AB 1482 Owner Move-In Eviction Rules in California

If you own a small apartment building in California and want to move into one of your units — or move in a family member — you're dealing with AB 1482 owner move-in eviction rules, and since SB 567 tightened the law in 2024, the requirements are stricter than most landlords realize. Get this wrong and you're looking at tenant lawsuits, mandatory relocation payments you weren't budgeting for, and potentially being locked out of re-renting the unit for three years.

This post walks through the exact rules under Civil Code § 1946.2, what SB 567 changed, the step-by-step process to do an owner move-in (OMI) eviction correctly, and the mistakes that get landlords into trouble.

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What AB 1482 Actually Says About Owner Move-In Evictions

AB 1482 — the Tenant Protection Act of 2019 — created statewide "just cause" eviction protections for tenants in most California residential rentals. Under Civil Code § 1946.2(b)(2)(A), owner move-in is a recognized "no-fault just cause" for eviction. That means you can legally terminate a tenancy to occupy the unit yourself, but only if you follow a specific set of rules.

The key distinction: no-fault just cause (like OMI) means the tenant didn't do anything wrong. Because of that, the law builds in significant protections for the displaced tenant — protections that cost you money and time if you skip them.

Which Properties Does AB 1482 Cover?

Not every California rental is subject to AB 1482. The law applies to:

• Residential units where the tenant has lived for 12+ months (or all tenants on the lease have lived there 24+ months)
• Buildings 15+ years old (the "rolling window" — in 2026, any building built before 2011 is covered)
• Single-family homes and condos that are not owner-occupied and where the owner hasn't provided the required AB 1482 exemption notice

Buildings that are typically exempt from AB 1482 include:

• Units in owner-occupied duplexes (if you already live in the other unit)
• Buildings built within the last 15 years
• Single-family homes and condos where the owner gave proper written notice of the exemption at move-in (and the notice was included in the lease)
• Properties already covered by a stricter local rent control ordinance (in that case, the local law governs — AB 1482 is a floor, not a ceiling)

If you're unsure whether your property is covered, assume it is. The liability for incorrectly treating a covered unit as exempt is significant.

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What SB 567 Changed (Effective April 2024)

SB 567 amended Civil Code § 1946.2 starting April 1, 2024, and it made three major changes that affect owner move-in evictions:

1. Stricter Family Member Definition

Before SB 567, you could do an OMI eviction to move in a fairly broad range of relatives. SB 567 tightened the definition. The qualifying family members are now limited to:

• The owner's spouse or registered domestic partner
• The owner's children (biological, adopted, or step)
• The owner's parents (biological, adopted, or step)
• The owner's grandparents or grandchildren
• The owner's siblings (biological, adopted, or half)

Cousins, aunts, uncles, in-laws beyond parents — these no longer qualify. If you're trying to move in a nephew, for example, that's not a valid OMI basis under state law (check your local ordinance — some cities are even stricter).

2. Three-Year Re-Rental Prohibition

This is the one that surprises landlords the most. Under SB 567, if you do an OMI eviction, you or the qualifying family member must occupy the unit as a primary residence for at least 12 consecutive months. And if you vacate before 3 years, you're required to:

1. Offer the unit back to the displaced tenant first (at the same rent)
2. Pay the tenant additional damages if you fail to do so

If you never actually moved in — or moved out after two months and immediately re-rented at a higher price — you're exposed to a lawsuit for "wrongful eviction" with damages up to 3x the monthly rent + attorneys' fees under Civil Code § 1940.2.

3. Proof of Intent Requirement

SB 567 made it easier for tenants to challenge OMI evictions by requiring landlords to document genuine intent to occupy. Courts now look at: Did you actually move in? Did you maintain it as your primary residence? Did you re-rent within a suspicious timeframe?

The practical implication: paper trail matters more than ever. Keep records of your move-in date, utility account transfers, and any correspondence about the transition.

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The Step-by-Step OMI Eviction Process Under AB 1482

Here's the process, in order. Don't skip steps.

Step 1: Confirm Your Property Is Subject to AB 1482

Review the exemption criteria above. If you're covered, proceed. If you have a local rent control ordinance (Los Angeles, San Francisco, Oakland, Berkeley, etc.), check whether the local ordinance has additional OMI requirements — many do, and they're stricter than state law.

Step 2: Confirm the Tenant Qualifies for Just-Cause Protection

The tenant needs 12 months of continuous residency (or 24 months if there are multiple tenants on the lease and at least one has been there under 12 months). If your tenant is month-to-month but has lived there for years, they're protected.

