Deciphering “Just Cause” Eviction Requirements

California’s residential tenancy law is notoriously difficult to navigate for the unwary landlord. This is largely because of the Tenant Protection Act of 2019. The Tenant Protection Act significantly alters the eviction process. It is critical that landlords understand the harsh rules. As such, reading this comprehensive guide, or seeking the advice of an experienced real estate attorney, are crucial steps to avoid problems with pitfalls such as “just cause” eviction requirements or failure to provide the opportunity to cure violations.

The Tenant Protection Act of 2019 contains strict “just cause” eviction requirements. While only applicable to tenancies exceeding 12 months, understanding these requirements is crucial for landlords trying to comply with the law. “Just cause” encompasses both “at-fault just cause” or “no-fault just cause.” “At-fault” refers to fundamental violations of the tenant-landlord relationship; if it relates to the core pillars of the landlord’s control, access to, or benefit from owning the property, it is likely under this category. This includes:

1. Non-payment of rent.

2. Breach of a “material” lease term and failure to cure when provided the opportunity (See below).

3. Assigning or subletting the unit to another against the terms of the lease.

4. Prohibiting the owner from entering or accessing the unit for required repairs or to protect the public from a hazard, and so on.

5. Failure of the tenant to leave the premises at the end of the lease term.

Under the Tenant Protection Act, situations where the tenant is not “at fault” include the following:

1. Required substantial remodeling involving modification of structural, electrical, plumbing, or mechanical systems that need permitting from local government agency.

2. Remodeling that is required to prevent or protect inhabitants from hazardous materials such as mold or asbestos exposure and cannot be addressed by the owner without the tenant necessarily having to relocate for at least 30 days of time.

3. The landlord or their family intends to occupy the unit (for at least two years) (Cal. Civ. Code § 1946.2(b)(1)(E)).

4. Failure of the tenant to leave the premises at the end of the lease term.

Providing an Opportunity to Cure Under the Tenant Protection Act

Critically, the Act requires landlords to offer tenants a chance to cure lease violations before filing for eviction.

Specifically, before issuing a notice to terminate for just cause for a curable lease violation, the owner must first give the tenant notice of the violation with an opportunity to cure. Cal. Civ. Code § 1161(3). This process involves providing a detailed notice of the violation and a period for the tenant to address, or “cure,” the issue.

If not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may be served. Cal. Civ. Code § 1946.2(c).

Specifically, the cure period notice must precede any unlawful detainer action for lease violations.

Leveraging Exceptions and Strategic Tips

The Act outlines certain exceptions for landlords. Here are a few strategic tips to help landlords manage their properties under the new regulations.

A. Tenant Protection Act Exemptions

The limitations of the Tenant Protection Act of 2019 do NOT apply to:

1. Lease where the tenant shares a bathroom and kitchen facility with the owner, if the owner is living there as his/her principal residence.

2. An ADU attached to the owner’s principal residence.

3. Housing that has been issued a certificate of occupancy within the previous 15 years.

4. Residential duplexes where the landlord resides as his or her principal residence, AND in which the owner occupied at the beginning of the residency of the tenant.
   
   

B. Automatic Lease Expiration Date Does Not Require Notice In Some Circumstances

For tenancies shorter than 12 months, the lease automatically expires without notice, with eviction possible if the tenant fails to vacate.

In other words, if a tenancy is to expire by its terms and is for any period of time less than a 12-month lease, the tenancy expires automatically without any notice required upon such date. The failure to deliver possession of the premises at the end of the lease term may result in eviction WITHOUT NOTICE.

C. Extended Notice Provisions To Cover Your Back

Lease terms that mandate longer notice periods than the statutory minimum are valid and enforceable.

D. Commercial Leases Have Tremendously More Flexibility

Commercial landlords and tenants can agree on alternative notice and cure provisions, diverging from statutory requirements.

Tenant Protection Act of 2019

The Tenant Protection Act of 2019 introduced a series of requirements and exceptions that impacted the eviction process in California. For landlords, knowing these legal nuances is essential to ensure compliance and safeguard property rights. Landlords should seek an experienced real estate attorney to improve their understanding of the laws.  Landlords must remain up to date to avoid expensive and time-consuming tenant lawsuits.