As experts in property management across the San Francisco Peninsula and Bay Area, we at Kenny Realty understand the challenges landlords face when managing rental properties. California’s Tenant Protection Act of 2019 has added layers of complexity to the eviction process, making it crucial to navigate "just cause" evictions effectively. This guide is designed to help landlords understand California’s just cause eviction law and how it impacts rental housing.
What Is "Just Cause" Eviction in California?
"Just cause" eviction refers to a legal framework that restricts landlords from evicting tenants without valid reasons defined by California law. Under the Tenant Protection Act of 2019, landlords must have specific grounds to terminate a tenancy. These reasons fall into two categories: "at-fault" just cause and "no-fault" just cause.
At-Fault Just Cause Reasons
At-fault reasons for evictions are justifications for an eviction that are the fault of the tenant. Common examples include:
Failure to pay rent: A tenant fails to pay rent as outlined in the lease agreement.
Lease violations: Breaching lease terms, such as unauthorized subletting or keeping pets in a no-pet rental unit.
Nuisance behavior: Creating disturbances that affect other tenants or the community.
Unlawful purposes or criminal activity: Using the property for illegal activities.
Lawful entry refusal: Denying a landlord’s lawful entry for inspections or repairs.
No-Fault Just Cause Reasons
No-fault reasons arise when the tenant is not at fault, but the landlord has valid grounds to terminate the tenancy. Examples include:
Owner move-in: When the property owner or an immediate family member needs to use the rental unit as a primary residence.
Substantial remodeling: When significant repairs or renovations require the tenant to vacate the unit.
Government orders: If a government agency mandates the property’s vacancy.
Key Provisions of California’s Just Cause Eviction Law
As property managers, we ensure our clients are fully informed about California’s just cause eviction law. Here are the critical aspects to keep in mind:
1. Tenant Eligibility for Protections
California’s eviction protections apply only to tenants who:
Have lived in a rental property for 12 months or longer, or
Have lived in the property for at least six months, with at least one other tenant who has resided there for 12 months.
2. Properties Exempt from Just Cause Evictions
Some properties are exempt from the just cause eviction requirements, including:
Single-family homes owned by individuals (not corporations or real estate investment trusts), provided the tenant was notified of the exemption in the lease.
Owner-occupied residences with no more than two rental units.
3. Relocation Assistance Payments
For no-fault just cause evictions, landlords must provide relocation assistance to tenants. This is typically equal to one month’s rent, payable within 15 days of issuing the termination notice. Alternatively, landlords may waive the tenant’s obligation to pay the final month’s rent.
4. Proper Written Notice
Landlords must serve tenants with a proper written notice specifying the just cause reason for the eviction. The notice must adhere to California law and any local ordinances that may impose additional requirements.
Navigating Local Ordinances and Statewide Rent Control
In our service areas across the San Francisco Peninsula and Bay Area, local eviction ordinances and rent control laws often impose stricter rules than state law. As your trusted property management partner, we help landlords stay compliant with these regulations.
For example:
San Francisco: Local eviction laws may require landlords to provide additional relocation assistance or limit valid reasons for eviction. For example, if a tenant has been residing in a unit for an extended period, landlords may be obligated to offer compensation beyond state-mandated relocation payments. Additionally, San Francisco ordinances often restrict the grounds on which landlords can evict a tenant, requiring adherence to stringent legal procedures.
San Mateo County: Landlords may face stricter timelines for issuing termination notices. For instance, San Mateo County regulations might demand advanced notice for certain types of evictions, giving tenants additional time to prepare. These local rules are designed to balance tenant protections with landlord rights, ensuring fairness under the law.
Steps to Ensure Compliance with Just Cause Evictions
At Kenny Realty, we guide landlords through the complexities of just cause eviction laws. Here’s how we ensure compliance:
1. Review Lease Agreements
We help landlords draft lease agreements that include all terms and conditions affecting the eviction process. Clear documentation of tenant obligations protects landlords during disputes.
2. Document Lease Violations
Our team maintains detailed records of tenant breaches, such as unpaid rent, nuisance complaints, or lease violations. This documentation supports your case in the event of an at-fault eviction.
3. Stay Updated on Local Laws
We stay informed about local ordinances that may impose additional eviction provisions or tenant protections, ensuring landlords are always in compliance.
4. Serve Proper Notices
We ensure all eviction notices comply with California law and local regulations. Our team handles every detail, so landlords can avoid costly mistakes.
5. Manage Relocation Assistance
For no-fault evictions, we calculate and process relocation assistance payments promptly, helping landlords avoid legal disputes.
How Kenny Realty Supports Landlords with Just Cause Evictions
Managing residential properties in the San Francisco Peninsula and Bay Area comes with unique challenges. At Kenny Realty, we offer professional property management services to help landlords navigate eviction laws while protecting their investments.
Our services include:
Lease agreement preparation: Ensuring all terms comply with state and local laws.
Tenant screening: Minimizing the risk of lease violations and rent breaches.
Eviction assistance: Guiding landlords through the eviction process, including serving notices and handling relocation assistance.
Legal expertise: Staying updated on eviction laws, rent control regulations, and local ordinances.
Partner with Kenny Realty Today
Understanding "just cause" evictions in California is crucial for landlords to navigate the legal complexities of the rental market. By adhering to the Tenant Protection Act and local ordinances, landlords can ensure compliance while maintaining positive landlord-tenant relationships. Let Kenny Realty be your trusted partner in property management across the San Francisco Peninsula and Bay Area.
For more information about our services, contact us today!
Evan has been in the real estate and property management field for 6+ years. He is experienced in working with first time home buyers, is an Accredited Buyer’s Representative (ABR®), Seller Representative Specialist® (SRS) and Seniors Real Estate Specialist®(SRES®). He also works closely with Kenny Realty owners, getting their rental properties rented as quickly as possible. Evan is responsible for monitoring rental market conditions and advising our owners on market rates. He has outstanding communication with all clients he works with, keeping everyone in the loop at all times. He is the third generation of the Kenny family to practice property management on the peninsula.