Understanding California's Just-Cause Eviction Laws: A Comprehensive Guide for Landlords

Jun 27, 2024
Understanding California's Just-Cause Eviction Laws: A Comprehensive Guide for Landlords - Article Banner

The Tenant Protection Act of 2019, or AB 1482, went into effect in 2020. While it’s best known for establishing statewide rent control, there are also just cause eviction provisions in this law which impact how and when you’re able to remove a tenant from your property. 


It’s easy to make a mistake when it comes to eviction in California, and even the most basic mistake can cost you time and money. Here’s what you need to know about California’s just cause eviction laws. 


Is Your Rental Property Included or Exempt from Just Cause Eviction Laws?


First, you’ll need to determine whether your rental property is included in this law or exempt from it. 


Generally, the just cause eviction laws apply to apartment buildings and multi-family properties where the owner is not occupying one of the units in a duplex or tri-plex. Single-family homes, condos, and any properties built within the last 15 years are not currently required to follow the restrictions in this law unless they are owned by corporations or REITs (real estate trusts).


To protect the exemption status that your rental property may have, you need to include specific verbiage in your lease agreement that tells tenants your property does not fall under the legal requirements for just cause evictions. 


If you find yourself included in the properties that must now follow AB 1482, here is what you need to know about evictions. 


Just Cause Evictions in California: When your Tenant is At Fault


Just cause eviction laws do not prevent you from evicting a tenant. You can still evict tenants for lawful reasons, including nonpayment of rent or bad behavior. You won’t be required to continue housing a tenant who is ignoring the rental due date or damaging your home. 


More important than ever is documentation. You really have to be able to prove that you are evicting your tenant for a valid and defensible reason. 


There are several good reasons to begin a just cause eviction. They include:


  • Nonpayment of rent


If your tenant defaults on his or her rental payment obligations, you can begin an eviction just like you did before the just cause eviction laws went into effect. You can always evict for nonpayment of rent.
The process requires that you start with the Notice to Pay or Vacate, and then move forward with the eviction filing at court if a tenant does not catch up and make the rental payment and also refuses to leave the property. 


Before you begin this process, make sure you’re prepared with a copy of your lease, where you indicate how much rent is due, when it’s due, and how it’s to be paid. Prepare to provide copies of your ledger that show rent hasn’t been paid, and always retain copies of any
tenant communication, including the notice that you served. Defaulting on rent will always be a good reason to evict a tenant, and while the process will take time, you’ll likely get the judgment you want from the courts and you’ll have possession of the property returned to you shortly after your court date. 


  • Lack of Lease Renewal


If your tenant has not renewed the lease or accepted your offer of a lease renewal after the end of the tenancy, but they also have not given notice of their intent to move out, you can evict them. Usually, this is an easy eviction to avoid. Make sure you get in touch with your tenants well ahead of the end of the lease date to get an idea of their plans. If they’re non-communicative, however, or if they refuse to sign the lease extension, you can begin
eviction proceedings, and it will be considered a just cause eviction.                                                                                                                                                               

  • Lease Violations


When your tenant violates the lease agreement, you have just cause to evict. Perhaps you have a tenant with several Pit Bulls and Dobermans living at your property even though those pets were not approved and the lease specifically prohibits dangerous breeds including that one, and they moved in claiming to own only a cat. Or, maybe your tenant will not allow you to
enter the residence for maintenance or repair issues, even after you provide the required written notice. When a tenant violates the lease agreement and refuses to comply with the written contract that was agreed upon and signed, you can evict lawfully.


  • Criminal Activity 



If there is any criminal activity or acts committed in your property, either in the tenant’s private residence or in the communal areas of an apartment building, you can evict. Not only can you evict, you can evict fairly quickly, with less of a notice period. You need only to provide a three-day notice for the tenants to move out when the eviction is due to criminal activity. Make sure you have evidence and can support your claim before you evict your tenant. If any part of your property is used for an unlawful purpose, you will have a just cause eviction. 


When Eviction is Without Cause

Sell Property

You might want to regain possession of your rental property in order to occupy the home yourself or to allow an immediate family member to occupy the home. You might also want to sell the property or take it off the rental market completely. You can remove your tenant in order to make these things happen, but it’s not considered a just cause eviction in these cases. That means you’ll have to give your tenant adequate notice that you’re taking the property back, and you’ll have to pay them a relocation fee. 

To meet the obligations of the relocation fee, you can provide a direct payment to the tenant equal to the last full month rent, or you can waive (in writing) the payment of rent for the final month of tenancy, prior to rent coming due. 


Understanding eviction law in California can be challenging even for the most experienced landlords and real estate investors. We recommend you talk to a
Santa Cruz property manager or an attorney before you evict. If you’d like some help, please contact us at Western Property Management, Inc. We lease, manage, and maintain investment properties throughout Santa Cruz County, including Aptos, Capitola, Soquel, Santa Cruz, Watsonville, and Scotts Valley.

Share by: