What are the owner move-in eviction requirements under SB 567?

Under SB 567, effective April 1, 2024, a landlord conducting an owner move-in eviction must: (1) actually move into the unit as their primary residence within 90 days of the tenant vacating; (2) occupy the unit as their primary residence for at least 12 months; (3) pay the tenant one month's rent in relocation assistance; and (4) if they fail to occupy or move out before the 12 months is up, the tenant may sue for actual damages plus a $10,000 penalty.

California Eviction Laws 2026 — SB 567 & Just-Cause Rules

Q: What is just-cause eviction in California?

Under AB 1482 and SB 567, California landlords covered by the Tenant Protection Act may not evict a tenant who has occupied the unit for 12 months or more without a legally recognized 'just cause.' Just causes fall into two categories: at-fault causes (where the tenant did something wrong, such as not paying rent or violating the lease) and no-fault causes (where the tenant did nothing wrong but the landlord has a legitimate reason, such as moving in or doing a major remodel).

Q: What is the difference between a 3-day, 30-day, and 60-day eviction notice in California?

A 3-Day Notice to Pay or Quit is for unpaid rent — the tenant has 3 days to pay or leave. A 3-Day Notice to Cure or Quit is for lease violations — the tenant has 3 days to fix the violation or leave. A 30-Day or 60-Day Notice to Vacate is used for no-fault terminations: 30 days if the tenant has been there less than 1 year, 60 days if 1 year or more. For AB 1482-covered units, no-fault notices require just cause and relocation assistance.

Q: How long does an eviction take in California?

The timeline varies widely. An uncontested eviction in Orange County typically takes 4 to 8 weeks from notice to writ of possession. If the tenant files a response and the case goes to trial, the timeline can extend to 3 to 6 months or longer. Post-judgment, a sheriff's lockout can add another 1 to 3 weeks. Delays for legal aid, continuances, and court backlogs can push contested cases past 6 months.

Q: What is relocation assistance and when is it required in California?

Relocation assistance is a cash payment from the landlord to the tenant required for no-fault evictions under AB 1482. The minimum is one month's rent. It must be paid to the tenant before or at the time the notice to vacate is served. Local ordinances such as the Santa Ana RSO and LA City RSO may require higher amounts based on tenure, age, and disability status. Failure to pay required relocation assistance can invalidate the eviction.

SB 567 — What Changed for California Landlords in 2024

Senate Bill 567, signed into law in October 2023 and effective April 1, 2024, significantly tightened the just-cause eviction requirements originally established by AB 1482 (the Tenant Protection Act of 2019). SB 567 did not create a new legal framework — it strengthened and clarified the existing one. For landlords who were already operating close to the line on owner move-in or substantial remodel evictions, these changes fundamentally altered the risk calculus.

Before SB 567, landlords and tenant attorneys often disputed what "good faith" meant in owner move-in evictions, and "substantial remodel" was loosely defined enough that some landlords used it pretextually to remove long-term tenants. SB 567 replaced much of that ambiguity with hard statutory requirements and severe financial penalties for non-compliance.

SB 567 — Most Important Changes at a Glance

Owner move-in: Must occupy within 90 days and stay for at least 12 months — or face a $10,000 per-tenant penalty plus actual damages
Substantial remodel: Now requires a valid building permit; work must be of such a nature that it cannot safely be done with the tenant in place
Relocation assistance: Explicitly required at minimum one month's rent for all no-fault evictions under AB 1482
Penalty increase: Courts may now award the greater of actual damages or $10,000 for violation of no-fault eviction conditions

April 1, 2024 SB 567 effective date

90 days Owner must move in after tenant vacates

12 months Minimum owner-occupancy period

$10,000 Penalty per tenant for violation

1 month Minimum relocation assistance

Just-Cause Eviction — The Full Framework

Under AB 1482 as strengthened by SB 567, a landlord covered by the Tenant Protection Act cannot evict a tenant who has lived in the unit for 12 months or more without a legally valid "just cause." Before the 12-month mark, landlords may give notice to terminate for any reason (or no reason), provided proper notice is given. After 12 months, the just-cause framework applies.

Just causes are divided into two categories: at-fault grounds, where the tenant is responsible for the reason for eviction, and no-fault grounds, where the tenant has done nothing wrong but the landlord has a legitimate business reason to reclaim the property. The two categories have different notice requirements, different relocation assistance obligations, and very different legal risks.

