🤯 Evicting a Tenant for a Family Member in California: A 'Hold My Avocado Toast' Guide to the Golden State's Wild Housing Laws!
Listen up, folks! So you've got this sweet little rental in sunny California, maybe a killer condo or a cool house, and now your dear family member—let's say your awesome Aunt Carol—needs a place to crash. Like, now. You figure, "Hey, I own the joint, my family's moving in, this is a slam dunk!" Wrong-o, buddy! Welcome to California, the land of sunshine, movie stars, and some of the most intense tenant protection laws in the country. Trying to pull off an "Owner Move-In" or "Relative Move-In" eviction here is less of a slam dunk and more like trying to juggle flaming chainsaws while riding a unicycle. It’s complicated, messy, and you absolutely need a map. Let's dive into the legal deep end so you don't get totally wiped out by the tides.
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| Can I Evict A Tenant To Move In A Family Member California |
🧐 The Lowdown: It’s All About "Just Cause"
First thing's first: Most tenants in California, after living in a unit for 12 months (or 24 months if one adult moved in later), are protected by the Tenant Protection Act of 2019 (AB 1482), which is basically a superhero cape for renters. This statewide law—and often stricter local ordinances in cities like LA, San Francisco, and Berkeley—means you can't just say "See ya!" for no reason. You need "Just Cause."
The good news? Evicting a tenant so a close family member can move in can be a "No-Fault Just Cause." "No-fault" means the tenant didn't do anything wrong, but you still have a legally recognized reason to end the tenancy. The bad news? Since it’s "no-fault," it comes with serious hoops you gotta jump through, including paying the tenant relocation assistance. Ouch!
Step 1: 📜 Figure Out if Your Property is Even Covered (The Great Exemption Hunt)
This is where you grab your magnifying glass. Before you even think about handing out a notice, you need to know which rules apply to your property. If your unit is exempt from Just Cause protection, your life is about to get way easier (but still follow state notice laws!).
1.1 The Statewide Sweep (AB 1482)
The Tenant Protection Act of 2019 (AB 1482) has some exemptions. Does your property fall into one of these lucky categories?
Tip: Reading in short bursts can keep focus high.
New Builds: Housing that was built and issued a certificate of occupancy within the last 15 years. If it's brand-spanking-new, you might be golden.
Owner-Occupied Duplexes: A duplex where the owner occupies one unit as their primary residence at the beginning of the tenancy and remains in occupancy.
Single-Family Homes/Condos (with proper notice): In most cases, if the property is not owned by a corporation, a Real Estate Investment Trust (REIT), or a Limited Liability Company (LLC) where at least one member is a corporation, and you provided the tenant with a specific notice of exemption at the start of the tenancy, it might be exempt. Did you give that notice? Find that paper trail!
1.2 Local City Rules (Where Things Get Spicy)
Some cities have their own rent control and eviction laws that are even stricter than the state’s. We’re talking places like Los Angeles, San Francisco, Oakland, and San Jose. If you're in one of these areas, you must follow the most protective law—state or local. These local laws often have tougher requirements on who counts as a "qualified relative," what ownership percentage you need, and the amount of relocation assistance.
Pro Tip: "Don't assume state law is the final word. Local ordinances can be a total game-changer. It's like finding a secret, extra-hard level in a video game."
Step 2: 👨👩👧👦 Confirm the "Qualified Relative" and the "Primary Residence" Vibe
Okay, your property is covered by Just Cause. Deep breaths. The law only lets certain family members crash at your place—it's not a free-for-all for your cousin's dog walker.
2.1 Who Makes the Cut? (The Official Family Tree)
Under AB 1482, the eviction is generally permitted only for the owner’s:
Spouse or Domestic Partner
Child or Grandchild
Parent or Grandparent
Fun Fact: Some local laws, like LA's, are even stricter on required ownership interest and who qualifies! You typically need a minimum ownership stake (sometimes 25%, sometimes 50% or more, depending on the local jurisdiction) to start this process. Go check your deed!
QuickTip: Return to sections that felt unclear.
