When Do You Need Cause to Evict?
In Part 1, we covered what “for cause” means, the types of conduct this series addresses, and how many properties are affected by AB 1482. From here, each email in the series addresses key aspects (often extremely nuanced details) that can dramatically shape the success of a conduct-based for-cause eviction case.
But before we get into those details, it’s important to understand why these matters should be handled by an attorney. The nuances we’ll cover throughout this series are exactly the reason. And while our goal is to help you understand how the process works and how you can play an active role in making your cases stronger and more efficient, the examples below should make it clear why having legal counsel involved from the start makes a difference.
Why These Should Be Handled by Your Attorney
Conduct-based evictions depend on getting the details right. Not just the facts of the violation, but the notices, the procedure, and the timing. When property managers handle these on their own, things go wrong more often than you might expect.
The notices themselves are highly technical.
There is a correct way to format them, cite the right lease provisions, describe the conduct, and specify what the tenant needs to do to correct the violation. We see invalid notices regularly. One of the most common mistakes on perform-or-quit forms is that the manager fails to adequately describe how the resident must cure the violation, or simply refers to a portion of the lease without including the actual lease language.
But there’s a bigger problem than formatting. Sometimes a manager serves an adequate notice but chooses the wrong type of notice, which works against the landlord.
For example, a violent assault occurs on the property. The manager reacts immediately and serves a three-day notice to perform or quit. The legal effect of that notice is that if the tenant does not commit a new violation of the same lease provision during the three-day period, the tenancy is considered back in compliance.
There is a technical argument that the landlord has now lost legal recourse for the original incident. The urgency to act quickly led to a choice that made the situation harder to resolve, not easier.
There is also a practical difference when a notice or letter comes from an attorney’s office rather than from the property manager. It is detailed, precise, on letterhead, and it carries a different weight.
Finally, repeated warnings without follow-through create their own problem. Tenants learn what they can get away with and push further. When we get involved early, there is often an opportunity to address the conduct and get the tenancy back on track before court becomes the only option.
Understanding how these protections work is the first step toward working more effectively with your attorney. That’s what the rest of this series is for.
Which Properties Require Just Cause?
Most residential rental properties in California are covered. If the parcel has two or more units, just cause requirements almost certainly apply. This includes ADUs and condominiums.
Properties already regulated by a local just cause ordinance enacted before September 1, 2019, follow that local ordinance instead, which is usually more stringent. Sacramento’s city ordinance, for example, is structurally similar to AB 1482 but has its own nuanced requirements. And “City of Sacramento” means the city proper, not just a mailing address in Sacramento. Other cities may have their own rules as well.
Which Properties Are Exempt?
Not every rental property is subject to AB 1482. Here are the primary exemptions.
New construction. Properties with a certificate of occupancy issued within the last 15 years. This is a rolling window. A property that was exempt when AB 1482 took effect in 2020 will age into coverage over time.
Certain single-family homes and condominiums. These must meet two conditions.
- First, the property cannot be owned by a corporation, a real estate investment trust, or an LLC with a corporate member.
- Second, the tenant must have been provided the specific written exemption notice using the exact language required by the statute.
As we covered in Part 1, for any tenancy that starts or is renewed on or after July 1, 2020, that notice must be either incorporated into or part of the lease agreement. Both numbered conditions above must be met. Miss one, and the exemption does not apply.
Owner-occupied duplexes. The owner must occupy one of the two units as their principal residence for the duration of the tenancy (meaning they’ve occupied it from the beginning and they continue to occupy it).
Affordable housing. This includes properties subject to federal subsidies, such as the Low-Income Housing Tax Credit program. These communities have their own “for cause” standards, which we will touch on later in this series.
Other exemptions. AB 1482 defines additional types of exempt property, including certain dormitories. This list is not exhaustive, and specific situations may require a closer look.
When Do Just Cause Protections Apply to a Tenant?
As we noted in Part 1, AB 1482’s just cause protections do not apply until a tenant has occupied the unit for more than 12 months. But the precision of how you structure your lease terms around that threshold matters more than most managers realize.
Here’s an example.
A lease term that runs from February 3, 2026, to February 3, 2027, covers one year and one day. That means the tenant is already protected by just cause before the lease term even expires. A lease that ends at or before the 12-month mark preserves the landlord’s option for non-renewal. This is one of the most common precision errors we see, and it’s entirely avoidable.
And there are many more – like the 24-month threshold. When additional occupants are added to the lease, the timeline changes. Just cause protections kick in once any single tenant has occupied the unit for 24 months, or once all tenants have occupied for 12 months, whichever comes first.
What Does This Mean for You?
For most covered properties, once a tenant reaches the occupancy threshold, you cannot terminate the tenancy or decline to renew a lease without a valid, recognized reason. That’s the practical reality of just cause. It changes how you plan, how you document, and when you engage legal counsel.
In Part 3, we will cover how to prepare for a conduct-based eviction, such as what to document, when witnesses matter, and how to build a clean file for your attorney.
