This article covers legal updates to the 60-Day Notice to Vacate Under a No-Fault Termination, used by landlords to conduct a no-fault just cause eviction.

Maintain compliance with the TPA

California’s Tenant Protection Act (TPA) was first enacted in 2020 to make sweeping changes to how landlords may evict and raise the rent on their tenants.

While the TPA was temporarily superseded by pandemic-era eviction protections, 2023 was the first year to see the full impacts of the TPA’s roll-out. Already, legislators have begun to tweak the rules for Just Cause evictions, meaning landlords need to keep up to stay compliant.

Fortunately, firsttuesday is in your corner. Read on for information about the RPI form updates required by recent legislation, to go into effect beginning April 1, 2024.

Related article:

Updates to the Tenant Protection Act (TPA) tighten loopholes and up enforcement

Properties subject to Just Cause eviction rules

Who needs to follow TPA Just Cause eviction rules?

The applicability of the TPA is comprehensive, with most multi-unit residential real estate housing in California and those single family residential (SFR) units owned by a REIT, a corporation or an LLC with a corporate member subject to the Just Cause rules. However, there are numerous exemptions for multiple family units and conditions for SFRs to be excluded.

Multi-unit residential real estate exempt from Just Cause eviction procedures include:

  • new residential units that have been issued a certificate of occupancy within the previous 15 years;
  • a duplex of which the owner occupied one of the units as their principal residence at the beginning of the tenancy and remains in occupancy;
  • units restricted as affordable housing for households of very low, low, or moderate income, or subject to an agreement that provides subsidies for affordable housing for households of very low, low, or moderate income;
  • dormitories constructed and maintained in connection with any higher education institution in California;
  • units subject to rent or price control that restricts annual increases in the rental rate to an amount less than that set by the TPA;
  • multi-unit transient occupancy housing like hotels and motels;
  • accommodations in which the tenant shares kitchen or bathroom facilities with an SFR owner-occupant;
  • SFR real estate that can be sold and conveyed separate from the title to any other dwelling unit, like in a SFR subdivision or condominium project, provided the owner is not one of the following:
    • a real estate investment trust (REIT);
    • a corporation; or
    • a limited liability company (LLC) in which at least one member is a corporation; and
    • the tenant has been given written notice stating the rental property is exempt from the rent increase caps under the TPA. [Calif. Civil Code §§1947.12(d); 1946.2(e); See RPI Form 550, 551 and 550-3]

When a residential property or tenancy does not meet any of the criteria for exemption, the landlord is to abide by the TPA limiting their ability to increase the rent or evict a tenant to regain possession.

Editor’s note — Read more about who and what type of property the TPA applies to — and about the many exceptions — here: 2020’s Tenant Protection Act.

The applicability of Just Cause evictions

Requiring a just cause for eviction makes it harder for corporate landlords to evict tenants simply so they can rent out their properties to new tenants at a higher rate.

Just Cause evictions notices are of two types, based on whether the tenant is:

  • at fault, called an at fault just cause eviction [CC §1946.2(b)(1)]; or
  • not at fault, called a no fault just cause eviction. [CC §1946.2(b)(2)]

A landlord may perform a no fault just cause eviction when the tenant is being evicted due to no fault of the tenant for any of the following ownership reasons:

  • the landlord or their spouse, domestic partner, children, grandchildren, parents or grandparents intend to occupy the premises;
  • the property is withdrawn from the rental market;
  • the property is unfit for habitation as determined by a government agency and through no fault of the tenant; or
  • the landlord intends to demolish or substantially renovate the property. [CC §1946.2 (b)(2); See RPI Form 569-23]

Beginning April 1, 2024, the owner or qualifying relative must occupy the property for at least 12 continuous months as the person’s primary residence after the tenant is evicted for reason the owner or relative will be occupying the unit.

Further, a 60-day Notice to Vacate must be used to terminate the tenancy of a residential tenant who has resided on the property for 12 months or more. [See RPI Form 569-2; 577-1]

Related page:

Property Management 101

Your use of RPI Form 569-2

This form is used by a property manager or landlord of a residential property subject to Just Cause eviction rules when terminating a month-to-month rental agreement — or an occupancy under an expired lease, and the tenant has resided in the property for one year or more.

For the landlord’s plans to demolish or substantially renovate the property, the landlord provides the tenant with written notice of the plans, including:

  • a description of the remodel;
  • the expected duration of the repairs or demolition; and
  • a copy of permits required to complete the repairs or demolition. [CC 1946.2(b)(2)(D); See RPI Form 569-2]

The landlord’s written notice includes 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.”

TPA enforcement

Beginning April 1, 2024, a landlord’s violation of Just Cause eviction laws is liable for up to three times the tenant’s costs to move, and additional fines. The Office of the Attorney General, the city attorney or county counsel may bring these actions against the landlord.

Further, any landlord who attempts to violate rent caps set by the TPA is liable for up to three times the amount of any payment demanded or received which exceeds the TPA limits. [CC §1946.2(h)]

Related article:

Attorney General fines landlords for TPA violations