Just cause eviction in California: when a landlord can end your tenancy

Who is protected

Just cause protection generally applies after all tenants have continuously and lawfully occupied the unit for 12 months. If an additional adult tenant joined before the original tenants reached 24 months, the protection may depend on the original tenants' occupancy. The exemptions are similar to those for the rent cap, including housing built within the last 15 years and single-family homes or condos owned by individuals that gave the required written exemption notice. A unit that is exempt from the state law may still be covered by a local ordinance.

If you are not sure whether your home is covered, collect your lease, the start date of your tenancy and any exemption language, and ask an attorney or your local housing department.

At-fault just causes

At-fault causes are based on what the tenant did. The law lists, among others, failure to pay rent, a material breach of the lease, a nuisance, criminal activity on the property or directed at the owner, refusal to allow lawful entry and refusal to sign a lease renewal with similar terms. For violations that can be corrected, the landlord must first give a notice to cure and a chance to fix the problem before serving a 3-day notice to quit.

The termination notice must state the just cause. A vague notice, or one based on a cause that does not fit the facts, can be challenged in court.

No-fault just causes and relocation assistance

No-fault causes include the owner or certain family members moving in, withdrawing the unit from the rental market, complying with a government order, and demolishing or substantially remodeling the unit. Recent amendments tightened these grounds. An owner move-in generally requires the owner or relative to move in within a set time and live there for a minimum period, and a substantial remodel generally requires permits and work that cannot reasonably be done with the tenant in place.

For a no-fault termination, the landlord must either pay relocation assistance equal to one month's rent within 15 days of serving the notice, or waive the final month's rent in writing. The notice must tell you about this right. Some cities require higher payments.

• Check that the notice names a specific just cause.
• For a no-fault cause, check how relocation assistance will be paid or waived.
• Compare the notice with any stricter rules in your city or county.

Notice periods and what happens if you stay

Even with a just cause, a month-to-month tenancy must be ended with proper written notice. Under Civil Code section 1946.1, that is generally 30 days if you have lived in the unit for less than a year and 60 days if you have lived there for a year or more. At-fault notices for unpaid rent or uncured violations follow the shorter 3-day rules.

A termination notice is not a court order. If you stay past the date in the notice, the landlord must file an unlawful detainer case and win it before you can be removed. If you receive court papers, respond on time and raise any just cause or notice defense in your Answer.