California limits when a landlord can evict renters. (2024)

FAQs

Can landlords evict tenants in California right now? ›

The Tenant Protection Act of 2019 (AB 1482) is a new law that requires a landlord to have a valid reason to evict renters so long as the renter has lived in the rental housing for at least 12 months. This is called “just cause” protections for eviction.

30-DAY, 60-DAY AND 90-DAY NOTICES TO MOVE

If you are not behind in your rent but the landlord wants you to move out, they must give you a written notice. Only a 30-day notice is required if all tenants have lived there less than a year. A 60-day notice is required if all tenants have lived there a year or longer.

Also effective April 1, 2024, the eviction notice must include the name of the person moving in, their relationship to the owner, and that the tenant may request proof of that relationship, and there must be no other similar unit already vacant on the property that the owner or relative could move in to instead.

There are 3-day, 30-day, 60-day, or 90-day Notices to Quit. The number of days in the Notice is the deadline for when you have to do what the Notice says. Select the type of Notice you got for an explanation of what it means and the basic information the landlord is required to include.

Under California law, the only lawful way to evict a tenant is to file a case in court. As a tenant, you have a right to remain in your home until a court orders you to move out.

The Act is complex, but, generally speaking, it requires landlords to have "just cause"—a reason recognized by the Act—to evict a tenant who has lived in a rental for 12 months or longer.

A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out. (CCP Section 1946.1.)

No-fault Just Causes are: (1) Intent to occupy the property by the owner or spouse, domestic partner, children, grandchildren, parents or grandparents; (2) Withdrawal from the rental market; (3) Compliance with order from the government to vacate; (4) Intent to demolish or substantially remodel.

In California, you may also evict a tenant if: The tenant stays after the lease is up and refuses to leave voluntarily after being given the proper notice to move, or. The landlord terminates the rental agreement for a valid reason and the tenant refuses to leave on his or her own after being given the proper notice.

According to California landlord-tenant laws, tenants have the right to live in safe, habitable rental units, as well as sue the landlord for retaliation, withhold rent for failure to provide essential services, recover attorney's fees, and more.

Can a landlord terminate a month-to-month lease without cause in California? ›

The rules differ depending on which type of rental agreement exists between landlord and tenant. Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.

In California, rent increases are tied to local inflation rates and property specifics. Under AB 1482, landlords can raise rent by a maximum of 5% plus the local CPI or 10%, whichever is lower. The local CPI is determined by the California Consumer Price Index, released annually by the California Department of Finance.

In California's housing law, the rent is considered late the day after its due date. There is a grace period stipulated in the rental/lease agreement that every tenant must understand. The landlord can issue a 3-Day Notice to Pay or Quit if the tenants failed to pay the rent, which is already past due.

If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.

In California, you can initiate an eviction court case under any one of the following circ*mstances: Consistently late rent. Incomplete rent payments or non-payment of rent. Breach of the lease or rental agreement, with no intent to rectify the issue.

The Tenant Protection Act caps rent increases for most residential tenants in California. Landlords can't raise rent more than 10% total or 5% + CPI increase (whichever is lower) over a 12-month period. No-fault evictions are prohibited, so landlords can't evict a tenant without cause.

If the tenant does not pay the rent within 3 days of receiving the 3-day period, he or she must still move out in 30 days. If the tenant does not move out after the 30 days, then the landlord has to file an unlawful detainer case.