Cameron Miranda
California's Tenant Protection Act of 2019 protects renters from eviction by requiring landlords to have a valid reason to terminate a tenancy. This reason must be recognised by the Act and can be either “at-fault” or “no-fault”. In California, landlords must follow specific rules and procedures when evicting a tenant, and self-help evictions or unlawful lockouts are serious offences that can result in legal consequences. While there are valid reasons for eviction, such as non-payment of rent, lease violation, or criminal activity, landlords must first provide written notice and allow tenants the opportunity to resolve the issue or move out voluntarily within a specified timeframe. If a tenant in jail is unable to respond to eviction proceedings, the landlord may seek a court order for eviction, which would be carried out by law enforcement.
| Characteristics | Values |
|---|---|
| Landlord requirements before asking for a court order | Must meet many legal requirements |
| Notice to tenant | Written notice stating the reason for eviction |
| Notice deadline | 3 days to a few months |
| Eviction lawsuit | Filed by landlord if tenant doesn't meet the notice deadline |
| Court order | Issued by a judge after hearing both sides |
| Eviction execution | Carried out by the Sheriff or Marshal |
| Tenant Protection Act of 2019 | Requires landlords to have a valid reason for eviction after 12 months of tenancy |
| Types of evictions | "At fault" and "no fault" |
| Reasons for eviction | Non-payment of rent, lease violation, criminal activity, etc. |
| Tenant rights | Cannot be forced out by landlords changing locks or removing property |
| Re-entry of evicted tenants | If the landlord moves out in under a year, the evicted tenant must be allowed back |
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What You'll Learn
California's Tenant Protection Act of 2019
In California, landlords are required to have a "valid reason" or ""just cause" to evict tenants, as outlined in the Tenant Protection Act of 2019 (AB 1482). This law, which came into effect on January 1, 2020, and will remain in force until January 1, 2030, provides tenants with certain protections against eviction and rent increases.
The Tenant Protection Act of 2019 applies to tenants who have continuously and lawfully occupied a residential property for 12 months or more. If any additional adult tenants are added to the lease before an existing tenant has occupied the property for 24 months, then the 12-month period starts anew. The law sets out two types of evictions: "at fault" and "no fault". At-fault evictions include reasons such as non-payment of rent, breaking the terms of the lease, criminal activity, unauthorised subletting, and refusing lawful entry to the landlord. No-fault evictions, on the other hand, are not the tenant's fault, such as when the landlord wishes to move into the property themselves or plans to renovate or demolish the building.
In addition to protections against eviction, the Tenant Protection Act of 2019 also includes rent caps. It limits annual rent increases to no more than 5% plus the local CPI (inflation rate), or 10%, whichever is lower. This applies to all rent increases from March 15, 2019, onwards, with the rent on January 1, 2020, being the rent as of March 15, 2019, plus the maximum permissible increase. If a landlord charges rent in excess of the maximum allowed, they may be liable for damages and penalties of up to three times the amount of overpayment.
To evict a tenant, landlords must first provide a written notice stating the reason for eviction. Only the Sheriff, Marshal, or their deputies may carry out the eviction, and only with a court order. Unlawful lockouts, such as changing locks or shutting off utilities, are serious offences and can result in legal consequences for landlords. Tenants who believe their rights under the Tenant Protection Act have been violated can file a Report of Excessive Rent Increase with the Rent Board, although they may need to seek legal advice or contact a tenant advocacy organisation for further assistance.
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At-fault vs no-fault evictions
In California, eviction cases generally fall into two categories: at-fault just cause evictions and no-fault just cause evictions.
At-Fault Just Cause Evictions
At-fault evictions are based on a breach of the rental agreement by the tenant. Examples include changing locks, bringing in additional occupants, making alterations, and committing parking violations, all without the landlord's permission. Other at-fault reasons include not paying rent, criminal activity, subletting without permission, and denying the landlord entry when they have a legal right to enter. For at-fault evictions, landlords are not required to pay tenants any compensation.
No-Fault Just Cause Evictions
No-fault evictions are not based on any wrongdoing by the tenant but rather on the actions of the landlord. For example, a landlord may want to move into the unit themselves, renovate, or comply with a government order. No-fault evictions often require landlords to pay tenants substantial amounts, sometimes exceeding $20,000.
It is important to note that landlords in California must have a valid reason to evict tenants, and they cannot use self-help methods such as changing locks or removing tenants' belongings to force them out. Tenants facing eviction are advised to seek legal aid and representation, as it can significantly impact the outcome of their case.
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Unlawful detainer lawsuits
In California, a landlord cannot evict a tenant without "just cause". The Tenant Protection Act of 2019 (AB 1482) requires landlords to have a valid reason to evict tenants, so long as the renter has lived in the rental housing for at least 12 months. This is called "just cause" protection for eviction.
