Landlords can evict at-fault tenants with just cause

Landlord: When can I evict a tenant who’s at fault?

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Assembly Bill 1482 (AB 1482) indicates that landlords can no longer evict tenants without “just cause.” The following list itemizes reasons a landlord can evict tenants with “just cause.” It is recommended to have this information in the rental agreement, since a breach in the agreement would put the tenant at-fault. This applies to tenants that have occupied the premises for 1 year. If a tenant has been added to the tenancy within the first year (such as adding a roommate), then the time is extended to 2 years. The following are “just cause” reasons to evict tenants who are at-fault:

Reasons to Evict under AB 1482 (At-Fault Just Cause)

  1. Non-payment of Rent
  2. Breach of Lease, (here are some examples that may be prohibited on the agreement):
    • Putting up a satellite dish,
    • extra people moved in,
    • getting pet,
    • changes locks and will not give the landlord a copy of the keys, etc.
  3. Nuisance (for example):
    • too loud,
    • late parties
  4. Waste (for example):
    • cuts a tree and leaves the debris,
    • breaks windows
  5. Failure to sign a renewal of the lease after the current lease expires
    • If the landlord wants to evict, it is better to not accept the rent on 13th month or until it is signed
  6. Criminal Activity
    • drugs, illegal activity
  7. Assigning or subletting
    • a tenant renting out the unit as an Airbnb or VRBO, for example
  8. Failure to Allow Access
    • TIPS to put on the agreement to help again access include:
      • when would access be performed, i.e. hours and possible days,
      • has to be specific reasons,
      • check for water leaks,
      • Health and Safety checks, etc
      • If the tenants refuse, it is important to notify them properly with a written notice posted on the door and/or hand-delivered (reference the Code of Civil Procedure on giving proper notice to tenants)
  9. Using the Unit for an unlawful purpose
    • for example: making food to sell. This can incur out of the ordinary grease/dirt, cleaning, utility expenses, etc on the premises
  10. Tenant refuses to leave after Signing Intent to Terminate
  11. Tenant fails to deliver possession after providing notice

TIP: When ever giving notice to a tenant or needing to call the police, video the process with your phone to help document what is happening in case it is needed during an eviction.

For more tips or property management information, feel free to contact us at Appreciating Real Estate with any questions at no obligation. (714) 657-3853 or click here for an appointment.

#propertymanagement #landlord #AB1482 #evictions #atFault #JustCause

This content is general information intended as a public resource and not guaranteed to be correct, up-to-date or complete. Credits: AB-1482 Tenant Protection Act of 2019: tenancy: rent caps and presentation by Dennis P. Block & Associates

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