AB1481 - Tenancy Termination: Just Cause

AB1481 - Tenancy Termination: Just Cause

Member since 2018 · 72 posts · 46 votes

AB1481 Text

I'm hoping that someone well versed in California law can read this and answer a basic question for me.  The first line of the Legislative Counsel's Digest includes the following: Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate.  Soon after that text is the following: This bill would, with certain exceptions, prohibit a lessor of residential property from terminating the lease without just cause, as defined, stated in the written notice to terminate.

The remedy to the tenant for a no-fault eviction would require the landlord to pay 2-3 months of rent back to the tenant.

My question is this: If I have a month-to-month tenant, and I give him/her the proper notice of the termination of the contract, is that considered a no-fault eviction?  Or is the term "eviction" reserved solely for a judgement provided by the court?

Thanks,

Ryan

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  • Rental Property Investor · Oakland, CA · Member since 2016 · 25 posts · 11 votes
    7y

    Hey Ryan, not sure where you live. But in Oakland and San Francisco, which have some of the most draconian rent control laws, no-fault basically means the tenant didn't violate one of about 8 reasons that a landlord is allowed to terminate. The main one is failure to pay rent. But also there are others such as damaging the unit, causing a nuisance, etc. But if you are terminating because you want to move in, or you just don't like them anymore, or you want to fix up the place, those are all no-fault. In that case, yes, you will need to pay the tenant.

    I'm actually hoping this law goes into effect because as of today CAR negotiated it down to just one month maximum payment. Which means, now I'm assuming state law still supersedes city law, that instead of having to pay 10-20x months rent to get someone out for no-fault eviction, it's now only 1 month.

    Yes, it really does cost $8000 minimum in Oakland to get someone out, and in SF it very quickly goes to many 10s of thousands. Having to pay a tenant $200k plus is not unheard of there.

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