At-Fault Just Causes

Failure to pay rent
Breach of a material lease term
Maintaining a nuisance
Committing waste (damaging property)
Criminal activity on the premises
Unauthorized subletting or assignment
Refusing to execute a new lease with equivalent terms
Using the unit for an unlicensed care facility
Employee tenants whose employment has been terminated
Failure to vacate after lease expiration (holdover)

No-Fault Just Causes

Owner, spouse, child, parent, grandparent, grandchild, or domestic partner move-in
Substantial remodel requiring building permits
Withdrawal of the property from the rental market (Ellis Act)
Government order requiring the unit to be vacated
Sale of a single-family home to a buyer who will occupy it (some circumstances)

Who Is Covered by Just-Cause Rules?

Just-cause requirements apply to tenants in AB 1482-covered units who have lived there for 12 months or more (or if there are multiple tenants, any one of them has lived there for 24 months or more). If the unit is exempt from AB 1482 — such as a new construction, an owner-occupied duplex, or an individually owned condo with a proper exemption notice — just-cause protections generally do not apply at the state level, though local ordinances may differ.

Owner Move-In Eviction — New SB 567 Requirements

Owner move-in (OMI) evictions are the most frequently litigated type of no-fault eviction in California, and SB 567 made them significantly more dangerous for landlords who are not scrupulously compliant. An OMI eviction allows an owner or certain close relatives to reclaim a rental unit for their own primary residence — but the requirements are now strict and the penalties for failure are severe.

Who Can Be the "Owner" for an OMI Eviction?

California Civil Code §1946.2 limits OMI evictions to the following individuals who will use the property as their primary residence:

The property owner
The owner's spouse or registered domestic partner
The owner's children or stepchildren
The owner's parents or stepparents
The owner's grandchildren
The owner's grandparents

SB 567 OMI Requirements — All Must Be Met

Primary residence intent: The qualifying person must intend to occupy the unit as their primary residence — not as a vacation home, secondary property, or investment
90-day occupancy deadline: The qualifying person must actually move into the unit within 90 days of the tenant vacating. This is a hard deadline added by SB 567 — there is no grace period.
12-month minimum occupancy: Once moved in, the qualifying person must remain in the unit as their primary residence for at least 12 consecutive months
Right of return: If the owner later re-rents the unit within 12 months of the OMI eviction, the displaced tenant must be offered the unit first at the same or lower rent
Relocation assistance: The tenant must receive at least one month's rent in relocation assistance, paid before or at the time the notice to vacate is served

Danger — SB 567 OMI Violation Penalties

If an owner fails to move in within 90 days, moves out before 12 months, or uses the unit for anything other than primary occupancy, the tenant may sue for: (1) actual damages (which can include increased rent the tenant paid elsewhere during the displacement); (2) a civil penalty of the greater of actual damages or $10,000 per tenant; and (3) attorney's fees and costs. In a multi-tenant unit, each tenant on the lease can claim the $10,000 penalty separately.

OC Landlord Warning — Highest Litigation Risk

Owner move-in eviction lawsuits are the #1 source of tenant litigation against OC landlords in 2024–2025. Plaintiff-side tenant attorneys actively monitor OMI notices and follow up 90 days later to verify occupancy. Before serving any OMI notice, ensure the qualifying person is genuinely committed to a 12-month primary occupancy — not just temporarily moving in to facilitate a vacancy.

Substantial Remodel Eviction — Permit Requirements

The "substantial remodel" ground for a no-fault eviction allows a landlord to remove a tenant in order to perform a major renovation that cannot safely be done while the unit is occupied. SB 567 substantially tightened this category, which had previously been used loosely by some landlords to remove tenants under the guise of improvements.

What Qualifies as a Substantial Remodel Under SB 567?

All of the following conditions must be met for a valid substantial remodel eviction:

Structural or safety work: The work must involve structural or safety alterations requiring a building permit — not merely cosmetic renovation, new flooring, paint, or appliance upgrades
Active building permit: A valid building permit must have been issued (or a completed permit application must have been filed) before the notice to vacate is served
Cannot be done with occupant present: The nature of the work must make it unsafe or impractical for the tenant to remain during construction — this is a factual question courts scrutinize
Good faith intent: The remodel must be genuinely intended and commenced; if work is delayed or abandoned after the tenant vacates, the landlord faces the same liability as a failed OMI eviction

What Does NOT Qualify as Substantial Remodel

New paint, flooring, or carpet installation
Appliance replacement or kitchen cabinet refacing
Landscaping or exterior improvements that do not affect the unit
HVAC replacement that can be performed while the unit is occupied
Work that does not require a building permit
Any renovation that is primarily cosmetic or designed to increase rental value

Relocation Assistance for Substantial Remodel Evictions

Like all no-fault evictions under AB 1482, a substantial remodel eviction requires the landlord to pay the tenant relocation assistance equal to at least one month's rent. This amount must be delivered to the tenant at or before the time the notice to vacate is served — not after, not at move-out.

