Just Cause Evictions | Tenant Protection Laws

Real estate attorney Leo B. Siegel discusses Tenant Protection Laws and Just Cause Evictions.

Editor’s Note — California Tenant Protection Laws – October 2026

This interview was recorded before significant changes to California’s tenant protection laws, including the statewide Tenant Protection Act, which took effect January 1, 2020.

California Civil Code §1946.2 establishes just-cause requirements for many covered residential tenancies, subject to statutory exemptions and applicable local ordinances. Certain evictions may also require relocation assistance or compliance with additional notice requirements.

Federally assisted housing programs, including Section 8, have their own rules. Notice requirements vary depending on the housing program, the grounds for termination, and applicable federal, state, and local laws. A 90-day notice is not required in every Section 8 eviction.

The video is preserved as originally recorded for educational purposes. Property owners should consult an experienced California eviction attorney to determine which laws apply to their circumstances.

California Tenant Protection Laws –  Just Cause Evictions

Are there any exceptions or exclusions that would provide more protection for a tenant’s rights?

Yes, there are.
If it is federally subsidized housing, for example, Section 8, then instead of a 30 or 60-day notice, you have to give a 90-day notice before you can file your unlawful detainer action.

Tenant Protection Laws – Tenant Rights California

There are also, as is becoming more and more popular, rent controls, rent stabilization ordinances, and vacancy control ordinances that are being imposed in many jurisdictions. For example, Santa Cruz is the latest one where you have to have “just cause” in order to evict somebody.

Just Cause Evictions – Renters’ Rights

There are several requirements to show just cause. For example:

• • You might want to take the unit out of the rental market
  • It might be a default on rent
  • There might be illegal activity going on in the property – drug sales, for example.
  • You might be intending to move into the property yourself or put a family member in the property

There are many reasons, almost ten in most statutes, that constitute just cause, but you have to show good just cause before you can conduct an eviction under these jurisdictions that have vacancy control ordinances in effect.

That’s basically what would extend someone’s right to be on the property.

The City of San Jose Tenant Protection Laws

The City of San José has adopted a Tenant Protection Ordinance that establishes just-cause requirements for terminating tenancies in covered rental units, including certain multifamily properties, guesthouses, and unpermitted units.

Under the ordinance, landlords must identify an applicable just cause for termination and comply with the City’s notice and filing requirements.

The City identifies 13 just causes, divided into two categories:

Just Cause Reasons Based on Tenant Actions

1. Nonpayment of rent
2. Material or habitual violation of the lease
3. Damage to the apartment
4. Refusal to agree to a similar or new rental agreement
5. Disorderly behavior/disturbing the peace
6. Refuse access to the apartment when requested in accordance with the law
7. Unapproved holdover subtenant
8. Criminal activity

Just Cause Reasons Based on Landlord Decision or Consequence of Action

9. Substantial rehabilitation of the apartment
10. Removal of apartments from the rental market under the Ellis Act
11. Owner move-in
12. City code enforcement actions requiring a move-out
13. Convert an unpermitted apartment to permitted use

Relocation Assistance

Under the City’s Tenant Protection Ordinance, termination for reasons 9–13 generally requires relocation assistance. The amount, timing, and other obligations depend on the grounds for termination and applicable City requirements.

For current information, visit the City of San José’s Tenant Protection resources.

About Leo B. Siegel

Leo B. Siegel is a real estate attorney with decades of experience handling landlord-tenant matters, evictions, co-ownership disputes, contract disputes, fraud, title issues, easements, and boundary disputes.

He may be contacted at (831) 768-9110 or through the Stone Siegel Law Firm.

More Videos About California Evictions and Tenant Protection Laws

For additional information about California eviction procedures and situations involving occupants of inherited properties, explore these related articles and videos:

• Relative Is Living in an Inherited House
• Is a Trial Necessary for an Eviction?
• Sheriff Eviction Process
• Laws for Quicker Evictions

Need Help Selling Probate or Trust Real Estate?

Kathleen Daniels, Certified Probate Real Estate Specialist (CPRES), represents Executors, Administrators, Successor Trustees, and Conservators selling real property in Santa Clara County, California.

When a tenant or family member occupies an inherited property, legal assistance may be necessary to resolve possession issues before the property can be prepared for sale. Kathleen focuses on the real estate sale and recommends consulting a qualified California eviction attorney for legal matters.

Need Probate Help | Kathleen Daniels, Realtor®
Phone: (408) 972-1822