Disclaimer: This document and any information contained herein are provided for informational purposes only and do not constitute legal advice. The author of this document is not an attorney, and the information presented should not be considered as a substitute for professional legal advice.
California’s rental laws are already complex, but they grew more complicated with the ratification of AB 1482, or the Tenant Protection Act of 2019 (TPA), in January 2020. This statewide rent control law also has strong eviction protections that can change how landlords manage their rental properties.
If you are a landlord in Pleasanton, CA, your unawareness of this California law can lead to various unintentional risks that involve financial penalties and legal disputes. A clear understanding of this new "just cause" eviction law can provide a smoother landlord's journey by helping you keep a positive relationship with your tenants while protecting your property investment.
In this guide, we’ll discuss the essentials of "just cause" eviction and how it can affect your tenants and you as a landlord when issuing a termination notice.
What Is Just Cause Eviction?
As a seasoned landlord, you know that eviction might happen when your tenant continuously breaks rules from the lease agreement. However, with the new California Code, CIV 1946.2., tenants can now be protected from unlawful eviction if they live in your rental property for 12 months.
This applies to ALL property types in California except for the following:
Properties designated as affordable housing by a deed, government agreement, or subsidy program.
Dormitories
Duplexes where the owner continues to live in one unit while renting out the other.
Rental units that have a certificate of occupancy issued within the past 15 years and are still in a rolling timeline
All mobile homes except if it is owned or offered by the manager or mobile home park owner
Single-family homes that are not owned or controlled by corporations or real estate investment trusts (REITs).
Properties protected by a state or local rent regulation law that goes beyond what the Tenant Protection Act provides.
Important Note: The TPA does apply to market-rate rental units where tenants use Section 8 Housing Choice Vouchers to help pay rent, except for the conditions mentioned above.
Categories Of Just Cause Eviction
According to just cause eviction rules, landlords must have specified reasons to remove tenants from their properties. There are two categories under the “Just Cause” eviction:
1. At-Fault Just Cause
This category focuses on situations where a tenant may get evicted from the rental property due to their own neglect of the housing rules or violations of the lease agreement. It involves actions related to the tenant’s responsibility, such as:
Non-Payment of Rent
Breach of rental agreement due to failure to pay rent on time is the most common reason for “just cause” eviction.
Lease Violations
There are many situations when a tenant can break the rental agreement, such as bringing unauthorized pets in rentals or subletting.
Criminal Activity
You can also evict a tenant if they use your property for illegal activities or commit a crime against you or your agents.
Nuisance or Property Damage
Another way to legally evict a tenant is when they cause excessive noise or harass other tenants in your rental property. You can also evict a tenant if they intentionally cause damage to your rental property.
Denying Landlord’s Legal Access
Sometimes, you must request access to your rental property from your tenant for legitimate reasons like inspections and repairs or if you need to show your property to prospective tenants or buyers. If the tenant repeatedly refuses to grant access without any valid reason, you can legally process eviction.
Refusing to Sign a New Lease with Similar Terms
Tenants are expected to sign a new lease once their contract ends. If they refuse to sign a new lease with similar terms for any valid reason, this can be viewed as a violation and considered grounds for eviction.
2. No-Fault Just Cause
This particular category provides the right to landlords to process eviction without blame or neglect from the tenants. This is usually based on a landlord’s legitimate interests, such as:
Demolition or Major Renovations
Demolition or conducting of major renovations in your rental property can also be a legal ground for eviction. For major renovations, you must meet the following conditions for it to be considered as a 'no-fault just cause':
It should involve substantial remodeling and not only cosmetic renovations. The modifications must also relate to the electrical, plumbing, and structural systems of your rental property or mitigate the risks of hazardous materials.
The renovation work must have a permit and cannot be done with tenants living in the unit.
The eviction notice must include copies of required permits, a description of the work, and a guarantee that the tenant can return to the unit if the renovation is not started or finished.
You must give the tenant at least 30 days to vacate the property.
Important Note: Certain groups, like senior tenants, may have extra protections, so make sure to get legal assistance if needed.
Following a Government Order or Law
A landlord may legally force a tenant to leave their property if they are required to do so by a court order or a municipal ordinance. Redevelopment projects, health and safety issues, or measures taken by code enforcement might cause this.
In such a situation, the landlord must adhere to all legal obligations, such as giving sufficient notice and, if necessary, providing relocation assistance equal to one month's rent.
Landlord or Family Member Moving In
You can legally evict tenants if you or an immediate family member plans to move into the rental unit and make it your primary residence. In doing so, you must provide proper notice and might be required to pay relocation assistance to your tenant.
Here are some of the conditions you must adhere to if you want to evict a tenant for this reason:
According to this law, the only eligible persons who can move in are the owner or their spouse, child, parent, domestic partner, grandparent, or grandchild.
The owner or their family member must move in within 90 days after the tenant leaves and consider the rental property their primary residence for at least 12 months.
You must confirm that there are no other vacant units in your rental property to move into.
You must include the name of the person moving in and their relationship to you as the owner. The tenant may also request proof of this relationship.
Important Note: If the conditions mentioned above are not met, you must return the same rent and lease terms to the tenant and reimburse them for reasonable moving expenses.
Permanently Removing the Property from the Rental Market
If you decide to take your property off the rental market, you have the right to evict tenants. This means it is not available for lease to anybody, so an eviction process would be needed. This often occurs in accordance with the Ellis Act, which permits owners to leave the rental industry. Nevertheless, it is subject to stringent legal requirements, such as possible relocation costs.
Get Ahead Of State And Local Regulations With Property Management Experts
California’s "just cause" eviction laws can feel overwhelming, especially with the intricacies of the Tenant Protection Act, local laws, and evolving state regulations. Ensuring compliance requires landlords to stay informed while managing the day-to-day demands of their rental properties. Missteps in the eviction process jeopardize legal compliance, strain tenant relationships, and lead to costly disputes.
At Advantage Property Management Services, we specialize in guiding Pleasanton landlords through the complexities of California’s rental laws. Our team ensures your rental units comply with state and local requirements, whether you’re issuing a termination notice, dealing with lease violations, or planning significant renovations
Become our partner in your rental business and schedule a consultation with us now!
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