California’s SB 567, effective April 1, 2024, rewrote the owner move-in eviction rules that had stood since AB 1482 passed in 2019. Landlords who used owner move-in (OMI) notices without strict compliance now face statutory damages, attorneys’ fees, and potential City Attorney enforcement actions. Borna Houman Law represents Los Angeles County property owners in every stage of OMI compliance and enforcement.
Key Takeaway: Under Civil Code § 1946.2 as amended by SB 567, an owner move-in eviction now requires that the landlord or a qualifying family member actually occupy the unit as a primary residence for at least 12 continuous months, move in within 90 days of the tenant’s vacancy, and provide one month’s relocation assistance. Violation triggers statutory damages of actual damages plus up to three times actual damages plus attorneys’ fees.
What Changed Under SB 567 for Owner Move-In Evictions?
SB 567 tightened four elements of AB 1482’s OMI provisions. First, the qualifying family members list is narrowed: spouse, domestic partner, children, grandchildren, parents, grandparents, siblings, and parents-in-law. Second, the occupancy obligation is 12 continuous months, up from what many landlords interpreted as “reasonable” occupancy. Third, the move-in deadline is 90 days after the tenant vacates. Fourth, the enforcement teeth were sharpened. The tenant now has a private right of action for damages, fees, and injunctive relief.
In our experience representing landlords across Westside Los Angeles, Santa Monica, and greater LA, the 12-month occupancy rule is the rule most frequently tested in litigation. If the owner or family member leaves before 12 months, even for a valid reason, the tenant can sue under Civ. Code § 1946.2(h).
Who Qualifies as a Family Member for an OMI Eviction?
Civil Code § 1946.2(b)(2)(A) limits qualifying occupants to the owner or the owner’s spouse, domestic partner, children, grandchildren, parents, grandparents, siblings, and parents-in-law. Cousins, nieces, nephews, aunts, uncles, and unrelated parties do not qualify. A corporation or LLC cannot “move in” because the statute requires a natural person.
If the owner is an LLC, the LLC itself cannot do an OMI. A member of the LLC may do an OMI only if the member (1) is a natural person, (2) holds the requisite ownership interest, and (3) actually uses the unit as a primary residence. The structuring question of whether a single-member LLC can support an OMI is fact-specific and should be reviewed with counsel before notice is served.
What Are the Notice Requirements for an OMI Eviction?
The notice must be in writing, identify the person moving in by name and relationship to the owner, state the date by which the tenant must vacate, state the tenant’s right to relocation assistance equal to one month’s rent, and be served under CCP § 1162. The notice period is 60 days for tenancies of one year or more and 30 days for tenancies under one year.
SB 567 OMI Compliance Checklist
| Requirement | Statutory Basis | Failure Consequence |
|---|---|---|
| Natural person occupant | Civ. Code § 1946.2(b)(2)(A) | Notice invalid |
| Qualifying family relationship | Civ. Code § 1946.2(b)(2)(A)(i) | Notice invalid |
| Written notice with occupant name | Civ. Code § 1946.2(b)(2)(A)(iii) | Notice invalid |
| Relocation assistance paid or credited | Civ. Code § 1946.2(d) | Notice invalid; damages |
| Move-in within 90 days of vacancy | Civ. Code § 1946.2(b)(2)(A)(iv) | Damages, attorneys’ fees |
| 12-month continuous occupancy | Civ. Code § 1946.2(b)(2)(A)(iv) | Damages, attorneys’ fees |
| Written lease disclosure for exempt units | Civ. Code § 1946.2(e)(8) | Loss of exemption |
| Proper § 1162 service | CCP § 1162 | Motion to quash |
Some local ordinances (LA City RSO, Santa Monica, Beverly Hills, West Hollywood) require additional forms, registration, and local relocation fees that exceed the state minimum. Local fees in Santa Monica can run into five figures. The landlord pays the higher of state or local relocation.
How Much Relocation Assistance Must a California Landlord Pay?
State law requires one month’s rent under Civil Code § 1946.2(d). The landlord may pay in cash within 15 days of serving the notice or waive the final month’s rent and include written notice of that election. The amount is based on the rent in effect at the time of service.
Los Angeles City RSO sets higher relocation amounts, from $9,200 to $23,000 per unit depending on tenant age, disability status, and length of tenancy, adjusted annually under LAMC § 151.09(G). Santa Monica, West Hollywood, and several other LA County cities impose separate, often higher, relocation schedules. When local and state rules overlap, the higher amount applies.
