In an attempt to tighten no-fault evictions, California passed SB 567 which tightens an owner's ability to evict a tenant when they are moving in or plan to substantially remodel the unit - both of which are legitimate reasons to evict. They still are but there is now a higher standard which needs to be met. The information below is from the California Association of Realtor's legal department.
Termination of tenancy based on owner move-in:
Under SB 567 in order to lawfully evict a tenant for just cause on the basis of an owner move-in:
- The owner must identify in the written eviction notice the name and relationship to the owner of the intended occupant and include notification that the tenant may request proof that the intended occupant is actually an owner or related to the owner.
- The owner or their family member would have to move in within 90 days after the tenant vacates and then occupy the unit for at least one year
- The owner or their family member could not already occupy a unit and there could not be another vacant unit at the property.
- If the intended occupant does not actually move in within 90 days or use the unit as their primary residence for at least a year, the owner must offer the unit back to the tenant who was evicted at the same rent and lease terms in effect at the time they vacated and reimburse the tenant for reasonable moving expenses incurred in excess of the required relocation assistance payment that may have been made in connection with the eviction.
- If the former tenant does not move back in, and the owner subsequently identifies a new tenant still within the yearlong period after the eviction, the unit must continue to be offered at the lawful rent in effect at the time the eviction occurred and
- The owner has to be a natural person holding at least a 25% ownership interest in the property (in order to prevent someone who holds a very small share of the property from evicting a tenant), a natural person who co-owns the property entirely with family members either outright or via a family trust, or a natural person who meets the 25% ownership threshold and whose recorded interest in the property is owned through an LLC or partnership.
Termination based on intent to demolish or to substantially remodel the residential real property:
- Remodeling must require the tenant to vacate for 30 Consecutive Days. The remodel must not be able to be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and must require the tenant to vacate the property for at least 30 consecutive days.
However, the tenant is not required to vacate the property on any days where a tenant could continue living in the property without violating health, safety, and habitability codes and laws.
- Written Notice. A written notice terminating a tenancy must include all of the following:
- A statement informing tenants of the intent to demolish or substantially remodel the unit,
- The following statement verbatim:
- "If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within 30 days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within 30 days of notifying the owner of your acceptance of the offer”,
- A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or, if the property is to be demolished, the expected date by which the property will be demolished,
- A copy of the permit or permits required to undertake the substantial remodel. However, if the renovation is to abate hazardous materials then no permit need be given unless legally required.
- A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant must inform the owner of their interest and provide to the owner their address, telephone number, and email address.
SB 567 further provides that any termination notice that does not comply with any provision of the just cause rules is void.
