California AB 92: No-Fault Notices and Relocation Pay

Under California’s no-fault eviction requirements, a landlord ending a tenancy for a reason unrelated to tenant conduct must pay one month’s rent in relocation assistance, include specific written declarations or permits in the termination notice depending on the ground being used, and actually follow through with the stated purpose after the tenant leaves. Miss any of those steps and the notice is void; a landlord who pushes ahead anyway can be sued for damages, attorney’s fees, and in some cases triple damages.

When These Rules Apply

The no-fault rules live inside California’s Tenant Protection Act, originally passed as AB 1482 in 2019 and tightened by SB 567 effective April 1, 2024.¹ Once a tenant has lived in a covered unit for at least 12 months, the landlord needs “just cause” to end the tenancy.²

Just cause splits in two. At-fault reasons involve tenant behavior — nonpayment, lease violations, and similar. No-fault reasons don’t. There are four of them: the owner or a qualifying relative intends to move in, the owner is withdrawing the property from the rental market under the Ellis Act, the owner plans to demolish or substantially remodel the unit, or a government order requires the tenant to vacate.³ Because the tenant did nothing wrong, the law puts extra obligations on the landlord.

Relocation Assistance With Every No-Fault Notice

Every no-fault termination notice must inform the tenant in writing of their right to relocation assistance, regardless of the tenant’s income. The amount equals one month of the tenant’s rent at the rate in effect when the notice was served.⁴

The landlord picks one of two ways to deliver it. Option one is a direct payment, made within 15 calendar days of serving the termination notice. Option two is a written waiver of the final month’s rent, issued before that rent comes due. If the landlord chooses the waiver, the notice must state the exact dollar amount being waived and confirm that no rent is owed for the final month.⁴ Telling a tenant “your last month is free” without stating the amount makes the notice defective.

If the tenant doesn’t leave when the notice period runs out, the landlord can recover the relocation payment or waiver amount as damages in the eviction lawsuit.

Owner Move-In Notices

An owner move-in termination now requires far more than a stated intent to occupy. The written notice must include:

The intended occupant’s name and their relationship to the owner. Only the owner, spouse, domestic partner, child, grandchild, parent, or grandparent qualifies.
A declaration that the occupant will use the unit as their primary residence for at least 12 consecutive months.
Notice that the tenant may request proof the intended occupant is actually the owner or a qualifying relative, which can include an operating agreement or other private documents.⁵

The ground is blocked entirely when there’s already a vacant comparable unit on the same property, or when the intended occupant already lives in another unit on the property.³

For leases entered into on or after July 1, 2020, the owner move-in ground only applies if the tenant separately agreed in writing to termination on this basis, or if the lease itself contains a provision allowing termination for owner or relative occupancy.⁵ Older lease forms that lack this clause can’t be used to invoke it.

What the Owner Must Do After the Tenant Leaves

The intended occupant has 90 days from the day the tenant vacates to actually move in, and must then live there as a primary residence for 12 consecutive months. If either deadline slips, the landlord must offer the displaced tenant the chance to return at the same rent and lease terms they had before, and must reimburse reasonable moving costs beyond whatever relocation assistance was already paid.¹

Substantial Remodel Notices

Not every renovation counts. A qualifying substantial remodel must involve replacing or significantly modifying a structural, electrical, plumbing, or mechanical system that requires a government permit, or abating hazardous materials such as lead paint, mold, or asbestos. The work has to be impossible to complete safely with the tenant in place, and it must require the tenant to be out for at least 30 consecutive days.¹

The termination notice must include:

A statement of the owner’s intent to substantially remodel or demolish the property.
A description of the planned work and its approximate expected duration.
Copies of all required permits. For hazardous material abatement that doesn’t require a permit, a copy of the signed contractor agreement detailing the work.
Notice of the tenant’s right of return: if the remodel isn’t started or completed, the owner must offer the tenant the chance to re-rent at the same terms and rate. The tenant then has 30 days to accept and another 30 days to move back in.
A request for the tenant’s contact information so the tenant can be notified when the unit is available again.¹

Cosmetic upgrades, appliance swaps, and any work that doesn’t require a permit don’t qualify. A vague notice announcing a “major renovation” without permits and a detailed scope is void on its face.

Properties the Rules Don’t Cover

Some rentals sit outside the Tenant Protection Act entirely, which means these no-fault requirements don’t apply to them:

Owner-occupied properties with two or fewer rented units, including accessory dwelling units and junior ADUs.
Housing issued a certificate of occupancy within the last 15 years, calculated on a rolling basis. Mobile homes are excluded from this exemption.
Single-unit properties that can be sold separately from other dwellings, but only if the owner is not a corporation, REIT, or LLC with a corporate member, and only if the landlord gave the tenant a specific written notice stating the property is exempt from the rent cap and just cause requirements.⁶

That written exemption notice for single-unit properties is easy to miss. The statute requires specific language identifying the applicable code sections and confirming that the owner is not a corporation, REIT, or qualifying LLC.⁶ Without it, the exemption doesn’t apply even when the property would otherwise qualify.

Local Rules May Require More

The state’s one month of relocation is a floor. California law lets cities and counties impose stricter requirements, and many do. Where a local ordinance sets a higher payment, the landlord follows the local rule.⁷ Some jurisdictions require two or three months, with more for households that include seniors or people with disabilities. The state payment is credited against the local amount, so tenants don’t collect both.

Local ordinances can also add notice requirements, extend timelines, or narrow the grounds for no-fault eviction. Check the city or county rules before serving any notice — the state requirements are the starting point.⁸

What a Defective Notice Costs

The statute uses hard language: an owner’s failure to strictly comply with the relocation assistance requirements renders the termination notice void.⁴ A notice missing the dollar amount of relocation assistance, the required owner move-in declarations, or the permit copies for a remodel cannot be patched. The landlord has to start over with a new, compliant notice.

A landlord who tries to recover possession in material violation of the statute faces personal liability. The tenant can sue to recover:

Actual damages, including moving costs, the rent gap between the old and new unit, storage fees, and similar out-of-pocket losses.
Attorney’s fees and costs, at the court’s discretion.
Up to three times actual damages if the tenant shows the landlord acted willfully or with fraud, oppression, or malice. Punitive damages can also be added on top.⁶

If You Receive a No-Fault Notice

Read the notice against the statutory checklist. Does it name the relocation assistance amount and the method? For an owner move-in, does it name the occupant, state the relationship, declare a 12-month primary residence, and tell you that you can ask for proof? For a substantial remodel, does it describe the work, state the expected duration, and attach the permits or contractor agreement? A gap in any of those places may make the notice void.

Tenants who cannot afford an attorney can find free or low-cost legal aid through LawHelpCA.org, a resource maintained by the California Attorney General’s office for connecting residents with local legal services.⁹ Local rent boards and tenant protection agencies, where they exist, can also review a notice for compliance before the deadline runs.

1
California Legislative Information. SB 567 Termination of Tenancy No-Fault Just Cause
2
California Legislative Information. AB 1482 Tenant Protection Act of 2019 Tenancy Rent Caps
3
California Legislative Information. California Civil Code Section 1946.2
4
California Legislative Information. California Civil Code Section 1946.2
5
LegiScan. Bill Text CA SB567 2023-2024 Regular Session Chaptered
6
California Legislative Information. California Civil Code 1946.2 Just Cause for Termination of Tenancy
7
City of Alameda Rent Program. Change in Enforcement of Relocation Rent Increase Requirement
8
Association of Bay Area Governments. Tenant Relocation Assistance Profile
9
State of California Department of Justice Office of the Attorney General. Landlord-Tenant Issues