Q: Differences in "non-renewal" vs. "termination" under CA AB-1482

A: In California under AB-1482, "non-renewal" usually refers to letting a fixed-term lease expire without extending or renewing it. Since your tenant is now month-to-month, you can't issue a "non-renewal" because there's no fixed term left to expire. Instead, you'll need to proceed with a "termination of tenancy," which involves providing a formal notice to vacate, typically requiring a 60-day notice if the tenant has occupied the premises for at least one year.

"Termination" under AB-1482 means ending an ongoing month-to-month arrangement, and if the termination is not based on tenant fault, you must have a permissible reason or "just cause," such as your intent to substantially remodel, move in yourself, or withdraw the unit from the rental market. Transitioning to a master lessor arrangement alone doesn't automatically count as a just cause under AB-1482 unless it includes substantial renovations or withdrawal from the market. Given your tenant's problematic behaviors, you could consider issuing a formal written warning or lease violation notice related specifically to smoking and unauthorized use of common spaces before proceeding.

"Eviction," on the other hand, refers specifically to the legal process of removing a tenant who refuses to vacate after a lawful termination notice period expires. To move forward, you'll want to clearly document the tenant's lease violations and issue formal warnings, especially as you introduce your new no-smoking policy. If violations continue after proper notice, you would then have grounds for a fault-based eviction, which will strengthen your position if challenged legally.