This is a loaded question.

If you have lived in a property for less than a year, then California State law allows your landlord to force you to move out at the end of the first year even if you haven’t done anything wrong (Civil Code §1946.2(a)). The landlord is not required to renew your initial lease in such a situation. When the first year is up, he can ask you to leave with no questions asked, unless of course his motive is an improper motive, such as, he wants you to move because you made requests for repairs, or he is discriminating, or because he doesn’t want kids at the complex. Otherwise, he can force you to move.

On the other hand, if you have lived in the property for more than a year, then the landlord cannot force you to move unless he has “just cause” to terminate your lease. California law gives a list of reasons that give a landlord “just cause” to terminate a lease even though the tenant hasn’t done anything wrong. Civil Code §1946.2(B)(2). For example, if the landlord wants to sell the property or move his family back into the unit, he may do so. There may be some relocation fees required (see section below), but the fact remains that even if you have lived there longer than a year, your lease still can be terminated for various reasons (Civil Code §1946.2(2)(A-D)).

BE CAREFUL: Not all properties are protected by California’s law which requires just cause to terminate a lease. In other words, if the property you are living in doesn’t qualify, then the landlord is always free to terminate your lease with proper notice, so long as he is not doing so in retaliation or for discrimination reasons. The following types of properties are not covered by State law, and, therefore, you can be forced to leave if you have lived in any of the following types of properties for over a year:

a. You’re renting a room in a house with the landlord;

b. The building you live in is less than 15-years-old;

c. A single family home owned by a person and not a corporation or LLC, or managed by a property manager, so long as the landlord doesn’t own more than four properties;

d. Mobile homes; or e. A duplex, where the landlord lives in one of the units.

As you can see, there are a lot of hoops to jump through to determine if a landlord can or cannot terminate your lease. If you have any questions, we will be happy to respond to your specific question.

Yes. Under California State law, there are situations where a landlord can force a tenant to move out even if the tenant hasn’t broken the lease, and has paid their rent on time. In most cases, if a tenant is asked to leave, the landlord must give the tenant one month’s worth of free rent. Some local cities, however, require the landlord to provide much higher additional fees. For example, in Los Angeles, if you are elderly, disabled, or have any minor children living with you, the landlord is required to pay you up to $19,700 in relocation fees if you have been there for more than three years (Los Angeles Municipal Code §151.09(G), slightly less if you have lived there for less than three years. Similarly, in San Diego, a landlord is required to pay three months’ worth of rent to a tenant if the tenant is elderly or disabled (San Diego Municipal Court §98.0706(C)(1)(a)). There are some exceptions, but this is the main rule.

Yes and no. Under State law (the Ellis Act of Government Code §§7060-7060.7), the landlord may take a property off-the-market to sell it. However, if you are elderly or disabled, he must give you a year to move out (Govt. Code §7060.4(b)). If you aren’t elderly or disabled, then the landlord can force you to move with 120 days’ notice to sell. There are some exceptions, but those are few. As noted above, both Los Angeles and San Diego require an additional moving fee if the landlord seeks to terminate the lease in order to sell. Not all cities add the additional moving fee. You will be required to check with local laws before making that determination.

This is a trick question. If you have searched the internet, you have gotten many different answers. Some landlords want to kick tenants out so that they can raise the rent on the new tenants. One way they try to do this is by claiming that they need the tenant to move out so that they can renovate the place. Under State and many local laws, a landlord can force you to move but only if he is going to undertake substantial renovations which require building permits. These renovations cannot be for cosmetic reasons. As such, a landlord cannot terminate your lease simply because he wants to put in new flooring, new cabinets, and paint the place. No. Rather, State law declares that in order for a landlord to terminate a lease, the renovation must be a “substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit.” Civil Code §1946.2(b)(2)(D)(ii).

Some cities provide extra protection to tenants. For example, in Los Angeles, before a landlord can begin renovation, he must first submit a Tenant Habitability Plan to the City before the renovation work plan can be implemented. Los Angeles Municipal Code §151.03(A). In addition, in Los Angeles, the landlord must provide the tenant with alternate housing while the renovations are being done, then allow the tenant to move back into the unit once the renovations are finished. LAMC §151.03(A) & §152.06. San Diego also has a requirement that a landlord must offer the renovated unit to the tenant when it is finished. SDMC §§98.0706(c). This is not true for all cities. Many cities don’t have such rules. As such, under State law, if the landlord obtains permits to perform “substantial modifications,” then you will be forced to move out permanently unless your local law prohibits such a course of action.

If the landlord wants to move himself or his family back into the unit, he may terminate your lease to do so. Civil Code §1946.2(2)(A-D). HOWEVER, this is only true if a provision of the lease allows the owner to terminate the lease if the owner or his family unilaterally decides to occupy the property. Civil Code §1946.2(k)(2)(a)(i)&(ii). If this isn’t mentioned in the lease, then he cannot ask you to move out for his family. However, the landlord can later add this provision to the lease amendment if it wasn’t in the earlier lease. Civil Code §1946.2(k)(2)(a)(ii).

Local laws provide extra protection. For example, in Los Angeles, a landlord cannot force you to move out of your unit, unless the following facts are true:

1. You are the newest tenant. The landlord cannot pick-and-choose who he wants to move out.   Also, he cannot pick your unit for his family because he likes the location.  Rather, if he is going to move his family into the complex, he must select the unit of the tenant who has been there the least amount of time.  If he doesn’t do this, then the tenant can ignore the demand to move;
2. If the landlord owns other property within the City of Los Angeles, then he cannot ask you to move;
3. If a relative will be moving into the unit, that relative cannot own any residential property in the City.