Just-Cause Eviction in California (Civil Code § 1946.2)

Once a tenant has continuously and lawfully occupied a California rental for 12 months, Civil Code § 1946.2 (part of the Tenant Protection Act, AB 1482) bars the owner from ending the tenancy without a just cause stated in the written termination notice. For no-fault causes such as an owner move-in, the owner must also pay relocation assistance equal to one month's rent or waive the final month's rent. Any failure to comply voids the notice.

At a glance

What the law says

When the protection starts

Section 1946.2(a) applies after a tenant "has continuously and lawfully occupied a residential real property for 12 months." If new adult tenants join before an existing tenant reaches 24 months, the protection applies only once all tenants have 12 months of occupancy, or at least one tenant has 24 months.

The notice periods in Civil Code § 1946.1 do not by themselves supply a just cause; where § 1946.2 applies, the owner needs a just cause as well. See ending a month-to-month tenancy.

At-fault just causes

Section 1946.2(b)(1) lists these:

• Default in the payment of rent.
• Breach of a material term of the lease, including after a written notice to correct.
• Maintaining or permitting a nuisance.
• Committing waste.
• Refusing, after a written request, to sign a new lease of similar duration and terms when the prior lease expired (for a lease ending on or after January 1, 2020).
• Criminal activity on the property, or a criminal threat directed at the owner or agent.
• Assigning or subletting in violation of the lease.
• Refusing the owner lawful entry under Civil Code § 1954 or the smoke and carbon monoxide alarm statutes.
• Using the premises for an unlawful purpose.
• An employee, agent or licensee failing to vacate after their employment or license ends.
• Failing to deliver possession after the tenant gave their own notice to leave.

Curable violations need a cure notice first. Under § 1946.2(c), when a lease violation can be corrected, the owner must first give notice of the violation with an opportunity to cure under Code of Civil Procedure § 1161(3). Only if the tenant does not cure within the notice period may the owner serve a three-day notice to quit without an opportunity to cure. See three-day notices.

No-fault just causes

Section 1946.2(b)(2) allows four reasons that are not the tenant's fault:

1. Owner or family move-in. The occupant must be the owner, or the owner's spouse, domestic partner, child, grandchild, parent or grandparent, moving in for at least 12 continuous months as a primary residence.
2. Withdrawal of the unit from the rental market.
3. Compliance with a government or court order, or a local ordinance, that requires vacating.
4. Intent to demolish or substantially remodel.

Owner move-in has extra conditions (as rewritten by SB 567, operative April 1, 2024):

• For leases entered into on or after July 1, 2020, it works only if the tenant agrees in writing or the lease contains a clause allowing termination for owner or family occupancy.
• It is not available if the intended occupant already lives in a unit on the property, or a similar unit there is already vacant.
• 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 after the tenant leaves and stay 12 consecutive months. If not, the owner must offer the unit back at the same rent and terms and pay reasonable moving expenses beyond relocation already paid. A death before 12 months is not a violation.
• "Owner" means a natural person with at least 25% recorded ownership, any recorded share where family members hold 100%, or a natural person holding through an LLC or partnership. A family-trust settlor or beneficiary counts as a natural person.

Substantial remodel means replacing or substantially modifying a permitted structural, electrical, plumbing or mechanical system, or abating hazardous materials such as lead paint, mold or asbestos, where the work cannot be done safely with the tenant in place and requires the tenant to vacate for at least 30 consecutive days. Cosmetic work does not qualify. The notice must include the statutory re-rental statement, a description and expected duration of the work, and a copy of the permit (or, for permit-free hazardous-material abatement, the signed contractor contract).

Relocation assistance for no-fault terminations

Under § 1946.2(d), the owner must provide relocation assistance regardless of the tenant's income, choosing one of two forms:

• A direct payment equal to one month of the rent in effect when the notice was issued, made within 15 calendar days of service of the notice; or
• A written waiver of the final month's rent, made before that rent is due.

The notice must tell the tenant about this right. If the owner chooses the waiver, the notice must state the amount waived and that no rent is due for the final month. Failure to strictly comply voids the notice.

Who it applies to

Section 1946.2(e) exempts:

1. Transient and tourist hotel occupancy.
2. Nonprofit hospitals, religious facilities, extended care facilities, licensed residential care facilities for the elderly, and adult residential facilities.
3. Dormitories owned by a college or K-12 school.
4. A tenant who shares a bathroom or kitchen with an owner who lives there.
5. An owner-occupied single-family residence where the owner rents no more than two units or bedrooms (including an ADU or JADU).
6. An owner-occupied duplex in a single structure, with no ADU or JADU.
7. Housing with a certificate of occupancy issued within the previous 15 years.
8. A single-family home or condo owned by someone other than a REIT, a corporation, or an LLC with a corporate member, with the statutory exemption notice. For tenancies started or renewed on or after July 1, 2020, the notice must be in the rental agreement.
9. Deed-restricted or subsidized affordable housing.