Relocation Assistance Obligations

Relocation assistance is a cash payment that a landlord must make to a tenant being evicted through a no-fault just-cause eviction under AB 1482. It is compensation for the disruption of displacing a tenant who did nothing wrong. Under SB 567, this requirement is explicit and the amount is a floor — local ordinances can require significantly more.

Statewide Minimum Under AB 1482 / SB 567

The minimum relocation assistance is one month's rent at the current rental rate. This must be paid before or at the time the notice to vacate is served. Serving the notice without paying the relocation assistance simultaneously renders the notice defective and may invalidate the entire eviction.

How Local Ordinances Increase Relocation Obligations

Santa Ana RSO: Requires relocation assistance equal to 2 months' rent for tenancies of 1–3 years, 3 months for 3–5 years, and escalating amounts for longer-term tenancies. Additional amounts required for tenants who are seniors, disabled, or have minor children.
LA City RSO: Tiered based on income level and tenure. For low-income tenants displaced from units under the LA RSO, relocation assistance can reach 6+ months' rent. Requires a separate LAHD filing in some cases.
West Hollywood: One of the most generous relocation assistance frameworks in California — amounts can approach or exceed a full year of rent for long-term tenants.

Warning — Timing of Payment Is Critical

Under SB 567, relocation assistance must be paid at or before the service of the notice to vacate. It cannot be paid weeks later or "at move-out." A notice served without simultaneous tender of the relocation payment may be legally defective and give the tenant grounds to ignore the notice entirely or seek damages for improper eviction.

3-Day, 30-Day, and 60-Day Notice Requirements

California law requires different types and lengths of notice depending on the reason for the eviction. Using the wrong notice type — or the wrong notice length — can result in a defective notice that the court will dismiss, forcing you to start the process over from scratch.

3-Day Notices — At-Fault Grounds

3-Day Notice to Pay Rent or Quit: Used when the tenant has failed to pay rent. Must include the exact amount owed, the period for which it is owed, the name and address where payment can be made, and hours when payment is accepted. A single penny error in the amount stated can invalidate the notice.
3-Day Notice to Cure or Quit: Used for curable lease violations — e.g., unauthorized pet, unauthorized occupant, or parking violation. The tenant has 3 days to correct the violation or vacate. The notice must describe the violation specifically and state what the tenant must do to cure it.
3-Day Notice to Quit (Unconditional): Used for incurable violations — criminal activity, severe nuisance, material damage to the property, or sub-subletting. The tenant has no option to cure and must simply vacate within 3 days.

30-Day and 60-Day Notices — No-Fault Terminations

30-Day Notice: Required for no-fault terminations when the tenant has lived in the unit for less than 12 months.
60-Day Notice: Required for no-fault terminations when the tenant has lived in the unit for 12 months or more.

AB 1482-Covered Units: Just Cause Required for All Termination Notices

For tenants in AB 1482-covered units who have lived there 12+ months, simply serving a 60-day notice is not sufficient — you must have a valid just-cause reason AND comply with all applicable requirements for that just-cause category (relocation assistance, permit requirements, etc.). A 60-day notice without a valid just cause is unenforceable for covered tenants.

Counting the Notice Period — How Days Are Calculated

California courts strictly count notice periods. For 3-day notices, the count begins the day after service. For example, if a 3-day notice is served on a Monday, the 3 days run Tuesday, Wednesday, Thursday — and the earliest the tenant can be required to act is end of day Thursday. For 30- and 60-day notices, the count begins the day after service, and any days excluded by statute (such as when service is by mail) add to the total. When in doubt, give more time, not less.

The Unlawful Detainer Process — Step by Step

If a tenant does not vacate by the end of the notice period, the landlord must file an unlawful detainer (UD) lawsuit to obtain a court order for possession. California law prohibits "self-help" evictions — changing locks, removing belongings, or cutting off utilities to force a tenant out. These actions are illegal and expose the landlord to triple damages and attorney's fees.

