Cecily Zamora
California has strict laws regarding tenant eviction, which require landlords to have a valid reason to evict renters. The Tenant Protection Act of 2019 (AB 1482) provides just cause protections for tenants who have lived in the rental housing for at least 12 months. This means that landlords must have a legitimate reason to terminate the tenancy, which can fall under either at-fault or no-fault reasons. At-fault reasons include non-payment of rent, criminal activity, and subletting, while no-fault reasons include the landlord or their family member moving into the property or taking the unit off the rental market. The only lawful way to evict a tenant in California is to file a lawsuit and wait for the court to order the eviction. Landlords cannot engage in self-help evictions by changing locks or shutting off utilities, as this can lead to serious legal consequences.
| Characteristics | Values |
|---|---|
| Lawful way to evict a tenant | File a case in court |
| Tenant rights | Right to remain in the home until a court orders to move out |
| Landlord's notice | Written notice with a deadline |
| No response from tenant | Landlord can ask a judge to decide the case without the tenant's input |
| Response from tenant | Either side can ask for a trial |
| Landlord wins | Ask the judge for papers for the sheriff to evict the tenant |
| Tenant rights | Tenants cannot be locked out or have their utilities turned off |
| Landlord's rights | Landlord can evict a tenant for "at fault" reasons |
| "At fault" reasons | Non-payment of rent, criminal activity, breach of lease agreement, etc. |
| "No fault" reasons | Landlord or family moving into the property, complying with a government order, etc. |
| No-fault eviction notice | 60 days prior |
| At-fault eviction notice | 3-30 days, depending on the severity |
| Tenant Protection Act | Prohibits landlords from evicting tenants without "just cause" |
| Just cause protections | Applicable after a tenant has lived in the rental housing for 12 months |
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What You'll Learn
Landlords must provide a valid reason to evict
In California, the law requires landlords to have a valid reason to evict a tenant, and the only lawful way to do so is to file a case in court. This is known as the "just cause" protection for eviction, which applies to renters who have lived in the rental housing for at least 12 months. The Tenant Protection Act of 2019 (AB 1482) outlines the valid reasons for eviction, which can be categorised into two types: "at-fault" and "no-fault" reasons.
"At-fault" reasons refer to instances where the tenant has done something wrong, such as not paying rent, breaking the terms of the lease or rental agreement, engaging in criminal activity on the property, subletting without permission, or denying the landlord entry when they have a legal right to enter. In the case of unpaid rent, tenants must be given three days to rectify the issue. For other "at-fault" reasons, the notice period can range from three to thirty days, depending on the severity of the issue.
"No-fault" reasons, on the other hand, are situations where the tenant is not at fault, but the landlord has a legal cause to end the lease. This includes instances where the landlord or a close family member intends to move into the property, taking the unit off the rental market, complying with a governmental order, or planning to demolish or substantially remodel the property. In the case of "no-fault" evictions, tenants should be notified at least 60 days in advance.
It is important to note that landlords must follow the proper legal procedures when evicting a tenant. They must first provide a written notice stating the reason for eviction and a deadline by which the tenant must resolve the issue or vacate the premises. If the tenant does not comply, the landlord can then file an eviction case in court. Self-help evictions, such as changing locks or shutting off utilities, are illegal and can result in serious legal consequences for the landlord.
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At-fault reasons for eviction
In California, the only lawful way to evict a tenant is to file a lawsuit and wait for the court to carry out the eviction. Landlords cannot change locks, shut off power, or remove personal property to force an eviction. The Tenant Protection Act of 2019 requires landlords to have a valid reason to evict renters if they have lived in the rental housing for at least 12 months. This is called "just cause" protection for eviction, which can be broken into two categories: "at-fault" and "no-fault" evictions.
- Non-payment of rent: Tenants must be given three days to correct the mistake.
- Breach of the lease agreement: This includes breaking a material rule in the rental agreement, such as subletting if the lease does not allow it or refusing to sign a new lease with similar terms.
- Refusal of lawful entry: Landlords must provide 3-30 days' notice, depending on the severity.
- Criminal activity: This includes criminal activity on the rental premises or off the premises directed at the owner or agent.
- Causing damage beyond normal wear and tear.
- Disruptive behaviour that violates the quiet enjoyment clause.
- Using the rental for unlawful purposes.
