No-Fault Eviction in California: What It Means If You’re Trying to Sell

A no-fault eviction is a lease termination where the tenant hasn’t violated the lease — the landlord is ending the tenancy for a reason on a specific, statutory list, most commonly to move a family member in, remodel, or exit the rental business. California’s statewide Tenant Protection Act, Civil Code § 1946.2 (also known as AB 1482), tightly limits when you can use one, and getting it wrong can void the notice entirely. Short of ending the tenancy altogether, even routine showings have their own notice rules — here’s when a tenant can and cannot refuse to let a buyer through.

The Four Statutory No-Fault Reasons

Under Civil Code § 1946.2, once a tenant has lived in the unit 12 months (24 months if a co-tenant was added after the original tenancy began), a landlord covered by the law can only end the tenancy without fault for: the owner or a qualifying relative intending to occupy the unit, the owner withdrawing the property from the rental market, intent to demolish or substantially remodel, or compliance with a government order to vacate. Selling the property to an investor who will keep renting it out is not on this list — the new owner simply steps into the lease as the landlord, and the tenancy continues.

What Changed for Owner Move-In Evictions in 2024

Senate Bill 567 tightened the owner and relative move-in category effective April 1, 2024: the owner or relative must move in within 90 days of the tenant vacating and live there at least 12 months, and the substantial-remodel category now requires the notice to describe the specific work, attach any required permits, and tell the tenant about their right to reoccupy if the work stalls or doesn’t happen. A notice that skips these details is vulnerable to challenge in court.

The Relocation Payment You Owe Either Way

Every no-fault termination under the statewide law requires the landlord to pay relocation assistance equal to one month’s rent, or waive the final month’s rent instead — and the notice has to specify which option applies. Miss that requirement, or the 15-day payment deadline if paying cash, and the notice can be voided outright, restarting the clock.

This Is Not the Ellis Act

The Ellis Act is a separate, older law that lets a landlord exit the rental business entirely by removing all units from the market — it has its own notice periods, its own relocation payments (higher in several cities), and its own restrictions on re-renting the units later. Landlords sometimes reach for the Ellis Act when a straightforward no-fault termination under AB 1482 would actually fit their situation better, or the reverse; the two statutes are not interchangeable, and using the wrong one can unwind the whole eviction.

Selling Occupied Often Beats Evicting First

Because a no-fault eviction under AB 1482 doesn’t apply to a simple change of ownership, many landlords who assume they must clear the property before selling are wrong. Selling a tenant-occupied property to a buyer who plans to keep it as a rental skips the relocation payment, the notice requirements, and the months of lead time a substantial-remodel or owner move-in eviction can take. If cash for keys is on the table instead, that’s a separate, negotiated route with its own tradeoffs.

When Eviction, or Even Selling, Isn’t Necessary

If the tenant is paying close to market rent, the property cash-flows fine, and there’s no urgent reason to occupy or remodel, a no-fault eviction — and a sale to escape one — may not be the best move at all. Refinancing, raising rent within the statewide cap, or simply keeping a good tenant in place often beats the cost and delay of either path.

This is general information rather than legal advice — a defective no-fault notice can be challenged in court, so have an attorney review the specific notice before you serve it. If you’d rather sell the property as-is, tenant in place or vacant, Cash Home Buyers CA can make a no-obligation cash offer either way.