THE BAY AREA'S AUTHORITY ON UNLAWFUL DETAINERS &
JUST CAUSE EVICTIONS
When the landlord-tenant relationship reaches a dead end, eviction often becomes a challenging and thankless, but necessary task for landlords. Laws at both the state and local level dictate the permissible grounds to terminate a tenancy.
The most common that allow landlords to evict are:
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the failure to pay rent
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damaging the rental unit
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nuisances that interfere with other tenants
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using the rental property for an unlawful purpose such as selling drugs
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a tenant’s refusal to allow the owner into the apartment after being given proper notice
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the tenant’s refusal to correct any number of lease provisions after being afforded a cure-or-quit notice.
This list is of enumerated reason is not all-inclusive.A growing chorus of Bay Area cities have implemented “just cause” eviction rules that prohibit landlords from removing tenants without a carved out exception, a “just cause”, and these grounds may differ by municipality.
This list is of enumerated reason is not all-inclusive.
A growing chorus of Bay Area cities have implemented “just cause” eviction rules that prohibit landlords from removing tenants without a carved out exception, a “just cause”, and these grounds may differ by municipality.
Although the limited causes to evict will vary from city to city, determining those grounds is the easy part. The procedural requirements and framework to actually prove that the tenant violated the lease is when things get technical.
At Bornstein Law, we have always dissuaded our clients from wishful thinking and hoping a problem will resolve itself on it's own. When a tenant is violating the lease terms, it is best to take proactive action and address the underlying behavior at the outset, rather than letting the issue escalate.
More Information & Resources
The Eviction Process (PDF)
Oakland Eviction Control Reference Sheet (PDF)
San Francisco Rent Control Reference Sheet (PDF)
From our blog: Habitability Issues Can Tank a Just Cause Eviction Action
More from the blog: Wrongful Eviction Insurance To Protect Against Tenant Lawsuits
Related Practice Page: Unlawful Detainer Actions
Other Landlord-Tenant Topics
Tenant Buyout Agreements
Security Deposits
Rent Control
Owner Move-In Evicitons
Unlawful Detainers
Just Cause Eviction
Airbnb & Short Term Rental Agreements
Tenant Abandonment
Rent Board Appearances
Tenant Hoarding
Marijuana in Rental Units