What Happens If a Landlord Violates the 12-Month Occupancy Rule?
Civil Code § 1946.2(h) authorizes the displaced tenant to sue for actual damages, up to three times actual damages if the violation was willful, plus attorneys’ fees and injunctive relief. Actual damages typically include the rent differential between the old unit and the new unit, moving costs, and emotional distress.
The Attorney General and the City Attorney of each jurisdiction also have enforcement authority under Civ. Code § 1946.2(h)(2). In our experience defending OMI lawsuits in LA County Superior Court, the 12-month rule is the single most litigated issue. Tenants track move-in dates through public records, mail forwarding, and utility records, and they sue when the owner does not actually live there.
When Should a Landlord Use an OMI Instead of Another No-Fault Cause?
OMI is appropriate when the owner or qualifying family member genuinely intends to occupy the unit for 12-plus months. If the actual plan is to sell, substantially remodel, or withdraw the unit from the market, a different no-fault just cause should be used: substantial remodel under Civ. Code § 1946.2(b)(2)(D), withdrawal under the Ellis Act (Gov. Code § 7060), or condominium conversion where permitted.
The most common mistake we see is using an OMI as a shortcut because it appears simpler. An OMI that is not followed by bona fide 12-month occupancy is a lawsuit waiting to be filed. Counsel should assess the owner’s actual plans before any notice goes out. Once the notice is served, the clock starts and the compliance obligations attach.
Frequently Asked Questions About California OMI Evictions
Can I evict a tenant so my adult child can live in my rental property?
Yes, if the adult child is a qualifying family member under Civ. Code § 1946.2(b)(2)(A)(i), the notice is properly served, relocation assistance is paid, and the child moves in within 90 days and stays at least 12 months. Siblings, parents, grandparents, and grandchildren also qualify. Cousins, nieces, and nephews do not.
Does SB 567 apply to all California rental properties?
SB 567 applies to properties covered by AB 1482. Single-family homes and condos may be exempt if owned by a non-corporate landlord and a compliant written notice is included in the lease under Civ. Code § 1946.2(e)(8). Owner-occupied duplexes and newer construction may also be exempt. Properties subject to local rent control are covered regardless of AB 1482 status.
How much relocation assistance must I pay for an OMI in Los Angeles?
State law requires one month’s rent. LA City RSO properties require $9,200 to $23,000 or more depending on tenant status and tenancy length, subject to annual adjustment under LAMC § 151.09(G). Santa Monica, West Hollywood, and other jurisdictions set their own schedules. The higher of state or local applies.
What if my family member moves out before 12 months?
The landlord is exposed to a Civ. Code § 1946.2(h) claim for actual damages, up to treble damages if willful, plus attorneys’ fees. If the early departure is due to an unforeseen life event (death, serious illness, job loss) documented in real time, the landlord may argue the occupancy was bona fide at service. That defense is fact-intensive and should be preserved with contemporaneous documentation.
Can I raise the rent during an OMI notice period?
No. Raising rent during the notice period is strong evidence of pretext and triggers additional claims under Civ. Code § 1942.5 (retaliation). The rent at the time the notice is served determines the relocation amount due.
Does an OMI work in a rent-controlled building?
Yes, but local rules apply. LA City RSO, Santa Monica, Beverly Hills, and West Hollywood all permit OMI evictions with jurisdiction-specific forms, filings, and relocation amounts. Noncompliance with local rules invalidates the notice even if state law is satisfied.
Protect Your OMI Eviction with Experienced Counsel
SB 567 made OMI compliance a legal minefield. A single misstep (the wrong family member, a 90-day miss, a defective relocation payment, a 12-month gap) converts an eviction into a treble-damages lawsuit. Borna Houman Law represents landlords and property owners across Los Angeles County, with particular focus on Beverly Hills, Santa Monica, Brentwood, West Los Angeles, and greater LA.
Call (888) 42-BORNA to schedule a confidential consultation. Our billing is hourly, our documentation is meticulous, and our strategy is built to withstand challenge.
This article is legal information, not legal advice. OMI compliance varies by property type and jurisdiction. Consult a licensed California attorney before serving any notice.
Sources: SB 567 (California Legislative Information) | Civil Code § 1946.2 (California Legislative Information)