Valid reasons for eviction include:
- Not paying rent
- Breaking a material rule in the lease or rental agreement
- Criminal activity at the rental property
- Subletting if the lease does not allow it
- Refusing to sign a new lease, if the new lease offers similar terms to the old one
- Denying the landlord entry to the property, if the landlord has a legal right to enter
If a tenant has not vacated the property or paid their rent by the end of the notice period, the landlord may file an unlawful detainer. Unlawful detainer lawsuits, more commonly known as evictions, are used when a landlord wants to get tenants out of a rental property, either commercial or residential. The landlord must first serve the tenant with a notice and then file a lawsuit. If the tenant does not file an answer to the unlawful detainer within five calendar days, excluding judicial holidays, the landlord may file for a default judgment. If the tenant responds within ten business days, the landlord typically sets the case for trial, and a Mandatory Settlement Conference will be scheduled. This conference gives both parties the opportunity to resolve their lawsuit without a trial. If the landlord wins the case, the tenant will need to move out (and possibly pay the landlord). Only a sheriff or marshal, or their deputies, may evict a tenant, and only with a court order.
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Notice to Quit
In California, a landlord can only evict a tenant for specific reasons, and they must follow the legal process. A tenant's incarceration is not one of the listed reasons for eviction, but their absence may lead to a breach of the lease agreement, which could be grounds for eviction.
A Notice to Quit is a written warning from a landlord informing the tenant that they must move out by a specific deadline. This notice is the first step in the eviction process and is required by law before a landlord can file an eviction lawsuit. The length of the notice period depends on the tenant's length of stay and the type of tenancy.
If a tenant has lived in the rental property for less than a year, the landlord must provide a 30-day Notice to Quit. If the tenant has resided there for a year or more, a 60-day Notice to Quit is required. These notices apply to month-to-month tenancies and must be in writing.
In some cases, a landlord may issue a 3-day Notice to Quit if the tenant has seriously violated the lease agreement. This could include causing a nuisance, engaging in illegal activities, negatively affecting the health and safety of others, or causing significant damage to the property.
It's important to note that tenants have rights and protections under California law. Landlords cannot evict tenants without a valid reason, and they must follow the proper legal procedures. If a tenant receives a Notice to Quit, they should seek legal advice and understand their rights.
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Criminal activity on the premises
In California, landlords are prohibited from evicting tenants without "just cause". This means that landlords must have a valid reason to evict a tenant, and criminal activity on the premises is one such reason.
To ensure they are complying with the law, landlords should consult with an attorney before evicting a tenant for criminal activity. Criminal activity includes drug dealing, heavy traffic in and out of the rental premises, and strangers loitering on or around the property. Landlords should include an explicit provision in the lease or rental agreement prohibiting such behaviour. They should also respond promptly to any complaints about criminal activity.
Landlords are required to take reasonable precautions to protect tenants from criminal activity, warn tenants of known risks, and take measures to protect their neighbourhood from illegal activities committed by tenants. This includes meeting or exceeding all state and local security laws, such as requirements for deadbolt locks on doors, good lighting, and window locks. Landlords should also pay attention to local crime statistics and design a security system that provides reasonable protection for tenants.
If a landlord fails to take these precautions and a crime occurs, they could be found civilly liable to an injured tenant or guest. However, landlords are not automatically responsible for any crime that happens on their property. They are more likely to be held liable when a similar crime has occurred on or near the property in the past, or when they have promised but failed to deliver a secure property.
To evict a tenant, a landlord must 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 personal property to force a tenant out of their home. These "`self-help` evictions" are serious offences and can result in major legal consequences.
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Frequently asked questions
Landlords in California must have a valid reason to evict a tenant, and the tenant must be given a written notice before the eviction. If the tenant is in jail, they may not be able to respond to the notice, and the landlord can file papers asking a judge to decide the case without their input. Therefore, it is possible for a landlord to evict a tenant who is in jail, as long as the landlord follows the legal process and has a valid reason for the eviction.
There are two types of valid reasons for eviction in California: "at-fault" and "no-fault". "At-fault" reasons include non-payment of rent, breaking the lease agreement, criminal activity, and subletting without permission. "No-fault" reasons are independent of the tenant's behaviour, such as when the landlord or their family members need to move into the unit.
Firstly, the landlord must give the tenant a written notice stating the reason for the eviction and a deadline to fix the issue or move out. If the tenant does not respond by the deadline, the landlord can file an eviction lawsuit ("unlawful detainer"). If the tenant files a court form to give their side of the story, a trial date can be set. If not, the landlord can ask a judge to decide without a trial. If the landlord wins the case, they can ask the judge for an eviction order, which will be carried out by the Sheriff or Marshal.
Tenants in California have certain protections under the Tenant Protection Act of 2019. This Act requires landlords to have a valid reason for eviction and follow the legal process. Tenants have the right to receive a written notice before the eviction and to respond to this notice. They can also file a court form to give their side of the story and request a trial. If tenants are unlawfully evicted, they can take legal action against the landlord.
