[CA] What’s the process for terminating a rental lease to do some necessary repairs?
I have a tenant who has been in my rental property for over two years in California, and I want to terminate the lease (move them out) to do some necessary repairs. What is the process for this?
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1. Provide Proper Notice
Since your tenant has been living in the property for over one year and is on a month-to-month lease, California law requires you to give a 60-day written notice to terminate the tenancy. (CA Civ Pro Code § 1946.1(b))
You’ll need to include specific statutory language if your property is exempt from California’s statewide rent control (AB 1482). The notice must read:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
Serve this notice in person, or if that’s not possible, mail it and post a copy on the front door of the rental unit.
2. After the Notice Period
If the tenant does not move out after the 60-day period, you can proceed with an unlawful detainer (eviction) action in court.
The eviction process generally takes 10–14 days once you file, assuming your paperwork is correct. A county constable or sheriff will handle the actual removal once a court order is issued.
3. Important Tip
Make sure your notice clearly states that the reason for termination is to perform necessary repairs. If the repairs are extensive and require the property to be vacant, this strengthens your case under the “substantial remodel or repair” exemption in AB 1482.
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I have a tenant who has been in my rental property for over two years in California, and I want to terminate the lease (move them out) to do some necessary repairs. What is the process for this?
Lexi, Chatbot
I understand your situation. Have you provided your tenant with written notice of your intent to terminate the lease for repairs?
No, I’m just curious what the process is to evict or remove them.
Lexi, Chatbot
Are the repairs you need to make considered essential or non-essential under California law?
Not sure. But it hasn’t been maintained in some time.
Lexi, Chatbot
Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with the eviction process.
Yes.
Legal Eagle
Hello! Legal Eagle here, and I’m an attorney specializing in this area of law. I’m happy to help you with your situation.
To clarify — how long is your tenant’s lease agreement?
Month-to-month, but they’ve been on the property for over two years.
Legal Eagle
Thank you for that. Is this a single-family home or a condo?
A residence home.
Legal Eagle
Understood. Are you the sole owner, or is the property owned through an LLC?
It’s owned in my personal name; I’m the sole owner.
Legal Eagle
Got it — thank you. Were there any other details you’d like to share before I provide my answer?
That’s all, help me!
Legal Eagle
1. Provide Proper Notice
Since your tenant has been living in the property for over one year and is on a month-to-month lease, California law requires you to give a 60-day written notice to terminate the tenancy. (CA Civ Pro Code § 1946.1(b))
You’ll need to include specific statutory language if your property is exempt from California’s statewide rent control (AB 1482). The notice must read:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
Serve this notice in person, or if that’s not possible, mail it and post a copy on the front door of the rental unit.
2. After the Notice Period
If the tenant does not move out after the 60-day period, you can proceed with an unlawful detainer (eviction) action in court.
The eviction process generally takes 10–14 days once you file, assuming your paperwork is correct. A county constable or sheriff will handle the actual removal once a court order is issued.
3. Important Tip
Make sure your notice clearly states that the reason for termination is to perform necessary repairs. If the repairs are extensive and require the property to be vacant, this strengthens your case under the “substantial remodel or repair” exemption in AB 1482.
Ok, thank you!
Legal Eagle
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