Sunday, 15 Sep 2019

Dealing With No-Cause Eviction Notices

A no-cause eviction happens in California when a landlord issues a tenant a 30-, 60-, or 90-day notice of termination. There is not much the tenant can do to counter a no-cause eviction unless it is established that the landlord has given the notice in response to one thing the tenant has done to determine their rights.

Nothing in the law compels a landlord to use no-cause evictions. Some landlords and property managers make it a habit not to use them. They are aware tenants are entitled to understand the explanations behind having their residency agreements terminated. There are, of course, many ways to end a residency with cause, and landlords who are reluctant to give no reason to use those.

But many landlords do resort to no-cause evictions. There are three trends in the use of no-cause evictions:

Managing Transmutation Or Temporary Accommodation

Signing otherwise homeless people up to a ‘week-long’ fixed-term tenancy in a refuge, and turning in a 90-day termination notice as a form of an appendix to the lease. 

Managing Relocations Once Head-leases Evaporate

Using a 90-day notice of termination to finish the lease on a property that is owned by a personal landlord, rented out by a community housing program, then sublet to a social housing tenant, once the personal landlord needs the property back. This is, in theory, followed by the CHP finding another place for the sub-tenant to live.

Avoiding Scrutiny Once Attempting To Evict A Tenant

Using no-cause evictions so tenants can’t argue against the explanations behind having their residency agreements ended, or so they can’t adequately reply to any allegations made against them.

Reliance on no-cause evictions is disconcerting for some tenants under any circumstances. Take a new open and clear approach to end tenancies unless you have no alternative. You will be able to read more about California eviction laws and unlawful detainer lawsuits here: https://expressevictions.com/unlawful-detainer-california/california-eviction-laws/.

For people who are renting their unit for more than one year, landlords may end the lease if the tenant violated the contract, or for any reason at all, if the landlord gives enough notice, 30, 60 or 90 days, depending on how long the tenant has occupied the place. When you have lived in a very unit for over a year, you can be evicted without cause even if you are paying your rent on time and following the rules. The one-year amount starts after you move in.

What Happens If A Tenant Violates The Lease?

SB 608 does not modify the law on for-cause evictions. Tenants can still be evicted if they miss payments or violate the lease in any way. SB 608 solely affects evictions without cause (no-cause). Which until now might happen to anyone, for any reason or no reason. Despite how long they lived in their unit, and with little notice.

What Protections Exist For Tenants Living In Their Home For Less Than One Year?

Tenants will still get a termination notice from their landlord without cause during the first 12 months of rental their home. Landlords should provide tenants 30-day notice before terminating without cause either a month-to-month or a fixed-term lease during the first year. It relies on where you reside; however, there could also be alternative protections like relocation help or more extended notice periods.

It is additionally more annoying that currently under the residential tenancies Act 2010 than it was under the Residential Tenancies Act 1987. As a result of it, tenants did still have some hope of seeing a no-cause eviction without indeed being evicted. Then the court was needed to contemplate the circumstances of the case at the time of selecting matters of eviction and had the discretion to decide the total issue if the CHPs reasons for seeking termination were unsound.

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