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Sunday, January 12, 2020

Just Cause Eviction

What You Should Know

Landlords may only evict for “just cause.” There is a list of 15 reasons. The just cause reasons are divided into two categories:
1. “At fault” termination of tenancy is generally based upon a tenant’s breach of the lease, among other reasons, and does not require the payment of relocation assistance.“At fault” reasons include non-payment of rent, nuisance, criminal activity, refusal to allow entry, and breach of a material term of the lease
2. “No fault” termination of tenancy is allowed when the tenant has not breached the lease and will require the landlord to pay one month’s rent in relocation assistance. “No fault” reasons include owner occupancy, withdrawal from the rental market, substantial remodeling and compliance with government order to vacate the property. 

Just cause eviction only applies to tenants who have been continuously and lawfully occupying the property for 12 months. 

At Fault:
1. Non-payment of rent
2. A breach of a material term of the lease after being given notice to correct the violation
3. Nuisance
4. Using the property for an unlawful purpose
5. Criminal activity on the property or common areas or criminal threats against the owner or agent on or off the property
6. Refusal to allow entry
7. “Waste” – meaning damage to the property.
8. Assigning or subletting the property in violation of the lease
9. The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal for an additional term of similar duration with similar provisions, provided that those terms do not violate the just cause law or any other law.
10. Failure of an employee or agent to vacate after termination of employment
11. When the tenant fails to vacate after providing the owner with their own termination notice or after an agreed upon surrender.

No Fault:
1. “No fault” evictions are allowed when the tenant has not breached the lease and will require the landlord to pay one month’s rent in relocation assistance. “No fault” reasons include:
2. “Owner occupancy” where the owner, or the spouse, domestic partner, children, grandchildren, parents or grandparents of the owner, decide to occupy the property, assuming there is a lease provision permitting it.
3. Withdrawal from the rental market
4. Substantial remodeling or demolition of the property
5. Compliance with a government order to vacate the property

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