Read Free Online the California Landlord's Law Book: Evictions Nolo

Many landlords are request "What is Just Cause for an Eviction in California 2021?".

With so many moratorium extensions landlords need to know what the current law is regarding "Just Cause".

California law firms cite the California Tenant Protection Act of 2019 (AB 1482) which became law on January 1, 2020, as the electric current police.

One of its chief sections explains Just Cause Evictions.

What is Only Cause for an Eviction in California in 2021?

The California government website "Housing Is Key" summarizes it this way:

• Currently, until October 1, 2021, a landlord must provide a "legally valid reason" to evict a tenant;
• Giving a 30-day or threescore-day eviction notice without a stated reason is illegal; and
• The stated reason must include i of the valid reasons provided nether the law.

What Does "But Cause" Mean?

Simply put, the Simply Cause Eviction police ways that tenants can't be unfairly evicted (Civil Code 1946.two).

What is an "Unfair Eviction"?

It means that every eviction notice must state a legal reason.

Stating the specific reason for the eviction in the notice allows the tenant to challenge the reason. Before this law, landlords could serve an eviction detect on a tenant with no reason stated.

Now tenants can claim the reason is false or illegal to defend confronting the eviction. A landlord does non accept the correct to adios an innocent tenant simply considering he or she wants to.

What Types of Acts by a Tenant Allow Evictions?

Tenants must pay the rent on time. Check out our prior post nearly the eviction process titled: "How to Adios a Problem Tenant in California".

Other bad acts past the tenant allowing for eviction include being a nuisance, commission of a criminal offense on the premises, and actions posing a danger to the health or safety of other tenants or neighbors.

Local Laws May Provide Greater Protections Than State Law

The California Tenant Protection Human activity of 2019 does not replace local Just Crusade eviction laws that provide tenants greater protection.

What the Law Doesn't Practice

The law does non utilize to these situations:

• Beginning-yr of tenancy or new tenants added on the lease requiring a minimum of one year for everyone living there; or
• The original tenant lived at that place for at least two years earlier new tenants added;
• Illegal (unlawful) occupancy includes an unapproved tenant or subtenant or an Airbnb type living situation;
• Newly congenital properties (within the last 15 years since occupancy allow issued);
• Duplexes (built inside the last 15 years since occupancy permit issued);
• Authorities-sponsored housing (until such restrictions expire);
• Rooms rented in the landlord's home;
• Dormitory facilities similar for schools, religious, or health care facilities;
• Commercial (business) tenants;
• Hotels & motels during first 30 days of occupancy until the offset year of occupancy;
• Condos and single homes owned by someone other than a corporation, LLC, or REIT with an exemption specifically worded in the charter (or written find between January ane, 2020, and July 1, 2020);
• Rentals under local Merely Clause laws (or ordinances) enacted before September 1, 2019; and
• Rentals nether local Simply Clause laws (or ordinances) enacted after September 1, 2019, may give more protective eviction restrictions (than the country constabulary) or provide college relocation payments, or additional tenant protections. Such local laws if "consistent" with this country law and declares every bit "more protective" makes the state law with "fewer protections" unenforceable.

Definition of Simply Crusade for an Eviction in California 2021

Besides, the police force does non finish "For Cause" (Simply Cause) evictions which charge the tenant of wrongful behavior including:

1. Not paying rent;
2. Breaching important charter agreement provisions;
3. Creating a nuisance;
4. Serious holding impairment;
5. Criminal activities including threats of violence to the landlord;
6. Refusing to sign a lease extension with similar terms equally the original;
7. Illegally subletting or assigning rights to others;
8. Preventing the landlord from legally entering for repairs or showing the property;
9. A terminated resident manager refusing to exit;
10. Using the belongings for illegal purposes; and
11. Failure to move after giving the landlord discover of intent to move.

Thus, these 11 reasons give landlords "Just Cause" to evict the tenant.

For more data near the California Eviction Moratorium laws read our post: "California Eviction Moratorium Law".

If you desire to larn more about the California Hire Control Laws read our post titled, "California Hire Control Laws".

San Diego Added More Protections for Tenants in July 2021

San Diego County

On May 4, 2021, the San Diego County'southward Board of Supervisors enacted a new ordinance that provides more eviction limits than the country police force.

Read our prior post titled: "San Diego County Passed New COVID-19 Eviction Limits and Rent Controls 2021". It explained the proposed county ordinance before adoption.

The new law limits evictions only to tenants for nonpayment of rents, or who become an imminent safety or wellness threat to others.

In addition, it prevents landlords from evicting tenants if the landlord plans to move in or rehab the holding.

However, rents are not forgiven. Withal, information technology express rent increases until July 1, 2021. Thus, San Diego County landlords can increase rents no more than the Consumer Price Index (CPI) which measures aggrandizement.

Effective Date

The new ordinance took outcome on June 3, 2021.

The ordinance remains in effect until 60 days later on Governor Newsom ends all COVID-19 emergency orders. Currently, this means the lx days began on June fifteen until August 14, 2021.

