Senate Bill SB 567 (effective on April 1, 2024) makes changes to two specific types of evictions under The Tenant Protection Act of 2019.  Specifically, SB 567 modifies the rules governing no-fault evictions arising from substantial remodels, and owner/family member move-ins.  Here is a summary of those changes. 

Substantial Remodel Eviction Changes

Under the new rules, the 30/60 day notice to terminate tenancy must include a statement informing the tenant of the owner’s intent to demolish or substantially remodel the unit using the following language: “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 thirty (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 thirty (30) days of notifying the owner of your acceptance of the offer.” Civil Code 1946.2(b)(2)(D)(iv)(II).

The 30/60 day notice to terminate tenancy must also describe the type of substantial remodeling to be completed, including the approximate expected completion time.  If the property is to be demolished, the notice should state the expected date of demolition. Civil Code 1946.2(b)(2)(D)(iv)(III).

The owner should also provide the tenant with a copy of the permit(s) required to undertake the substantial remodel or demolition. Civil Code 1946.2(b)(2)(D)(iv)(III)(ia). If the reason for eviction is due to the abatement of hazardous materials but does not require a permit, the owner should provide the tenant with a copy of the signed contract with the contractor who will be doing the work. Civil Code 1946.2(b)(2)(D)(iv)(III)(ib).

The tenant must also be provided notice that if the tenant is interested in reoccupying the unit following the substantial remodel, he or she should inform the owner of that desire and provide the owner with the tenant’s address, telephone number, and email. Civil Code 1946.2(b)(2)(D)(iv)(IV).

Owner/Family Member Eviction Changes

Here are several new requirements for owner/family member move-in evictions, summarized as follows

The owner/family who is moving in must live at the property for a minimum of 12 continuous months as that person’s primary residence. Civil Code 1946.2(b)(2)(A)(i).

The landlord will not be able to evict for owner/family member move-in if the intended occupant already occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property. Civil Code 1946.2(b)(2)(A)(iii).

The 30/60 day notice to terminate tenancy must contain the name or names of the owner/family member moving in, along with the relationship to the owner. The notice must also include language stating that the tenant may request proof that the intended occupant is an owner or qualified relative. Civil Code 1946.2(b)(2)(A)(iv).

The owner/family member who intends to move in needs to move in within 90 days after the tenant vacates. Civil Code 1946.2(b)(2)(A)(v).

If the person moving in fails to move in within 90 days or fails to occupy the property as his/her primary residence for at least 12 consecutive months, the owner must offer the uint to the displaced tenant at the same rent and lease terms that were in effect at the time the tenant was evicted and shall reimburse the tenant for reasonable moving expenses. Civil Code 1946.2(b)(2)(A)(vi)(I).

Please contact Lynx Legal with any questions regarding the above, or if you are ready to start your case.  We can be reached at 888-441-2355 or [email protected].  You can also schedule a telephonic consultation on our website to discuss your eviction needs.   Our experienced staff is standing by to take your order or answer any questions you may have.