Eviction Protections

Eviction Protections

Substantial Remodel Evictions

• The landlord can only evict if the remodeling work will:
  • Replace a major system requiring a government permit or fix dangerous materials (like asbestos);
  • The work will take at least 30 consecutive days;
  • And the renter cannot safely live there
• On any days the renter can safely live in the home while remodeling the renter has the right to stay.
• The renter cannot be evicted for minor cosmetic repairs.
• The eviction notice must include a description of the work and an estimate of how long it will take. It must also include a copy of the permit(s) required for the work. If the work is to fix dangerous materials and does not require a permit, the notice can include a signed contract instead.
• If the repairs are not done, the renter has a right to return to the unit at the same rent and same terms. If the renter wants to move back in, the renter must tell the landlord and provide their address, the telephone nunber, and email address. The renter must tell the landlord if they accept within 30 days of receiving an offer to return, and move back in within 30 days of telling the landlord they accept.  

Owner Move-In Evictions

• The landlord or their relative must move in within 90 days after the renter moves out and must live in the unit for at least 12 months. If they don’t the renter has a right to return to the unit at the same rent and same terms, and the landlord must pay the renter back for moving expenses.
• The eviction notice must state the name and relationship to the landlord of the person moving in, and if the renter requests proof that person qualifies, the landlord must provide it.
  • Owner move-in eviction is limited to these family relations spouse, child, or grandparent.
• The renter cannot be evicted if the person moving in already lives on the property or if there is a similar empty unit available.
• Landlords may also be prohibited from doing owner move-in evictions depending on what the lease says, how they own the home, and what share of the home they own. 

Discrimination, Harassment, Retaliation Reminders for Eviction Notices 

• “Self-Help” Evictions where a landlord or master tenant, tries to move a tenant out without a court order, are CRIMINAL. Landlords and master tenants must follow a legal process in order to evict a tenant in California and CANNOT change the locks or throw out someone’s personal belongings without going through courts. If your landlord has tried to lock you out or remove your belongings, fill out our Lock Out Sample Letter to inform your landlord of your rights and turn it in it to the landlord.
• Retaliation by your landlord or master tenant is PROHIBITED.
  • If a tenant asserts their rights to the landlord, such as the right to safe and sanitary housing, and a landlord attempts or threatens to evict, increase the rent or cause the tenant to leave within 180 days of the tenant having asserted their rights, the landlord is presumed to be retaliating against the tenant. 
  • Fill out our Retaliation Sample Letter to assert your rights against retaliation and provide it directly to the landlord.
• Discrimination is always PROHIBITED. Landlords are prohibited from evicting or threatening to evict you based on your race, color, national origin (ethnicity), religion, gender, marital status, familial status, disability, sexual orientation (FEHA), gender identity (FEHA), source of income, medical condition. Fair Housing Act Fair Employment & Housing Act Govt. Code 12900—Unruh Act, Civil Code 51, 54
  • In this same way, discrimination because of your immigration status is PROHIBITED. If your landlord is threatening to call immigration officials on you or your family as a way to harass you to leave, fill out our Immigrant Status Threats Sample Letter and provide it to the landlord. 

Fighting to Stay – We are Stronger Together! 

Throughout California, we’ve seen people band together with their neighbors, community members, and loved ones to collectively fight their evictions! Time and time again, we see that this is the most effective way to build long-term stability and staying power. To learn more about how to talk to your neighbors, and organize to stay in your community check out our page on forming a tenants union.