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Wrongful Eviction (Just-Cause) California Civil Code § 1946.2

California’s just-cause eviction law protects most tenants from being forced out without a valid legal reason once they’ve lawfully lived in the home for 12 months (or when all adult occupants have 12+ months, or at least one has 24+ months). If your landlord tried to terminate your lease without a qualifying “just cause,” you may have a wrongful eviction claim.

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Do Just-Cause Protections Apply to Me?

You’re generally covered if you’ve continuously and lawfully occupied the rental for 12 months (or one tenant has 24+ months). If new adult tenants were added before a tenant hit 24 months, coverage attaches when all have 12+ months or any one has 24+ months. (§ 1946.2(a))

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What Counts as “Just Cause”?

1) At-Fault Just Cause (§ 1946.2(b)(1))

Examples include:

  • Nonpayment of rent

  • Material lease breach after written notice to cure

  • Nuisance, waste, illegal use

  • Criminal activity on the property or threats against the owner/agent

  • Unauthorized assignment/sublet

  • Refusal to provide lawful entry

  • Refusal to sign a similar renewal when reasonably requested (post-2020 rules)

  • Employee/agent housing ends after job termination

  • Failure to deliver possession after giving notice to move out

Curable violations: Landlord must first serve a notice with an opportunity to cure before serving a 3-day quit. (§ 1946.2(c))

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2) No-Fault Just Cause (§ 1946.2(b)(2))

Examples include:

  • Owner/relative move-in (OMI): Strict requirements on who qualifies, move-in within 90 days, 12 months continuous occupancy, and specific identity disclosures in the notice. If not completed, offer unit back at prior rent and reimburse moving expenses. (§ 1946.2(b)(2)(A))

  • Withdrawal from the rental market (Ellis-style removals)

  • Government or court order to vacate (habitability/unsafe conditions)

  • Demolition or “substantial remodel” (permit-level systems work or hazardous abatement; cosmetic work doesn’t qualify). Notice must include permits/contract, scope, duration, and re-rent offer language. (§ 1946.2(b)(2)(D))

 

Relocation Assistance for No-Fault Terminations

For covered tenancies, landlords must either:

  • Pay relocation equal to one month’s rent within 15 days of notice, or

  • Waive the final month’s rent in writing (state the amount and that no rent is due).
    Failure to strictly comply voids the termination notice. (§ 1946.2(d))

 

Required Disclosures to Tenants

Owners subject to § 1946.2 must provide a written just-cause notice (12-pt type) with language referencing § 1947.12 (rent caps) and § 1946.2 (just cause), timed based on when the tenancy started/was renewed. (§ 1946.2(f))

**If a landlord didn’t give the required disclosures or botches the just-cause notice, the termination can be void. (§ 1946.2(g), (d)(4))

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Exemptions (Do Any of These Apply?)

Section 1946.2 does not apply to, among others: (§ 1946.2(e))

  • Owner-occupied single-family homes with limited room rentals

  • Duplexes where the owner lives in one unit from tenancy start (no ADU/JADU)

  • Newer housing with a Certificate of Occupancy in the last 15 years

  • Certain single-family homes/condos if the owner is not a REIT/corporation/LLC with a corporate member and the tenant received the exemption notice in the lease (exact statutory language required)

  • Dorms, certain medical/religious facilities, shared kitchen/bath in owner’s principal residence, and other listed categories

Local rent control/just-cause ordinances: If a city/county enacted more protective just-cause rules, the local law controls. A property isn’t subject to both; it’s one or the other. (§ 1946.2(i))

 

What Remedies Exist for Wrongful Eviction?

If a landlord materially violates § 1946.2 and tries to recover possession, tenants can sue for: (§ 1946.2(h))

  • Actual damages

  • Attorney’s fees and costs (in the court’s discretion)

  • Up to treble damages for willful/oppressive conduct
     

Common Landlord Mistakes We See (Your Advantage)

  • Serving a no-cause or defective notice on a covered tenancy

  • Claiming OMI without meeting identity/disclosure/timing rules

  • Calling cosmetic work a “substantial remodel” without permits or 30-day vacancy necessity

  • Failing to pay/waive relocation properly and on time

  • Mislabeling an exempt SFR/condo without giving the exact statutory exemption notice in the lease

  • Skipping the cure-or-quit step for curable lease breaches

 

What To Do If You Receive a Termination Notice

  1. Save the paperwork: Notice, envelopes, emails, texts, lease, addenda, prior disclosures.

  2. Document your tenancy: Move-in date, rent payments, all adult occupants and when added.

  3. Check for coverage/exemptions: New build? True owner-occupancy? Proper exemption notice?

  4. If “no-fault,” confirm relocation payment or rent waiver details and timeline.

  5. Call a tenant lawyer quickly. Deadlines move fast.

 

👉 Speak with Sedehi Law: 949-381-1687 or message us for a FREE case evaluation.

 

FAQs 

What is a wrongful eviction under § 1946.2?
Ending a covered tenancy without a valid at-fault or no-fault just cause, or with a defective notice (missing disclosures, no cure opportunity, invalid remodel/OMI proof, no relocation, etc.).

 

Does “owner move-in” automatically allow eviction?
No. The owner/qualifying relative must meet identity and ownership requirements, move in within 90 days, and live there 12 consecutive months; the notice must name the intended occupant and include prescribed language. If they don’t follow through, they must offer you the unit back at your prior rent and reimburse extra moving costs. (§ 1946.2(b)(2)(A))

 

What qualifies as a “substantial remodel”?
Permit-level structural/electrical/plumbing/mechanical work or hazardous materials abatement that cannot be done safely with you in place and requires you to vacate 30+ consecutive days; cosmetic work doesn’t count. (§ 1946.2(b)(2)(D))

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How much relocation assistance do I get?
One month’s rent (paid within 15 days of notice) or a final-month rent waiver stated in the notice. (§ 1946.2(d))

 

Do local rent control rules override § 1946.2?
If your city’s law is more protective, local law applies instead of § 1946.2. (§ 1946.2(i))

 

Why Tenants Choose Sedehi Law

  • Focused on habitability, retaliation, and wrongful-eviction litigation

  • Statute-driven strategy with aggressive enforcement of tenant protections

  • Clear communication and contingency-friendly approaches where applicable

 

👉 Start your case review: 949-381-1687 or Contact Us Below

DISCLAIMER: The information contained on this website is for informational purposes only and is not a warranty or guarantee of any outcome for your case. All potential client inquiries will be kept confidential. However, discussing your case with us, or submitting a case to us, does not create an attorney-client relationship. Only a signed retainer agreement will create an attorney-client relationship.

©2025 by Sedehi Law, APC.

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