Item 8 uses the same word-for-word statement that exempts the home from the rent cap.

Covered properties need a tenant notice. Under § 1946.2(f), tenants of covered property must receive, in at least 12-point type, the statutory paragraph that begins "California law limits the amount your rent can be increased. See Section 1947.12..." For tenancies started or renewed on or after July 1, 2020, it can go in the lease, in an addendum, or in a separate written notice signed by the tenant. The "in the lease" option was added by AB 1529, effective January 1, 2026.

What owners should do

1. Track occupancy dates for every adult tenant so you know when the 12-month and 24-month thresholds are reached.
2. Confirm coverage. If you rely on the single-family exemption, check that the exact statement is in the current lease and that the owner is not a REIT, corporation or LLC with a corporate member.
3. Name the cause in the notice. A termination notice for a covered tenancy must state the just cause.
4. Give a cure notice first for curable lease violations.
5. For owner move-in, check that the lease clause or written agreement exists, and include the occupant's name, relationship, and the right to request proof.
6. For any no-fault cause, tell the tenant about relocation assistance in the notice, then pay within 15 calendar days of service or state the waived final-month amount.
7. For a month-to-month tenancy, also give the § 1946.1 notice period (60 days, or 30 days if the tenant has resided there less than one year). The notice period calculator can help with dates.

What tenants should know

• After 12 months of lawful occupancy in a covered unit, your tenancy can be ended only for a cause listed in the statute, and the notice must say which one.
• If the notice is for a no-fault reason, you are owed one month's rent in relocation help, as a payment within 15 calendar days or a waived final month.
• A notice that does not follow § 1946.2 is void. For material violations you may recover actual damages and, at the court's discretion, attorney's fees; willful violations can bring up to three times actual damages plus punitive damages (§ 1946.2(h)).

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

• Fixed-Term Lease or Month-to-Month? Choosing a Lease Term in California
• Lease Renewals and Automatic Renewal Clauses in California
• Owner Move-In Terminations in California (SB 567 Rules)
• Subletting and Assignment Clauses in California Leases
• Substantial Remodel Terminations in California

Local rules

Local just-cause ordinances adopted on or before September 1, 2019, or later ones that are more protective, displace § 1946.2, and a property cannot be subject to both (§ 1946.2(i)). Coronado has no local just-cause or rent-control ordinance as of October 2026 (based on a review of its code's contents), so § 1946.2 applies there; see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

• January 1, 2026 (AB 1529): the § 1946.2(f) tenant notice may now be placed in the lease itself.
• January 1, 2026 (AB 246): according to the bill's Legislative Counsel's Digest, in an eviction for nonpayment a tenant may raise "Social Security hardship" (benefits ended, delayed or reduced through federal action or inaction) as a defense under new Civil Code § 1946.3. If proven, the court stays the case; the tenant still owes the rent and must pay it or agree to a payment plan within 14 days after benefits resume. This provision is repealed January 20, 2029.
• January 1, 2030: § 1946.2 is repealed unless extended.

Frequently asked questions

Does just cause apply from the first day of a lease?

No. It applies after the tenant has continuously and lawfully occupied the unit for 12 months. If adult tenants are added before an existing tenant reaches 24 months, it applies once all tenants have 12 months or one has 24 months.

Is not renewing a lease a just cause?

Not by itself. A tenant's refusal to sign a new lease of similar duration and terms, after a written request, is an at-fault cause. The expiration of a lease, on its own, is not one of the listed causes.

How much relocation assistance is required?

One month of the rent in effect when the notice was issued, for any no-fault termination. The owner either pays it within 15 calendar days of serving the notice or waives the final month's rent in writing before it is due.

Can an owner move in after a tenant's lease started in 2021?

Only if the tenant agrees in writing or the lease has a clause allowing termination for owner or family occupancy. That condition applies to leases entered into on or after July 1, 2020.

What happens if the notice is wrong?

Any failure to comply with § 1946.2 renders the termination notice void. For material violations the tenant may also recover actual damages, and more if the violation was willful.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

• Civil Code § 1946.2 (opens in a new tab)
• Civil Code § 1946.1 (opens in a new tab)
• Code of Civil Procedure § 1161 (opens in a new tab)
• AB 246 (2025), Social Security hardship defense (opens in a new tab)

Verified October 19, 2026.