Landlords can evict at-fault tenants with just cause

Landlord: Can I evict a tenant just because?

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Governor Gavin Newson signed Assembly Bill 1482 (AB 1482) indicating that landlords can no longer evict tenants without “just cause.” There are 2 categories mentioned under “just cause:” At-Fault and No-Fault. The following includes items when a landlord can evict a tenant who is not at-fault.

NO-Fault Just Cause Reasons to Evict (AB 1482 Rent Control)

  1. Owner or Family Member wants to move-in. Family members listed are:
    • self,
    • spouse,
    • domestic partner,
    • children,
    • grandchildren,
    • parents or
    • grandparents
    • NOTE: Siblings, cousins or other members are NOT listed
    • NOTE: Under the state rent control, the owner can choose any unit to vacate. However, it is not recommended to choose an occupied unit if a similar vacant unit is available. Also, it is recommended that the owner or family member stay about a year in the unit.
  2. The Owner is removing the property from the rental market or withdrawing the unit
    • Examples includes converting the property from duplex to an apartment, apartments to condos, etc.
  3. A government agency or local ordinance orders or necessitates the vacancy
  4. The Owner intends to demolish or substantially remodel the property
    • “Substantially remodel” means that they are replacing or substantially modifying any:
      • electrical,
      • plumbing, or
      • mechanical system that requires a permit from a governmental agency,
    • or the abatement of hazardous materials, including lead-based paint, mold, or asbestos
    • This work requires the tenant needs to vacate for at least 30 days
    • Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the property vacated, do not qualify as substantial rehabilitation.
  5. Compliance with a governmental order. For example if the unit is an illegal conversion.
    • NOTE: Before the owner can issue the notice to terminate the tenancy, the owner needs to give the tenant the opportunity to cure the violation.
  6. Must pay for the relocation with 1-month rent or waive the final month before it is due in writing stating the amount of rent waived and that no rent is due for the final month. Any relocation assistance shall be provided within 15 (fifteen) calendar days of service of the notice.
    • If a tenant fails to vacate after the expiration of the notice to terminate, the actual amount of any relocation assistance or rent waiver provided shall be recoverable as damages towards gaining possession of the property.

Specific provisions will be needed in rental agreement on or after July 1, 2020. Subscribe to receive future information. 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.

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, Dennis P. Block & Associates presentation and CA Residential Rental Housing Association

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