Owner Move-In Terminations in California (SB 567 Rules)

Under Civil Code § 1946.2(b)(2)(A), as rewritten by SB 567 (operative April 1, 2024), a California owner may end a tenancy covered by the just-cause law so the owner or a close family member can live there for at least 12 continuous months. For leases entered into on or after July 1, 2020, it works only if the tenant agrees in writing or the lease contains an owner move-in clause, and the owner must pay one month's rent in relocation assistance or waive the final month's rent (§ 1946.2(d)). The occupant must move in within 90 days after the tenant leaves, or the owner must offer the unit back.

The short version

• Check who will live there: only the owner or a listed relative (spouse, domestic partner, child, grandchild, parent or grandparent) qualifies, and they must make it their primary residence for at least 12 continuous months.
• Leases from July 1, 2020 on need a written tenant agreement or an owner move-in clause.
• The notice must name the occupant and their relationship to the owner and tell the tenant they may request proof.
• Relocation assistance equals one month of the rent in effect when the notice was issued, paid within 15 calendar days of service or given as a written waiver of the final month's rent.
• If the occupant does not move in within 90 days and stay 12 consecutive months, the owner must offer the unit back at the same rent and terms.
• Any failure to comply with § 1946.2 voids the notice (§ 1946.2(g)).

Step 1: Check that owner move-in is available

Work through these conditions before drafting anything. If one fails, owner move-in is not available.

• The tenancy is covered. Just cause applies after a tenant has continuously and lawfully occupied the unit for 12 months, with a special rule when adult tenants are added (§ 1946.2(a)). Some properties are exempt under § 1946.2(e); see just-cause eviction.
• The owner qualifies. "Owner" means a natural person with at least a 25 percent recorded ownership interest; or any recorded interest where 100 percent is divided among family members; or a natural person whose recorded interest is held through an LLC or partnership. Family-trust settlors and beneficiaries, and at least 25 percent beneficial owners of an LLC or partnership, count as natural persons (§ 1946.2(b)(2)(A)(viii)).
• The occupant qualifies. The owner, or the owner's spouse, domestic partner, child, grandchild, parent or grandparent.
• The lease allows it. For leases entered into on or after July 1, 2020, the tenant agrees in writing, or the lease contains a clause allowing termination for owner or family occupancy.
• No other unit fits. If the intended occupant already lives on the property, or a similar unit there is already vacant, this cause is not available.
• The plan is real. The occupant intends to move in within 90 days after the tenant vacates and live there as a primary residence for 12 consecutive months.

Step 2: Put the clause in the lease ahead of time

For any lease signed now, the simplest route is an owner move-in clause in the lease itself. Under § 1946.2(b)(2)(A)(ii), adding that clause to a new or renewed lease "constitutes a similar provision" for the renewal rule in § 1946.2(b)(1)(E). In other words, a tenant who refuses a renewal only because it adds the clause is still refusing a renewal of similar duration with similar provisions. See lease renewals.

Step 3: Write the notice

Deliver the notice in the manner of CCP § 1162 or by certified or registered mail (§ 1946.1(f)), and do not charge a fee for serving it (§ 1946.1(i)). The termination notices page covers § 1946.1 in full, and the notice period calculator gives the end date. If the tenancy is under a fixed-term lease that has not ended, ask counsel how the termination date fits the lease before serving.

Step 4: Pay relocation assistance correctly

The owner chooses one of two forms (§ 1946.2(d)):

1. Direct payment of one month's rent, measured at the rent in effect when the notice was issued, paid no later than 15 calendar days after the notice is served.
2. Written waiver of the final month's rent, made before that rent is due.

This applies regardless of the tenant's income. The statute says a failure to strictly comply with the relocation rules voids the notice, so calendar the 15-day deadline the day you serve.

Step 5: Follow through after the tenant leaves

• Move in on time. The occupant must move in within 90 days after the tenant vacates and stay 12 consecutive months.
• If that does not happen, the owner must offer the unit back to the tenant at the same rent and lease terms, and pay reasonable moving expenses beyond any relocation assistance already paid. A death before the 12 months end is not a violation.
• If the unit is re-rented in that window, it must be offered and rented at the lawful rent in effect when the termination notice was served (§ 1946.2(b)(2)(A)(vii)).
• Keep records of the move-in date, the occupant's residence and any re-offer, in case the tenant asks.

Penalties and common mistakes

Under § 1946.2(g) and (h), any failure to comply voids the termination notice, and a material violation can bring actual damages, discretionary attorney's fees, and, if willful, up to three times actual damages plus punitive damages. Common mistakes to avoid:

• Relying on owner move-in under a lease from July 1, 2020 or later that has no clause and no written tenant agreement.
• Leaving out the occupant's name, the relationship or the right to request proof.
• Missing the 15-day relocation payment deadline, or waiving rent without stating the amount.
• Using owner move-in when a similar unit on the property is already vacant.
• Serving the notice soon after a repair complaint without stating the good-faith ground; see retaliation rules under Civil Code § 1942.5(g).

If the owner instead plans to sell, see selling with tenants in place; a sale is not itself a just cause.

For owners

• Add an owner move-in clause to new and renewed leases if you may want the home back.
• Gather proof of ownership and of the occupant's relationship before serving, since the tenant may ask for it.
• If you are a Coronado owner thinking about moving back in after a military move, see PCS orders: keep and rent or sell.
• If the tenancy ends up in court, see the eviction process.

For renters

• Check the notice for the occupant's name, relationship and your right to request proof.
• Confirm when and how relocation assistance will be paid, or that your final month's rent is waived.
• Leave the owner your new address. If the occupant does not move in within 90 days or stay 12 months, you are entitled to an offer to return.

Local rules

Some cities add rules on top of state law, such as local just-cause, relocation or rental registration requirements; a local just-cause ordinance can displace § 1946.2 (§ 1946.2(i)), so check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026, based on a review of its code's contents.

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

Frequently asked questions

Who counts as family for an owner move-in in California?

The owner's spouse, domestic partner, child, grandchild, parent or grandparent (§ 1946.2(b)(2)(A)). Siblings and other relatives are not on the list. The occupant must intend to live there as a primary residence for at least 12 continuous months.

Does my lease need an owner move-in clause?

For leases entered into on or after July 1, 2020, owner move-in works only if the lease contains a clause allowing it or the tenant agrees in writing. For older leases, that condition does not apply, but every other condition does.

How much relocation money is required for an owner move-in?

One month of the rent in effect when the notice was issued, either paid within 15 calendar days of service of the notice or given as a written waiver of the final month's rent (§ 1946.2(d)). It applies regardless of the tenant's income.

What if the owner never moves in?

If the occupant does not move in within 90 days after the tenant vacates, or does not stay 12 consecutive months, the owner must offer the unit back at the same rent and terms and pay reasonable moving expenses beyond any relocation already paid. A death before 12 months is not a violation.

Can a tenant ask for proof that the owner is really moving in?

Yes. The notice must say the tenant may request proof, and the proof must be provided on request. It may include an operating agreement and other nonpublic documents (§ 1946.2(b)(2)(A)(iv)).

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

Sources

• Civil Code § 1946.2 (opens in a new tab)
• Civil Code § 1946.1 (opens in a new tab)
• Civil Code § 1942.5 (opens in a new tab)
• Code of Civil Procedure § 1162 (opens in a new tab)

Verified October 19, 2026.