Step 3: Serve the Correct Notice

For OMI evictions, you must serve a 60-day written notice to quit (Civil Code § 1946.1). The notice must:

• State that the termination is for owner or qualifying family member occupancy
• Identify who will be moving in (your name, or the family member's name and relationship to you)
• Include the required relocation assistance offer (or payment) — more on this below

Do not use a standard 30-day notice. AB 1482 requires 60 days for no-fault terminations where the tenant has lived there 12+ months.

Step 4: Pay Relocation Assistance

This is mandatory and non-negotiable under Civil Code § 1946.2(d). For a no-fault just-cause eviction, you must pay the tenant one month's rent as relocation assistance. You have two options:

• Option A: Waive the final month's rent (tenant doesn't pay their last month, which satisfies the relocation requirement)
• Option B: Pay directly — a check equal to one month's rent, delivered at the time you serve the notice

Many landlords choose the rent-waiver route because it's simpler. Either way, document it in writing.

Step 5: Document Everything

Create a paper trail that shows genuine intent:

• Transfer utilities into your (or the family member's) name on or before the move-in date
• Update your driver's license address
• Keep the postmarked notice, proof of service, and any written acknowledgment from the tenant
• Note the date you actually took possession

If the tenancy ever becomes contested — and tenants in covered units have strong incentive to challenge — your documentation is your defense.

Step 6: Follow Through on Occupancy

Move in. Stay for at least 12 months as your primary residence. If anything changes (job relocation, family situation), consult a landlord attorney before vacating and re-renting. The three-year window for re-offering to the displaced tenant is real.

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Common Mistakes That Create Liability

These are the patterns that show up in wrongful eviction lawsuits:

1. OMI eviction followed by re-renting at a higher price within a year This is the classic pattern courts and tenant attorneys look for. Even if your original intent was genuine, re-renting quickly looks like a pretextual eviction to circumvent rent control. Document your situation carefully and consult an attorney before re-renting.

2. Serving a 30-day notice instead of 60-day AB 1482 no-fault terminations require 60 days. A 30-day notice is procedurally defective and won't hold up if the tenant challenges it.

3. Not paying relocation assistance upfront The relocation payment is owed at the time of notice, not at move-out. Failing to include it makes your notice defective.

4. Moving in a family member who doesn't qualify under the post-SB 567 definition Double-check the relationship. In-laws, cousins, and more distant relatives no longer qualify under state law.

5. Skipping local ordinance requirements If your property is in LA, San Francisco, Oakland, Berkeley, or another city with local rent control, those local rules layer on top of — and are often stricter than — AB 1482. Always check both.

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OMI Evictions and Your Lease

Before you serve notice, review the tenant's lease carefully. Your AB 1482 rent increase limits obligations also apply up until the notice period ends — you can't serve an OMI notice and simultaneously try to raise rent. And when the unit is eventually re-rented (after the required period), review your move-out checklist obligations — security deposit return timelines and itemized deduction requirements still apply to the departing tenant.

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A Quick OMI Compliance Checklist

Before you serve that notice, confirm:

• My property is covered by AB 1482 (built before 2011, tenant has 12+ months)
• The person moving in is me or a qualifying family member (spouse, child, parent, grandparent, grandchild, or sibling)
• I'm serving a 60-day written notice, not 30-day
• The notice identifies who is moving in and their relationship to me
• I'm paying one month's relocation assistance at the time of notice
• I've checked my city's local ordinance for additional requirements
• I intend to genuinely occupy the unit as a primary residence for at least 12 months
• I understand the three-year re-offer obligation if I vacate before that window closes

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How Keywise Helps With AB 1482 Compliance

Keeping track of which units are covered by AB 1482, which tenants have hit the 12-month threshold, and what your rent increase limits are across a small portfolio is exactly the kind of thing that falls through the cracks when you're managing in a spreadsheet.

Keywise was built specifically for California landlords managing 1-10 units who need to stay on top of AB 1482. The platform tracks tenant move-in dates (so you know exactly when just-cause protections kick in), flags properties approaching the 15-year rolling window, and surfaces your allowable rent increase numbers each year. If you want to see how it works for your portfolio, plans start free for up to 2 units.

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The Bottom Line

Owner move-in evictions under AB 1482 are legal — but SB 567 made them more expensive and more procedurally demanding than they were before 2024. The three requirements that trip up small landlords most often: the tightened family member definition, the relocation assistance payment at time of notice, and the genuine-occupancy obligation that extends three years.

If you're considering an OMI eviction in 2026, work through the checklist above, check your local ordinance, and — given the liability exposure — have a California landlord-tenant attorney review your notice before you serve it. The cost of a one-hour legal review is a fraction of the cost of a wrongful eviction claim.