Landlords should start planning now and learn about new eviction rules coming to California in 2024 as a result of SB 567.
SB 567 Makes Changes to AB 1482
SB 567 is a bill that was signed by Gov. Newsom. It was authored by Sen. Maria Elena Durazo, D-Los Angeles. The new law will take effect on April 1, 2024, and it makes changes to two specific types of evictions under AB 1482. In particular, SB 567 modifies no-fault evictions due to substantial remodel and owner/family member move-in. SB 567’s intention, according to its author, was to close “loopholes” that some landlords allegedly have been using to evict tenants. Note, if the rental property was exempt under AB 1482, it is also exempt from the new changes in SB 567.
Owner / Family Member Eviction Changes
Under SB 567, a landlord who elects to evict for owner/family member move-in, will have to satisfy several new requirements:
- The owner/family who is moving in will need to 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).
The changes discussed above are the major new updates to owner/family member move-in evictions. These changes will take effect April 1, 2024.
Substantial Remodel Eviction Changes
SB 567 also makes changes to the eviction rules when a landlord wants to evict for substantial remodel. The new rules, effective April 1, 2024, include:
- The 30/60 day notice to terminate tenancy needs to 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 take place, along with the approximate expected duration. 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). Or, 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, the tenant should inform the owner of that desire and the tenant should provide the owner the tenant’s address, telephone number, and email. Civil Code 1946.2(b)(2)(D)(iv)(IV).
SB 567 Video
Good to Know
The above lists only the biggest changes coming to owner/family member move-in evictions and substantial remodel evictions. The article does not discuss already-existing requirements to these types of evictions, nor does it discuss exemptions to the law. Also note that if the tenancy is subject to a local tenant protection law (such as within the city of Los Angeles), the local law will apply. Please read the law and consult legal counsel before deciding on an appropriate course of action.
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Disclaimer
The information in this article and blog are not meant to be legal advice and is intended for educational purposes only. The laws change frequently and this article may not be updated to reflect current rules. Do not rely on this article when making legal decisions. Consult with legal counsel regarding your particular case before taking any action. It is important for landlords to understand what jurisdiction the rental property is located in, and whether or not there are any special tenant protections or rent control applicable to the property.