Serve the Appropriate Notice

Select the correct notice type and length based on the eviction grounds. Draft it carefully — errors in the amount owed, the notice period, or the stated grounds can be fatal to the entire case. Have it reviewed by a UD attorney if there is any doubt.

Wait Out the Notice Period

Allow the full statutory notice period to run. For 3-day notices, this means three full calendar days after service (excluding the day of service). For 30- or 60-day notices, count from the day after service.

File the UD Complaint

File an Unlawful Detainer complaint in the Superior Court of the county where the property is located. In Orange County, this is filed in the appropriate OC Superior Court branch. The filing fee varies; as of 2025 it is approximately $240–$435 depending on the amount sought. Attach a copy of the notice and proof of service.

Serve the Summons and Complaint

The tenant must be formally served with the UD summons and complaint by a professional process server or the sheriff. This cannot be done by the landlord personally. The tenant then has 5 business days to respond (for a UD case — shorter than regular civil cases).

Default or Contested Response

If the tenant does not respond within 5 business days, the landlord requests a default judgment and the case typically resolves in 1–2 additional weeks. If the tenant files a response, the case is set for trial, which in OC typically occurs within 20 days of the response filing for UD cases.

Trial and Judgment

Contested UD trials are bench trials (judge, no jury) and are typically brief — 30 minutes to a few hours for most residential cases. The landlord must prove the elements of the case, including proper service of the notice, expiration of the notice period, and valid just cause (if applicable). Judgment for possession allows the clerk to issue a Writ of Possession.

Writ of Possession and Sheriff Lockout

The landlord takes the Writ of Possession to the sheriff's office. The sheriff posts a 5-day notice to the tenant and then, if the tenant has not vacated, physically removes them and their belongings and restores possession to the landlord. Sheriff scheduling adds 1–3 weeks in OC depending on caseload.

Realistic OC Timeline

Uncontested eviction: 4–8 weeks from notice to sheriff lockout. Contested eviction: 3–6 months, sometimes longer with legal aid involvement or continuances. Complex cases involving habitability claims, retaliatory eviction defenses, or COVID-era protections can take 6–12+ months.

Post-COVID Protections — Current Status in 2025

California's statewide COVID-19 tenant protections under AB 3088 and subsequent extensions have all expired as of July 1, 2023. As of early 2025, there are no active statewide COVID-specific eviction moratoriums or rent payment deferral protections for residential tenants in California.

However, some local COVID-era protections have persisted in specific jurisdictions longer than the state framework. Landlords in Los Angeles City and County should be particularly attentive:

LA City: The city's local eviction moratorium formally ended in January 2023, but a special "just cause" framework for certain rent-related evictions required a 12-month phase-in for some tenant protections that continued into 2024
LA County unincorporated areas: The county's extended protections for income-impacted tenants expired in March 2023
Other cities: A handful of small jurisdictions maintained local protections into 2024; verify current status with each city directly

COVID Protections Have Largely Expired

For most California landlords in 2025, COVID-era eviction protections are no longer a factor. Standard AB 1482, SB 567, and applicable local ordinances govern eviction procedures. If you have a tenant with unpaid COVID-era rent that was deferred under prior law, consult an attorney about your current collection options and any remaining restrictions.

Retaliatory Eviction Protections

California Civil Code §1942.5 contains some of the strongest anti-retaliation protections for tenants in the country. A landlord who evicts — or attempts to evict — a tenant in retaliation for the tenant's exercise of a legal right is committing an unlawful act and faces both civil liability and the potential to have the eviction thrown out entirely.

What Constitutes Retaliation?

California courts will presume retaliation if the landlord takes an adverse action — including serving a notice to vacate, raising rent, reducing services, or threatening eviction — within 180 days of any of the following tenant protected activities:

Filing a complaint with a government agency about housing code violations or habitability
Contacting the landlord in writing about needed repairs
Participating in a tenant organization or union
Exercising any legal right under California landlord-tenant law
Complaining to law enforcement about the landlord's conduct
Pursuing or testifying in any legal proceeding against the landlord

Danger — 180-Day Presumption Shifts the Burden

When a landlord takes adverse action within 180 days of a tenant's protected activity, California law presumes the action is retaliatory. This means the landlord — not the tenant — bears the burden of proving the action was taken for a legitimate, non-retaliatory reason. This is a significant and difficult burden. If you are considering any adverse action against a tenant who has recently complained or exercised rights, consult an attorney before proceeding.

