Owner Move-In Evictions in California: The Rules

An owner move-in eviction in California is a no-fault just cause under Civil Code 1946.2(b)(2)(A): the owner, or a close relative, intends to live in the unit as their primary residence for at least 12 continuous months. It comes with conditions on who can move in, what the lease says, what the notice must contain and what happens afterward. It applies to tenancies covered by the statewide rules in the just cause eviction guide; many cities have stricter local versions.

When an owner move-in eviction is allowed in California

Section 1946.2 applies once a tenant has continuously and lawfully occupied a unit for 12 months (1946.2(a)), unless the property is exempt under 1946.2(e) or covered by a qualifying local ordinance. For those tenancies, the owner needs a just cause to end the tenancy, and owner move-in is one of four no-fault causes.

The intended occupant must be one of these, and must plan to use the unit as their primary residence for at least 12 continuous months (1946.2(b)(2)(A)(i)):

• the owner;
• the owner’s spouse or domestic partner;
• the owner’s children or grandchildren; or
• the owner’s parents or grandparents.

Siblings, aunts, uncles, cousins and friends are not on the list. Neither is a property manager or employee.

Who counts as the “owner”

For owner move-in, the statute defines “owner” narrowly in (viii)(II). It means a natural person who:

• holds at least a 25% recorded ownership interest in the property; or
• holds any recorded interest, if 100% of the recorded ownership is divided among owners related to each other as sibling, spouse, domestic partner, child, parent, grandparent or grandchild; or
• holds their recorded interest through a limited liability company or partnership.

A settlor or beneficiary of a family trust counts as a natural person, and so does a person who is a beneficial owner with at least 25% of an LLC or partnership that owns the property. Every branch of the definition leads back to a person or a family trust, not a corporation.

Leases signed on or after July 1, 2020 need an owner move-in clause

For leases entered into on or after July 1, 2020, owner move-in is available only if the tenant agrees to the termination in writing, or the lease contains a provision letting the owner end it if the owner or one of the listed relatives decides to move in (1946.2(b)(2)(A)(ii)). For mobilehome tenancies the date is July 1, 2022.

If your lease was signed after that date and has no such clause, the owner cannot use this cause unless you agree in writing. The statute also says that adding an owner move-in clause to a new or renewed lease counts as a renewal on “similar” terms, which matters because refusing to sign a similar renewal after a written request is an at-fault cause under 1946.2(b)(1)(E).

What the owner move-in notice must say

The written termination notice must:

• state the just cause (1946.2(a));
• give the name or names of the intended occupant and their relationship to the owner (1946.2(b)(2)(A)(iv));
• tell the tenant they may request proof that the intended occupant is an owner or related to the owner — proof that must be provided on request and may include an LLC operating agreement and other nonpublic documents; and
• tell the tenant of their right to relocation assistance or a rent waiver, and if the owner is waiving the final month, state the amount waived and that no rent is due for that month (1946.2(d)(2)).

The notice period itself comes from Civil Code 1946.1 for month-to-month tenancies: at least 60 days, or 30 days if the tenant has lived there less than a year. Because 1946.2 only protects tenants after 12 months, a covered month-to-month tenant will normally get at least 60 days. Timelines are in the lease termination notice guide.

Relocation: one month’s rent within 15 days

Owner move-in is a no-fault cause, so the relocation rule in 1946.2(d) applies, regardless of the tenant’s income. The owner chooses one of two options:

• a direct payment equal to one month of the rent in effect when the notice was issued, paid within 15 calendar days of service of the notice; or
• a written waiver of the final month’s rent, given before that rent is due.

Failure to strictly comply with the relocation rules makes the notice void (1946.2(d)(4)). There is no separate, higher statewide amount for owner move-in. The full rules are in the relocation assistance guide.

A worked example with dates

Say you have rented a covered apartment month to month for four years at $2,600, under a lease that contains an owner move-in clause. The owner’s daughter plans to move in.

1. October 1, 2026: the owner personally serves a 60-day notice naming the daughter, stating she is the owner’s daughter, telling you that you may request proof, and telling you about relocation.
2. By October 16, 2026: the $2,600 relocation payment is due — 15 calendar days after service — unless the notice instead waives your final month’s rent.
3. November 30, 2026: the tenancy ends and you move out.
4. By February 28, 2027: the daughter must move in, within 90 days after you vacate.
5. Then 12 consecutive months: she must live there as her primary residence for at least a year from move-in.

If she has not moved in by February 28, 2027, or leaves before 12 months, the owner must offer you the unit back at $2,600 on the same lease terms and reimburse your reasonable moving expenses above the $2,600 already paid.

What happens if the relative never moves in

Clause (v) makes the move-in conditions part of the cause itself: owner move-in applies only if the intended occupant moves in within 90 days after the tenant vacates and stays at least 12 consecutive months. If that does not happen, clause (vi)(I) requires the owner to:

• offer the unit to the tenant who left at the same rent and lease terms in effect when they vacated; and
• reimburse the tenant for reasonable moving expenses beyond any relocation assistance already paid.

There is one exception: if the intended occupant moves in within 90 days but dies before completing 12 months, that is not treated as a failure to comply (clause (vi)(II)). And if the unit is rented to someone new during the 90-day and 12-month periods, it must be offered at the lawful rent in effect when the termination notice was served (clause (vii)).

When owner move-in is not allowed

Under clause (iii), owner move-in does not apply if:

• the intended occupant already lives in a rental unit on the property; or
• a similar unit on the property is already vacant.

So an owner with an empty, comparable unit in the same building cannot displace a tenant from a different one for a relative.

Penalties for getting it wrong

Any failure to comply with 1946.2 renders the termination notice void (1946.2(g)). An owner who tries to recover possession in material violation of the section is liable to the tenant under 1946.2(h) for actual damages, reasonable attorney’s fees and costs at the court’s discretion, and — for willful, oppressive, fraudulent or malicious conduct — up to three times actual damages plus punitive damages. The Attorney General, city attorney or county counsel may also seek an injunction. Any waiver of these rights in a lease is void (1946.2(j)).

Local law often goes further. A property covered by a local just cause ordinance adopted on or before September 1, 2019, or a later one that is more protective, follows the local ordinance instead of 1946.2 (1946.2(i)). Cities such as Los Angeles, San Francisco, Oakland and Santa Monica have their own owner move-in rules and relocation amounts.

Questions people ask

Can a new owner evict me to move in after buying the house?

If 1946.2 covers the tenancy, a sale is not itself a just cause. The buyer must meet the owner move-in rules, including the lease-clause requirement, relocation and the 90-day and 12-month conditions. See what happens when your landlord sells.

Can my landlord move a sibling into my unit?

Not under state owner move-in. The statute lists the owner, spouse, domestic partner, children, grandchildren, parents and grandparents only.

How long does the owner or relative have to live in the unit?

They must move in within 90 days after the tenant leaves and live there as their primary residence for at least 12 consecutive months.

Do I get relocation money for an owner move-in eviction?

Yes, if 1946.2 covers your tenancy: one month’s rent paid within 15 calendar days of the notice, or a written waiver of your final month’s rent. Local ordinances can require more.

Related California renter guides

• Just cause eviction rules in California
• California relocation assistance: when a landlord must pay
• Landlord selling the house you rent
• Cash for keys and tenant buyouts
• How long an eviction takes in California
• The Ellis Act explained for tenants

This page explains what the cited California law says. It is not legal advice. Last verified September 28, 2026.