Landlords of non-exempt property seeking to evict a tenant need to show “just cause” for the eviction when (1) all tenants have continuously and lawfully occupied the unit for 12 months or longer; or (2) at least one tenant has continuously and lawfully occupied the unit for 24 months or longer. “Just cause” essentially means that the landlord must have a reason to evict recognized by California law. Here is a breakdown of those reasons, as outlined in California Civil Code section 1946.2.

At Fault Just Cause Evictions

Just cause evictions fall under one of two sub-categories: “at fault” just cause evictions and no fault just cause evictions. An “at-fault” just cause eviction can be pursued if the tenant:

• Failed to pay rent when due;

• failed to enter into a landlord-requested renewal or extension of a lease which terminated on or after January 1, 2020;

• breached a material term of the lease;

• committed or permitted a nuisance or waste to occur on the property;

• conducted criminal activity on the premises or common areas, or used the premises for an unlawful purpose;

• assigned or sublet the premises in violation of the expired lease;

• refused the landlord’s authorized entry into the premises;

• failed to deliver possession after providing the landlord notice to terminate the tenancy or surrender possession, or

• failed to vacate when the tenant was a resident manager or other employee of the landlord and the employment has been terminated.

No Fault Just Cause Evictions

Alternatively, a “no fault” just cause reason exists when the tenant is being evicted under no fault of their own for any of the following reasons:

• the landlord or their spouse, domestic partner, children, grandchildren, parents or grandparents intend to occupy the premises;

• the property is withdrawn from the rental market;

• the property is unfit for habitation as determined by a government agency and through no fault of the tenant; or

• the landlord intends to demolish or substantially renovate the property.

An improvement qualifies as a “substantial renovation” when any structural, electrical, plumbing or mechanical system is replaced or substantially modified, requiring a permit from a government agency. Cosmetic improvements like painting or minor repairs that don’t require the tenant to vacate to ensure their safety are not considered substantial renovations.

Exempt Properties

Single family home rentals are generally exempt from California’s “just cause” requirement. Specifically, an exemption exists for owner-occupied single-family homes or duplexes, and any single-family home owned by an individual. In addition, housing built within the last 15 years is exempt from having to show “just cause” to evict a tenant.

Lynx Legal Service is here to answer any questions regarding the above issues, or any other questions you may have on evictions. Please feel free to contact us at 888-441-2355 or [email protected] with any questions or if you would like to start a case.