What’s Changed and Why It Matters
If you manage rental property in California, and you’ve been at it a while, you know that removing a problem tenant isn’t what it used to be.
That’s why we’ve put together our “For Cause” email series. This email is Part 1 of For Cause, a five-part series on what you need to know about conduct-based evictions. So, what does that mean, exactly, that we’re focusing on for-cause conduct-based evictions?
Well, we’re not discussing cases like nonpayment of rent. We’re addressing cases involving tenants like those whose behavior disrupts the community, violates the lease, or damages the property. And over the coming weeks, we will walk through what these cases involve, how to prepare for them, and what to expect if one goes to court.
What follows will give you some perspective, a big-picture overview of what we’ll cover.
Why This Matters Now
Before AB 1482 took effect, landlords and managers could remove problem tenants with a 60-day no-cause notice. The reasons didn’t matter, as long as the motivation wasn’t discriminatory or retaliatory. Now that AB 1482 is in effect, issuing those no-cause notices is no longer an option for most California rental properties.
But we still have the same conduct and behavior problems, right? There will always be residents who disrupt communities, ignore lease terms, and create ongoing issues for ownership and neighbors. So, that situation hasn’t changed. What has changed, though, is how you must deal with them. Now you need just cause to terminate a tenancy, and you need to be ready and able to prove it.
As legislation changes, that shift is reflected in our practice. Last year, Mehigan Law handled more than 300 conduct-based eviction cases. This number has grown significantly since 2020, largely due to the change in the law.
A quick note on terminology: “just cause” v. “for cause”
You’ll see throughout this series that “just cause” is the umbrella requirement (category) under AB 1482. It means you need a valid, recognized reason to end a tenancy.
“For cause” is how most of us in the industry refer to the subcategory in which the tenant is at fault.
However, there can be a “just cause” that isn’t the tenant’s fault. Therefore, in legal terms, when the fault belongs to the tenant, it’s called “at-fault just cause.” When we say “for cause” in this series, that’s what we mean.
“For cause” is “at-fault just cause,” which means the tenant is at fault.
What Kinds of Conduct Are We Talking About?
Most evictions are typically “for cause,” including nonpayment. This series focuses specifically on tenant conduct and lease violations beyond rent issues. A tenant can have good conduct, but not pay rent.
These issues tend to fall into three legal categories: lease violations, nuisance, and waste. These three are distinct, but in practice, a single situation often involves more than one. Regardless, a strong, thorough lease is the foundation for addressing most of them.
These are the usual suspects:
- Unauthorized occupants
- Disturbances
- Housekeeping violations
- Failure to pay utilities or other non-rent obligations
- Denying access to the unit
- Failure to prepare for pest service
- Objectionable conduct directed at others on the property
- Nuisance (a high legal standard, and grounds for immediate termination)
- Criminal activity
- Waste (also a high legal standard, and grounds for immediate termination)
- Unauthorized subletting (requires a lease provision and is legally distinct from unauthorized occupants)
We will get into each of these more deeply as the series continues.
How Many Properties Does “Just Cause” Affect?
More than most people realize.
California has nearly 15 million housing units. Approximately 44% of California households are renters, one of the highest rates in the country. The vast majority of those rental properties are now subject to AB 1482’s just cause eviction requirements. Exemptions exist for newer construction (a certificate of occupancy issued within the last 15 years), certain owner-occupied properties, communities already covered by stricter local ordinances, and federally subsidized communities (such as the Low-Income Housing Tax Credit program), but the impact is broad.
Three details worth noting here.
- AB 1482’s just cause protections do not apply to a tenant until they have occupied the unit for more than 12 months. That means one year and a day. This is a precision issue, and it matters. The significance of this will be discussed further later in this series.
- Owners of single-family homes and condominiums that otherwise qualify for an AB 1482 exemption must provide tenants with a specific written notice stating that the property is exempt from just cause, using the exact language required by the statute.
- For any tenancy that starts or is renewed on or after July 1, 2020, the notice must be included in the lease agreement. If it is not there, the exemption does not apply, regardless of whether the property would otherwise qualify.
What’s Ahead in This Series
Part 2: Which properties require just cause, and when those protections apply to your tenants
Part 3: How to prepare for a conduct-based eviction, from documentation and witnesses, to building a clean file for your attorney
Part 4: Notice options and legal remedies, including how to determine the right path forward
Part 5: What happens when a conduct-based case goes to court
