Real estate attorney Leo B. Siegel discusses tenant protection laws and just cause evictions.
California Tenant Protection Laws – Just Cause Evictions
Are there any exceptions or exclusions that would provide more protections for a tenant – renters 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, 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 in 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 in the property.
The City of San Jose Tenant Protection Laws
From the City of San Jose Website:
Under the Tenant Protection Ordinance, landlords of multifamily dwellings, guesthouses and unpermitted units will only be authorized to terminate tenancy under one of the 13 listed causes below.
Landlords must submit notices to vacate to the Rent Stabilization Program; submit a Notice to Terminate Tenancy with Just Cause using our simple online form.
Just Cause Reasons on Tenant Actions
- Nonpayment of rent
- Material or habitual violation of the lease
- Damage to the apartment
- Refusal to agree to a similar or new rental agreement
- Disorderly behavior/disturbing the peace
- Refuse access to the apartment when requested in accordance with law
- Unapproved holdover subtenant
- Criminal activity
Just Cause Reasons Based on Landlord Decision or Consequence of Action
- Substantial rehabilitation of the apartment
- Removal of apartments from the rental market under the Ellis Act
- Owner move-in
- City code enforcement actions requiring a move-out
- Convert an unpermitted apartment for permitted use
Relocation benefits must be paid when a tenant is being removed from an apartment for reasons 9-13. Benefits are paid based on the size of the unit occupied by the tenant who receives a notice of termination.
Leo B. Siegel is a real estate attorney with 34 years of experience handling landlord/tenant issues, evictions, co-ownership disputes, contract disputes, fraud, title issues, easements, and boundary disputes. He may be contacted at (831) 768-9110 or www.legalsiegel.org.
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