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Landlord's Guide to Rent Increase and Evictions: Step 4. Just Cause Evictions

This Guide covers the NOTICES that Landlords must provide to Tenants

Step 4: Just Cause Evictions

The first step is determining if the California Tenant Protection Act of 2019 applies to your situation. Please read the Exemptions from the Tenant Protection Act page prior to continuing with this Just Cause Evictions page. 

The Tenant Protection Act of 2019, with certain exceptions, prohibits landlords from terminating a tenancy without "Just Cause". 

There are two categories of “Just Cause”:                                                                      

Notice requirements may differ according to the type of eviction. It is recommended to read the relevant codes and consult additional resources listed in the guide to determine the best approach applicable to your situation. See Notices tab for more information and samples. Also note that notice requirements and exemptions may vary by city or county, check your local laws.

Step 4A: At-Fault Evictions

  • At-Fault evictions are based on actions or activities of the renter that falls within the scope of reasons under Civil Code §1946.2(b)(1). The following are just a few of the most common examples of At-Fault actions/activities:

    • Nonpayment of rent

    • Tenant violated the lease and needs to fix the problem

    • Tenant committed a serious lease violation (nuisance, damage, subleasing, etc.)

    • Criminal activity by the tenant on the property

  • There are other situations where a Landlord can evict with At-Fault causes. For a full list of reasons for At-Fault evictions please view Civil Code § 1946.2(b)(1).

If a landlord wants to evict a tenant for an at-fault reason (not a serious / non-fixable violation), they must first provide the tenant with an opportunity to fix the violation. See Notices tab for more information.

Step 4B: No-Fault Evictions

  • No-Fault evictions are not based on the actions of the renter, but rather due to the owner’s actions or the owner's need to comply with a government agency, court order, or local ordinance. Civil Code § 1946.2(b)(2).
    • Intent to occupy the residential real property by the owner or the owner's spouse, domestic partner, child, grandchild, parent, or grandparent for a minimum of 12 months as a primary residence
    • Withdrawal of rental property from the rental market
    • Intent to demolish or substantially remodel the rental unit
    • Owner must vacate the property in order to comply with a local ordinance or other government entity order

If a landlord wants to evict a tenant for a no-fault reason, proper notice must be given. See Notices tab for more information and samples. 

Please note: No-Fault evictions require relocation assistance. 

Step 4C: Relocation Assistance or Rent Waiver

If there is no applicable local ordinance and you have determined that the tenant and property are covered under the Tenant Protection Act, continue on below.   

Pursuant to Civil Code § 1946.2(d), if the Eviction is a No-Fault eviction, the landlord must:                            

  • Assist the tenant in relocating by providing a direct payment equal to one month’s rent (known as Relocation Assistance) 

OR                                                                                                                            

  • Waive, in writing, the payment of rent for the final month of the tenancy, prior to the rent becoming due (known as Rent Waiver)

The landlord must notify the tenant of the tenant’s right to relocation assistance or rent waiver. If the owner elects to waive the rent for the final month of the tenancy, the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy. Civil Code § 1946.2(d)(2). See Notices tab for samples.

Any relocation assistance shall be provided to the tenant within 15 calendar days of service of the notice. Civil Code § 1946.2(d)(3).

Additionally, under San Diego Municipal Code 98.0706(d), if a residential rental property is offered for rent or lease for residential purposes within five years of the date the tenant was evicted under sections 98.0704(b)(1), (3), or (4), landlord shall first offer to lease the residential rental property in writing to the tenant displaced from that unit by the no-fault just cause termination if the tenant:

(1) advised the landlord in writing within 30 days of the termination notice of the tenant’s desire to receive an offer to renew the tenancy; and

(2) provided the landlord a mailing address or email address for the landlord to send the offer, including any change of mailing address or email address.

SAMPLE LANGUAGE:

YOU ARE HEREBY NOTIFIED, pursuant to Civil Code § 1946.2(d) that you have the right to relocation assistance. The owner of the residential real property shall provide relocation assistance to the Tenant in the following manner (checked box applies):                         

☐ Landlord/Owner agrees to assist the Tenant to relocate by providing a DIRECT PAYMENT to the Tenant for ONE MONTH of the Tenant’s rent that was in effect when the owner issued notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

OR

☐ Landlord/Owner agrees to WAIVE in writing the payment of rent for the FINAL MONTH of the tenancy, in the amount of _________, prior to the rent becoming due.

FAILURE to vacate after the expiration of the notice to terminate the tenancy may result in legal proceedings instituted against Tenant(s) to recover any relocation assistance or rent waiver provided to Tenant by Landlord, as well as to recover possession of the premises, damages, and court costs.                             

  • See Notices Tab for sample Relocation Assistance/Rent Waiver Notice

When No Relocation Assistance or Rent Waiver is Required  

Note: this is not a common situation.

Pursuant to Civil Code § 1946.2(b)(2)(C)(i):

  • If the No-Fault eviction is based off orders issued by a government agency, court order, or local ordinance requiring the vacating of the rental property

AND

  • It is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the need to vacate, then the tenant is NOT entitled to relocation assistance