What Are California's Just Cause Eviction Laws?
California's Just Cause Eviction protections were written into The Tenant Protection Act of 2019. They generally require landlords to have a legally recognized reason for terminating a tenancy after a tenant has continuously occupied a property for the applicable qualifying period under state law. Rather than ending a lease simply because it has expired or because the landlord no longer wishes to rent to a tenant, landlords must establish a lawful basis for the eviction.
While some rental properties may be exempt from certain provisions, we strongly advise landlords to carefully determine whether an exemption applies before proceeding with an eviction.
When Can a Landlord Legally Evict a Tenant?
California law generally recognizes two categories of lawful reasons for eviction: at-fault just causes and no-fault just causes.
1.At-Fault Just Cause Evictions
An at-fault eviction occurs when the tenant has violated the lease agreement or failed to meet their
legal obligations as a renter. Common examples include:
- Failure to pay rent
- Repeated late rent payments when they constitute a lease violation
- Causing substantial property damage
- Creating a nuisance that interferes with neighbors' peaceful enjoyment
- Using the property for illegal activity
- Refusing lawful access after proper notice
- Unauthorized subletting or occupants when prohibited by the lease
- Failure to cure a lease violation after receiving proper written notice, when applicable
In many situations, landlords must first provide a written notice giving the tenant an opportunity to correct the violation before filing an eviction lawsuit. The specific notice requirements depend on the reason for the eviction.
2.No-Fault Just Cause Evictions
A no-fault eviction occurs even though the tenant has not violated the lease. Examples may include:
- The property owner or certain qualifying family members intend to occupy the rental unit as their primary residence.
- The property is being substantially remodeled, making continued occupancy unsafe or impractical.
- The landlord intends to permanently remove the property from the rental market.
- Government orders require the property to be vacated.
Because these evictions are not based on tenant misconduct, California law may require landlords to provide relocation assistance or waive the final month's rent in qualifying situations.
Before pursuing a no-fault eviction, landlords should ensure they satisfy all statutory requirements, including documentation and notice obligations.
Following the Proper Eviction Process Matters
Even when a landlord has a valid reason to terminate a tenancy, the eviction process must follow California law from beginning to end.
Generally, this includes:
- Identifying the lawful reason for eviction.
- Serving the appropriate written notice.
- Waiting for the required notice period to expire.
- Filing an unlawful detainer action if the tenant does not comply.
- Obtaining a court judgment.
- Allowing the sheriff to carry out the eviction if necessary.
Landlords should never attempt to remove tenants themselves or bypass the court process.
Consequences of an Unlawful Eviction
Attempting an eviction without following the law can expose landlords to serious legal and financial consequences.
Potential penalties may include:
- Monetary damages awarded to the tenant.
- Payment of the tenant's attorney's fees were authorized by law or contract.
- Civil penalties imposed under applicable laws.
- Court orders allowing the tenant to regain possession of the property.
- Delays in removing the tenant while litigation proceeds.
- Increased legal expenses.
- Damage to the landlord's reputation and business relationships.
In some cases, the cost of an unlawful eviction can far exceed the amount of unpaid rent that initially prompted the
dispute.
Best Practices for Merced Landlords
The best way to minimize eviction-related risks is to stay proactive throughout the landlord-tenant relationship.
As
Merced property management professionals, we recommend these practices:
- Use well-written lease agreements that clearly explain tenant responsibilities.
- Maintain detailed records of rent payments, maintenance requests,
inspections, and communications.
- Address lease violations promptly and consistently.
- Document property conditions with photographs during move-in and inspections.
- Keep up with changes to California landlord-tenant laws.
- Consult a qualified property management professional when dealing with evictions.
Many eviction disputes can be avoided through consistent communication and careful documentation.
Frequently Asked Questions
Q: Can I evict a tenant simply because the lease has expired?
Not necessarily. If California's Just Cause Eviction requirements apply to the tenancy, a landlord generally must have a legally recognized reason to terminate the tenancy, even after the lease term ends.
Q: Can I change the locks if the tenant hasn't paid rent?
A: No. Changing the locks or otherwise forcing a tenant out without following the legal eviction process is generally considered an unlawful "self-help" eviction.
Q: Do I always have to go to court to evict a tenant?
A: If a tenant does not voluntarily leave after receiving the required notice, landlords generally must obtain a court order through the unlawful detainer process before the tenant can be removed.
Q: Can I evict a tenant for violating the lease?
A: Yes, provided the violation qualifies under California law and you follow the required notice and court procedures. In many cases, tenants must first be given an opportunity to correct certain lease violations.
