Just Cause Eviction
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Residential Just Cause Evictions and Rent Control

NEW LAW AFFECTING LANDLORDS AND TENANTS EFFECTIVE JANUARY 1, 2020

The Tenant Protection Act of 2019 (AB 1482) changed Civil Code Sections 1946.2, 1947.12 and 1947.13. (AKA “JUST CAUSE EVICTION AND RENT CONTROL ACT”)

  • If a tenant has continuously and lawfully occupied a residential property for 12 months or more a landlord must have “just cause” * to evict. The “just cause” must be included in the written notice terminating the tenancy.
  • Rent increases in any 12-month period are capped at 5% plus the change in the cost of living (or 10% whichever is lower).

* ”Just Cause” includes both “at fault” ** justification and “no fault” *** justifications.  The type of justification is important because “no fault” evictions require the landlord, at his/her choice, must either: assist the tenant in relocating by providing one month’s rent to the tenant at the time the notice of termination is given; or waive the tenant’s last month’s rent (before it comes due).

** “At Fault” just cause – applies to something the tenant can control and includes failure to pay rent, a breach of a material term of the lease, nuisance or waste, criminal activity, refusal to execute a written extension of the lease or a new lease (upon expiration) with similar terms and duration, assigning or subletting in violation of the lease, tenant’s refusal to allow the owner to enter the residential property as provided by law.

***“No Fault” just cause – applies to things the Landlord can lawfully do such as taking the rental off the market, the owner or their spouse, domestic partner, children, grandchildren, parents or grandparents intending to occupy the property, an intent of the landlord to demolish or substantially remodel the property.

Failure of the landlord to strictly comply with the statute renders the notice of termination void.

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