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No-fault reasons for eviction
In California, a landlord can only evict a tenant for a "no-fault" reason if they have lived in the rental housing for at least 12 months. If any adult tenant moves into the rental housing before this period elapses, the just-cause protections do not apply until 24 months have passed or all adult tenants have lived in the property for 12 months.
No-fault evictions allow landlords to evict tenants even if they have not broken any rules. Common reasons for no-fault evictions include:
- Renovations
- Repairs
- Demolition
- Owner move-ins
- Occupancy by new owners
Landlords must provide advance notice, which can range from 30 to 90 days, and they must give one month's rent to help with moving costs. Tenants can fight improper or retaliatory evictions and seek legal aid to negotiate relocation assistance and identify potential defences.
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The unlawful eviction process
In California, the only lawful way to evict a tenant is to file a lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction. Landlords cannot change the locks, shut off utilities, or remove a tenant's belongings to force them out. Such “self-help” evictions or unlawful lockouts are serious offences and can result in major legal consequences for the landlord.
The Tenant Protection Act of 2019 requires a landlord to have a valid reason to evict renters, so long as the renter has lived in the rental housing for at least 12 months. This is called "just cause" protection for eviction. Some "at-fault" reasons for eviction include not paying rent, criminal activity in the rental housing, and subletting if the lease does not allow it.
If a landlord wants to evict a tenant, they must first give the tenant a written notice to do something by a deadline. For example, a notice might say to fix a problem or move out by a certain date. If the tenant doesn't comply by the deadline, the landlord can file an eviction case (called an unlawful detainer). The landlord must then have a copy of the court papers delivered to the tenant. If the tenant doesn't respond by the deadline, the landlord can ask a judge to decide the case without their input. If the tenant does respond, either side can request a trial where a judge or jury will decide. If the landlord wins the case, the court will issue an order for a law enforcement officer to handle the eviction.
If a landlord illegally evicts a tenant in California, they are liable to the tenant for damages. The tenant may sue in civil court or small claims court and may recover actual damages (out-of-pocket losses) and punitive damages of up to $100 per day that the landlord is in violation of the law (but not less than $250 for each separate violation). Along with actual and punitive damages, the court can also award the tenant court costs and attorney's fees. The tenant can also ask the court to order injunctive relief, which is a court order telling the landlord to stop performing a certain act.
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The eviction of arrested tenants due to criminal activity
In California, tenants are protected by the Tenant Protection Act of 2019 (AB 1482), which requires landlords to have a valid reason to evict renters, so long as the renter has lived in the rental housing for at least 12 months. This is known as "just cause" protection for eviction.
"Just cause" can be divided into two categories: "at-fault" and "no-fault" reasons. An "at-fault" eviction includes violations such as non-payment of rent, breach of the lease agreement, subletting when not allowed, refusing entry to the landlord, using the rental for unlawful purposes, criminal activity on the property, causing damage beyond normal wear and tear, and disruptive behaviour. "No-fault" evictions cover situations where the tenant is not at fault, but the landlord has a legal reason to end the lease. This could include the landlord or their family member moving into the property, complying with a government order, or demolishing or remodelling the property.
Criminal activity, including unlawful behaviour on the rental property, is considered an "at-fault" reason for eviction. If a tenant is engaged in criminal activity, the landlord must provide written notice and give the tenant a deadline to fix the issue or move out. The deadline can vary from 3 to 30 days, depending on the severity of the situation. If the tenant does not comply, the landlord can then file an eviction case in court, and a judge will decide on the matter. It is important to note that landlords cannot take matters into their own hands by changing locks or removing a tenant's belongings, as this can result in legal consequences.
To summarise, landlords in California can evict tenants for criminal activity, but they must follow the proper legal procedures, including providing written notice, allowing for a response from the tenant, and obtaining a court order if necessary. The tenant has the right to remain in their home until a court orders them to vacate the premises.
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Frequently asked questions
No, a landlord must provide a written notice to the tenant and wait for a response. If the tenant does not respond, the landlord can file papers asking a judge to decide the case without the tenant's input.
A landlord can evict a tenant for "at-fault" reasons such as non-payment of rent, breach of the lease agreement, criminal activity on the property, and causing damage beyond normal wear and tear. "No-fault" reasons include the landlord moving into the property, taking the unit off the rental market, or complying with a governmental order.
Under California law, a tenant has the right to remain in their home until a court orders them to move out. The tenant cannot be locked out, and their utilities cannot be shut off. The landlord must file a lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction.
