord has met specific notice requirements and the home is not owned by a corporation or LLC. Failing to verify the exemption can lead to a lawsuit.
Notice Requirements and Documentation
Errors in the eviction notice are a common cause of failure. Whether it's a simple typo or a fundamental legal error, a court can dismiss the entire case. This forces the landlord to start over, which costs time and money.
Relocation Assistance Obligations
For no-fault evictions, forgetting to provide relocation assistance or not documenting it properly can derail the entire process. Tenants are well-protected by the law, and courts will strictly enforce this requirement.
Compliance with Local Ordinances
Some cities, like San Francisco and Los Angeles, have their own, more stringent rent control and eviction laws that predate AB 1482. Landlords in these areas must comply with both the state law and the local ordinance, which can be even more complex:
San Francisco
- The San Francisco Rent Ordinance requires “just cause” for all covered rental units, regardless of the Tenant Protection Act.
- Eviction reasons are tightly restricted to categories such as nonpayment, lease breach, nuisance, or owner move-in.
- Landlords must file a copy of the eviction notice with the Rent Board within 10 days of service.
- Additional relocation assistance is mandatory for certain no-fault evictions, often much higher than the state’s one-month rent requirement.
Los Angeles
- The Los Angeles Rent Stabilization Ordinance (RSO) limits rent increases and defines specific just cause grounds for eviction.
- For no-fault evictions (owner move-in, withdrawal from rental market, etc.), landlords are required to provide relocation assistance. California law and LAHD guidelines set the timing and procedure for these payments, typically requiring payment through an escrow account or within 15 days after serving the notice.
- The city also recently expanded COVID-19 eviction protections, delaying some nonpayment-related evictions (Los Angeles Municipal Code Section 49.99.2)
- Landlords must file notices with the Los Angeles Housing Department (LAHD) for tracking and compliance.
Oakland
- The Oakland Just Cause for Eviction Ordinance applies to nearly all rental units, even single-family homes in some cases.
- Landlords cannot evict simply because a lease expires—only specific just causes apply.
- Relocation assistance is required for no-fault evictions, with amounts set by the city and updated annually.
Risk of Legal Disputes and Defense
Tenants who feel they have been wrongly evicted often seek legal counsel. If a tenant hires an attorney, the landlord may have to defend against claims of wrongful eviction, which can be expensive and time-consuming. It's also important to know that tenants can use tools like checking eviction history to prepare their case.
Potential for Abuse of No-Fault Evictions
The law provides for no-fault evictions, but it's important to be genuine about your intentions. A landlord who claims they are moving in but then rents the unit out to a new tenant for a higher price can face serious penalties and legal action from the former tenant. The law requires the landlord to occupy the unit for a minimum of 12 months.
Conclusion
Just cause eviction in California shapes the landlord-tenant relationship. They balance tenant protection with property owner rights. If you’re a landlord, it’s critical to know what is just cause eviction, how it applies under the California Tenant Protection Act, and the exact steps to follow.
Mistakes in the process can be costly. Always document thoroughly, follow notice rules, and check for local variations. And if needed, consult legal professionals to reduce risks.
FAQs
Can a landlord evict you immediately in California?
No. A landlord cannot remove a tenant without going through the court process. Even in cases of nonpayment, the tenant must first be given a proper notice and the chance to cure the violation.
Do all landlords have to follow just cause eviction laws?
Most rental units in California are covered, but some exemptions exist. Single-family homes (if not owned by corporations), new constructions under 15 years old, and certain government-subsidized units may not fall under AB 1482.
What is the new no-cause eviction law in California?
The term “no cause eviction” generally refers to removals without legal grounds. Under AB 1482, most landlords cannot evict without just cause. The law ensures that tenants can only be displaced if at-fault or no-fault reasons apply, and in no-fault cases, relocation assistance is often required.