2.2 The 'Primary Residence' Promise (No Fake Outs!)
This is the big one. The owner or qualified relative must intend to occupy the unit as their principal residence for at least 12 continuous months. This isn't a summer sublet; it's a long-term commitment. And here's the kicker, a new rule as of April 1, 2024, is that the relative must move in within 90 days of the tenant leaving. If the relative bails early, you might have to offer the unit back to the evicted tenant! That's a nightmare waiting to happen, so be legit.
Step 3: 💸 Hand Over the Relocation Assistance (The Pay-to-Play Fee)
Since this is a "No-Fault" eviction, you are generally required to pay the tenant relocation assistance to help them find a new pad. Consider it a parting gift, but less fun.
3.1 What’s the Damage?
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Under the statewide AB 1482, the amount is equal to one month's rent. You can either:
Pay the tenant the money within 15 calendar days of serving the eviction notice, OR
Waive the final month's rent.
Warning: Local rules often demand way more cash! Cities might require several thousand dollars, or an amount based on the Fair Market Rent, the size of the unit, or if the tenant is a senior, disabled, or has minor children. This is not the time to be cheap; check your city's exact numbers!
Step 4: ✉️ Serve the Proper Notice (Don't Be a Rookie!)
This is the most procedural and crucial step. Mess up the notice, and you’re starting over. The notice is typically a 60-Day Notice to Terminate Tenancy if the tenant has lived there for more than one year.
QuickTip: A quick skim can reveal the main idea fast.
4.1 Required Notice Elements
Your notice has to be perfect and include the following:
The specific legal reason for the eviction (Relative Move-In).
The name of the specific family member who will move in.
The relationship of that person to you (e.g., "my daughter, Jane Doe").
A notice that the tenant can request proof of your relationship/ownership.
A notice regarding the tenant's right to relocation assistance (and whether you are paying it or waiving the last month's rent).
A Key Detail: "The state law now says you can't evict a tenant for an owner/relative move-in if you have another similar, vacant unit at the property that the family member could move into instead. If you have an empty unit, your eviction notice is DOA (Dead On Arrival)."
4.2 Play the Waiting Game
After serving the proper notice (and paying the relocation fee or waiving the last month’s rent), you wait. If the tenant is still there after the 60 days are up, only then can you file an Unlawful Detainer (eviction lawsuit) with the court. Under no circumstances can you change the locks, turn off utilities, or remove their stuff. That’s an illegal lockout, and the fines are no joke.
FAQ Questions and Answers
How to calculate relocation assistance for a relative move-in eviction?
The statewide minimum is generally one month's rent. However, many cities (especially those with local rent control ordinances) require a substantially higher, set amount, often based on factors like the unit size and the tenant's age/disability status. You must consult your local city's rent board or housing department for the exact, required amount for your specific location.
Tip: Don’t skim — absorb.
What happens if my relative moves out before 12 months?
If the qualified relative fails to move in within 90 days after the tenant vacates or does not remain in the unit as their primary residence for at least 12 continuous months, the law generally requires the owner to offer the unit back to the displaced tenant at the same rent and lease terms. The owner is also liable for the tenant's reasonable moving expenses beyond the original relocation assistance.
Can I evict a senior or disabled tenant for a family move-in?
Often, no. Many local ordinances, and even some aspects of state law, provide special protections for tenants who are elderly (often 62+), disabled, or chronically/catastrophically ill, especially if they have lived in the unit for a long time (e.g., 5 or 10 years). You may be entirely prohibited from evicting a protected tenant, with very limited exceptions.
How much notice do I have to give my tenant in California?
If the tenant has occupied the property for one year or more, you must provide a 60-Day Written Notice for a no-fault termination like a family move-in. If the tenant has occupied the property for less than one year, a 30-Day Notice is usually sufficient, but the "Just Cause" rules still apply if the tenancy is covered.
What proof of relationship is a tenant entitled to request?
The eviction notice must inform the tenant that they have the right to request proof that the intended occupant is a qualified relative. While the law doesn't specify every document, this generally means non-public documents that prove the familial connection, such as birth certificates, marriage licenses, or other legal documents, in a way that respects privacy but confirms the relationship stated in the notice.
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