Remedies for Retaliatory Eviction

A tenant who successfully proves retaliatory eviction can recover:

Actual damages, including moving costs, increased rent at new location, and emotional distress
Punitive damages in cases of malice, oppression, or fraud
Attorney's fees (mandatory under Civil Code §1942.5)
The eviction itself will be dismissed, and the tenant may remain in the unit

How NextGen Coastal Handles Evictions for Clients

Evictions are the highest-risk legal events in residential property management. The combination of strict notice requirements, just-cause rules, SB 567 penalties, and an active plaintiff's bar in OC means that a single procedural misstep can turn an otherwise legitimate eviction into a six-figure liability. NGC's approach to evictions is systematic, attorney-coordinated, and documented at every step.

Pre-notice legal review: Before any eviction notice is served for a covered unit, NGC reviews the grounds, the notice type, and the tenant's tenure with a California UD attorney — no assumption that "standard" language is sufficient
Notice drafting and service: Notices are drafted to exact statutory requirements, with special attention to 3-day notice dollar amounts, cure deadlines, and the delivery method that creates the most reliable proof of service
Relocation assistance coordination: For no-fault evictions, NGC calculates the applicable relocation amount (including any local ordinance uplift), arranges payment, and obtains a signed receipt from the tenant contemporaneous with notice service
OMI tracking: For owner move-in evictions, NGC maintains a 90-day occupancy deadline tracker and 12-month calendar alert for the qualifying owner, with check-in documentation to confirm ongoing compliance
UD attorney referral network: NGC works with established OC UD attorneys for all unlawful detainer filings, ensuring properly filed complaints, proper service of process, and experienced representation at any contested trial

Considering an Eviction?

If you are self-managing a property and considering an eviction — particularly a no-fault eviction or owner move-in — NGC offers a free case evaluation to assess your exposure and walk through the correct procedure.

Request a Free Eviction Case Evaluation →

Frequently Asked Questions — Evictions & SB 567

What is just-cause eviction in California?

Under AB 1482 and SB 567, California landlords of covered units may not evict a tenant who has occupied the unit for 12 months or more without a legally recognized "just cause." Just causes fall into at-fault categories (tenant did something wrong — didn't pay rent, violated the lease, caused a nuisance) and no-fault categories (tenant did nothing wrong but the owner needs the unit for move-in or a major permitted remodel).

What are the owner move-in requirements under SB 567?

Under SB 567, effective April 1, 2024, an OMI eviction requires: (1) the qualifying person must move into the unit as their primary residence within 90 days of the tenant vacating; (2) they must remain for at least 12 months; (3) one month's rent in relocation assistance must be paid at or before service of the notice; and (4) if the owner fails to comply, the tenant may sue for actual damages plus a $10,000 penalty per tenant.

What is the difference between a 3-day, 30-day, and 60-day eviction notice?

A 3-Day Notice to Pay or Quit is for unpaid rent. A 3-Day Notice to Cure or Quit is for fixable lease violations. A 3-Day Unconditional Quit is for incurable violations like criminal activity. A 30-Day Notice is for no-fault terminations when the tenant has been there less than 1 year. A 60-Day Notice is for no-fault terminations when the tenant has been there 1 year or more. For AB 1482-covered units, 30- and 60-day notices also require a valid just-cause reason and relocation assistance for no-fault grounds.

How long does an eviction take in California?

An uncontested eviction in Orange County typically takes 4 to 8 weeks from notice to sheriff lockout. A contested eviction typically takes 3 to 6 months. Complex cases with habitability counterclaims, retaliatory eviction defenses, or legal aid involvement can extend beyond 6 months. OC Superior Court UD cases are prioritized over general civil cases, but court backlogs still cause delays.

What is relocation assistance and when is it required in California?

Relocation assistance is a mandatory cash payment — at minimum one month's rent — that a landlord must pay a tenant being evicted through a no-fault just-cause under AB 1482. It must be paid at or before the service of the notice to vacate. Local ordinances in Santa Ana, LA, and other cities may require more. Failure to pay simultaneously with notice service can invalidate the eviction.

Can a landlord evict a tenant for retaliation or harassment in California?

No. California Civil Code §1942.5 prohibits retaliatory evictions. If a landlord serves a notice to vacate, raises rent, or reduces services within 180 days of a tenant's protected activity (such as complaining to a code enforcement agency or joining a tenant union), retaliation is presumed and the landlord must overcome that presumption in court. Remedies include actual damages, punitive damages, and mandatory attorney's fees.

California Eviction Laws 2025 — SB 567 & Just-Cause Rules