[CA] How do I evict a tenant who hasn’t done anything wrong?

Lexi, Chatbot

I understand your concern about removing your tenant from the property. Have you previously served any notices to the tenant regarding their tenancy?

Lexi, Chatbot

Are there any specific reasons or issues that have led you to consider removing the tenant from the property at this time?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with removing the tenant for repairs.

Khari P., Esq.

Hello.

Khari P., Esq.

Since your tenant is on a month-to-month lease, and you're in California, the process for removing them—even for something like repairs—is very specific due to statewide rent control laws under the Tenant Protection Act of 2019 (AB 1482), as well as local ordinances if you're in a rent-controlled city.

Here’s a step-by-step breakdown of what you may need to do:

Step 1: Determine Whether AB 1482 Applies
AB 1482 applies to most residential rental properties in California that are 15 years or older (with exceptions for single-family homes under certain conditions). Since your tenant has been there over 12 months, and you want to terminate for no-fault reasons (repairs), you will likely need to follow the "no-fault just cause" process under AB 1482.

Step 2: Check Local Ordinances
If your property is located in a city with stricter local rent control laws (e.g., Los Angeles, San Francisco, Oakland), those rules may impose additional requirements (like relocation fees, permits, or tenant habitability plans). Let me know the city or ZIP code for more tailored guidance.

Step 3: Provide a Valid “No-Fault” Just Cause Notice
To terminate a month-to-month tenancy for substantial repairs, you must:

• Serve a 30- or 60-day written notice, depending on how long the tenant has lived there (over 1 year = 60 days).
• Clearly state the just cause: “Substantial remodel” or “substantial repairs.”
• Include: the reason for termination, a statement explaining that the termination is for a no-fault just cause under Civil Code §1946.2, and a general description of the scope and timeline of the proposed repairs. The remodel must be substantial—work that requires permits and will make the unit uninhabitable for at least 30 days.

Step 4: Offer Relocation Assistance
Under AB 1482, for no-fault terminations, the landlord must provide relocation assistance equal to one month’s rent, or waive the tenant’s last month’s rent in writing. This must be stated clearly in the termination notice.

Step 5: Serve the Notice Properly
You must serve the notice in one of the following ways:

• Personally to the tenant
• Post and mail (attach notice to the door and mail a copy)
• Certified mail with proof of service

Step 6: Proceed with Unlawful Detainer if Necessary
If the tenant doesn’t move out by the end of the 60-day notice, you will need to file an unlawful detainer (eviction) lawsuit in court. If granted, the sheriff will serve a notice to vacate.

Khari P., Esq.

Thanks for using AskaLawyer.