Federal Lawsuit Against San Diego County

As a result, the Southern California Rental Housing Association (SCRHA) filed a lawsuit against San Diego Canton in federal court. They specifically challenged the county'due south limits on a landlord's power to evict or terminate the tenancy with a 60-day notice.

Every bit of today, no date prepare for a hearing.

SCRHA Explains the Canton Ordinance regarding But Cause

"Just Crusade" in San Diego County requires a "safety or imminent health threat" by the tenant. This means a gamble to the safety or wellness of other occupants or tenants in the same property.

Exception: The imminent safety or health threat can't include the tenant's actual or suspected COVID-19 exposure or illness.

In other words, a unsafe tenant capable of or threatening to crusade harm or injury to others.

If no Just Crusade exists, landlords cannot terminate residential tenancies. Therefore, if the tenant is not an "imminent threat", a landlord can't:

• Serve the tenant with a notice terminating tenancy;
• File an unlawful detainer lawsuit, ejectment action, or other ways to gain possession of the residential unit;
• Evict, or require a tenant to vacate a residence including enforcing eviction judgments entered earlier the engagement of the ordinance, or seeking a writ of possession;
• Inducing a tenant to vacate based on an expired observe of termination of tenancy or served during the Local Emergency or within 60 days later is invalid to enforce an unlawful detainer activeness; or
• Representing that a tenant must movement out of the unit by police.

In add-on, all notices must land in 12-point bold font:

"The Emergency Eviction Moratorium is currently in effect. Other than for failure to pay hire or an imminent health or rubber threat, evictions are restricted during the Local Emergency declared past the County of San Diego]. Tenants who are beingness evicted for failure to pay rent may have boosted protections under California law. You may contact Legal Aid Gild of San Diego (1-877-534-2524) or the Legal Referral and Information Service of the San Diego County Bar Clan at 619-231-8585 or 800-464-1529. For boosted information and referrals or visit https://world wide web.lassd.org ."

San Diego County Residential Rent Payments

The new county ordinance specifically states that "Just cause does not include a Tenant's failure to pay any increment in rent from the constructive date of this Ordinance until July 1, 2021."

This means after July 1st, landlords must follow the country constabulary regarding rent increases.

The Legal Aid Guild of San Diego published a guide to the county'due south ordinance: Main points include:

• Some nonpayment of rents evictions can occur just may be discipline to state laws;
• The county eviction ban doesn't protect tenants who fail to pay rent from March 1, 2020, to June 30, 2021. Withal, they are notwithstanding governed by state laws; and
• In addition, the eviction ban protects tenants from not paying rent evictions if the rent was due from July 1, 2021, until threescore days afterward the emergency ends which is around August 14, 2021.

Caveat: Governor Newsom can extend the current moratorium.

The Apartment Owners Association of California (AOA) published a skillful Q&A virtually this San Diego County Ordinance which answers many questions Here.

Metropolis of San Diego

According to the San Diego Housing Commission (SDHC), the City of San Diego has a temporary ban on evictions which took place on July ane, 2021.

The San Diego Metropolis eviction ban remains in consequence until 60 days after the City declares the COVID-xix Country of Emergency ends.

Updates are available regarding the City's temporary eviction ban on the SDHC website Here.

Besides, the Metropolis of San Diego website provides updated data about coronavirus and residential eviction moratoriums Here.

Governor Newsom Signs New Eviction Moratorium Extension

In a Press Release on June 28, 2021, Governor Newsom signed legislation extending California's eviction moratorium through September thirty, 2021 (AB 832).

The California Apartments Association (CAA) issued a observe stating that AB 832 requires landlords to requite their tenants an informational notice. Information technology must go to all tenants as of July 1, 2021, having one or more outstanding rent payments due on or subsequently March i, 2020. Tenants must receive this notice by July 31, 2021.

Complimentary Download: The CAA provides a free sample of this required find. As well, the CAA published Instructions to read before the Free Download of the document,

What is Just Crusade for an Eviction in California 2021 – Conclusion

And then, what is "Merely Cause" for eviction in California in 2021? Let's sum up the answer:

• "Just Cause" eviction means that tenants can't be unfairly evicted;
• "Unfair Eviction" means every eviction notice must land a legal reason;
• "Legally Valid Reason" required by landlords in tenants' notices; and
• "Legal reasons" include declining to pay rent and committing bad acts like crimes, nuisance, and posing a danger to the health or safety of other tenants or neighbors.

San Diego County limits evictions to tenants who don't pay rent, or who become an imminent safety or wellness threat to others. Besides, it prevents landlords from evicting tenants if the landlord plans to move in or rehab the property.

The City of San Diego has an eviction ban until threescore days after the Metropolis declares the COVID-nineteen State of Emergency ends.

Need Professional Property Management in San Diego County?

WeLease provides all the property management services you need throughout San Diego County.

Contact us for any holding management services in the greater San Diego surface area.

Steven Rich, MBA – Guest Blogger

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