Can You Ask Tenants to Move Out in Case of Property Repair?

You can ask a tenant to move out temporarily for repairs, but you cannot make them leave on your own. A temporary move-out happens by written agreement, by a government order to vacate, or through a legal process such as a no-fault termination or San Francisco's temporary capital improvement eviction. In California, several of these routes require you to pay relocation money, and some give the tenant a right to move back in.

Can you make a tenant leave while you do repairs?

Most repairs happen with the tenant still living in the unit. You have a right to enter for necessary or agreed repairs, but entry is not the same as removal. In California, Civil Code section 1954 requires reasonable written notice of entry stating the date, approximate time, and purpose; 24 hours is presumed reasonable, and entry should be during normal business hours unless the tenant consents.

If the work makes the unit unsafe to live in, you have three ways to clear it:

1. A written agreement with the tenant. Use this for short jobs such as floor refinishing, plumbing replacement, or fumigation.
2. A government order to vacate. A local code enforcement agency can order a unit vacated when conditions endanger residents.
3. A legal termination or temporary eviction. If the tenant will not agree, you need a lawful notice and, if the tenant stays, a court case.

You cannot change the locks, remove belongings, or shut off utilities to clear the unit. The California Department of Real Estate's tenant guide lists these as illegal self-help evictions. Florida's prohibited-practices statute, section 83.67, makes a landlord who does them liable for actual damages or 3 months' rent, whichever is greater, plus attorney's fees.

Refusing access is a different problem. Under California's Tenant Protection Act (coverage is explained below), a tenant's refusal to allow lawful entry after proper notice is an at-fault just cause for ending the tenancy. See our guide to California entry and privacy rules for notice details.

When California requires relocation pay

California ties relocation pay to how the displacement happens. These are the common cases:

For agency orders, the local enforcement agency determines eligibility. You do not owe these benefits if the agency finds the tenant or a guest caused or substantially contributed to the condition, or that an event beyond your or your agent's control caused it without either of you contributing.

The San Francisco figures apply from March 1, 2026 through February 28, 2027, and the Rent Board adjusts them each March. For an agency order to vacate, payment is due within 10 days after the order is mailed and posted, or 20 days before the vacate date, whichever is later. But if fewer than 10 days separate the first posting and mailing from the required vacate date, payment is due within 24 hours after posting and mailing.

The Tenant Protection Act generally covers tenants of 12 months or more in buildings at least 15 years old, with exemptions that include an owner-occupied duplex and many single-family homes and condos whose owners gave the required exemption notice. A "substantial remodel" under the Act is narrow. The work must replace or substantially change a structural, electrical, plumbing, or mechanical system and need a permit, or abate hazards such as lead paint, mold, or asbestos. It must also require the tenant to be out for at least 30 consecutive days. Painting, decorating, and minor repairs do not qualify. The termination notice must describe the work, give its expected length, and include a copy of the permit (or, for hazard abatement that needs no permit, the signed contractor agreement). Local ordinances can require more; see our California rent control guide for how state and city rules interact.

San Francisco's temporary capital improvement eviction

San Francisco lets a landlord temporarily remove a tenant for capital improvement or rehabilitation work, but only in good faith and only if the unit will be hazardous, unhealthy, or uninhabitable during the work. The Rent Board's rules include:

• Get all permits before serving notice, and attach copies, a description of the work, and the approximate month and year the tenant can return.
• State the current lawful rent and describe the tenant's relocation rights, with Ordinance section 37.9C and the required Rent Board forms attached.
• File the notice and proof of service with the Rent Board within 10 days of serving it.
• If the work will take more than three months, file a Petition for Extension of Time before serving notice.
• For displacements of 20 days or more, pay half the relocation amount when you serve notice and half when the tenant moves out.
• During the school year, you cannot temporarily evict a household with a child under 18, or an educator at a San Francisco school, who has lived in the unit 12 months or more.

Lower-income tenants displaced for more than three months can also receive monthly payments for up to 39 months, covering the gap between their former rent and the lower of the housing authority's payment standard or their actual temporary housing cost.

Who pays rent and costs during the displacement?

The answer depends on the route:

• San Francisco stays under 20 days: the state rule does not change the tenant's duty to pay rent. The tenant keeps paying rent, and you pay the daily amount or provide a comparable unit.
• Agency order to vacate: if the agency determines you owe relocation benefits, pay by the deadline above, in addition to returning any security deposit owed.
• Tenant Protection Act remodel: the tenancy ends, so rent stops when the tenant moves out, and the one-month relocation amount applies.
• A voluntary agreement: in California, agreed terms remain subject to legal limits on waiving repair rights, described below. Spell out whether rent is reduced or paused, and whether you pay the hotel directly or reimburse the tenant.

Fumigation is a common short displacement. In California, the pest control company must give the tenant written notice at least 48 hours before a fumigation, listing the pest and the pesticide. That notice does not replace your own entry notice or settle who pays for the tenant's lodging, so cover lodging in writing before the date is set.

Does the tenant have the right to move back in?

Under these rules, yes:

• San Francisco temporary eviction: the tenant may return at the prior rent plus allowable annual increases. You must notify the tenant in writing when the unit is ready; the tenant has 30 days from receiving your offer to accept and, if they accept, must move back within 45 days of receiving the offer.
• Tenant Protection Act remodel: if the work is not started or not finished, you must offer the unit back on the same terms. The tenant has 30 days to accept and 30 days after accepting to move back in.
• A voluntary agreement: write the move-back date into the agreement, along with what happens if the work runs late.

California bars retaliation against a tenant who reported conditions or used a repair remedy, so a displacement that follows a complaint needs a documented repair reason. Our guide to California maintenance and repair obligations covers the tenant's repair remedies, and when a tenant can move out over bad conditions explains the tenant's side.

What to put in a temporary relocation agreement

California Civil Code section 1942.1 generally voids terms waiving or changing a tenant's statutory rights to a livable home and repair remedies. It allows agreements for tenants to make specified repairs or maintain the home as part of the rental arrangement. Within those limits, cover:

1. The work, the permit numbers, and the start and expected finish dates.
2. Where the tenant stays, who books it, and the daily or total amount you pay.
3. Rent during the displacement, stated as a dollar amount.
4. Packing, moving, and storage of belongings, and who insures them in transit.
5. Utilities, mail, and parking during the work.
6. The move-back date, the tenant's right to return to the same unit on the same lease, and what you pay for each extra day if the work runs over.

For other ways a tenancy can end, including when the tenant will not return, see general ways to end a tenancy agreement.