California Eviction Laws: At-Fault vs. No-Fault & Just Cause (2024)

Mar 4, 2024

Welcome to SNS Law Group. In this video,Attorney Edrin Shamtob, a licensed California attorney with over a decade of experience in real estate law, discusses the two main categories that eviction cases in California generally fall into:at-fault just cause eviction and no-fault just cause eviction.

At-Fault Just Cause Eviction: This type of eviction is based on something the tenant has done wrong that amounts to a breach of the rental agreement. Common examples include changing locks on their units, bringing in additional occupants, making alterations, and committing parking violations, all without the landlord’s permission.

No-Fault Just Cause Eviction: This type of eviction is not based on the tenant doing something wrong, but rather on the actions of the landlord. For instance, if the landlord wants to get possession of the unit back to move in personally, to renovate or remodel the unit, or to comply with a government order.

The differences between an at-fault just cause eviction and a no-fault just cause eviction can have significant financial implications. For an at-fault eviction, there is no requirement to pay the tenant anything. However, landlords are required to pay tenants substantial amounts of money for a no-fault eviction, sometimes exceeding $20,000.

If you’re dealing with a California eviction case and need guidance on whether your case falls under at-fault or no-fault just cause eviction, or if you’re preparing for aCalifornia eviction trial, please contact us to schedule a consultation. We specialize in eviction laws in California and can guide you through the process of serving a notice to quit and understanding your rental agreement, whether it’s a California month-to-month rental agreement or otherwise.

Remember to follow, like, and subscribe for more informative videos on eviction laws in California. Thank you for watching, and we look forward to assisting you with your legal needs.

Transcript:

Eviction cases in California generally fall into two separate categories. Each option has a different approach and requirement. Do you know which category your eviction lawsuit falls into? If not, you could be wasting a significant amount of money and resources going in the wrong direction.

Hi, my name is Edrin Shamtob and I’m a licensed California attorney with more than a decade of experience of real estate law. If you like what you learn on this video, please take a moment to like, share and follow.

Evictions in Los Angeles: At-Fault vs No-Fault

So what are those two categories? Well, they generally fall into an at-fault, just cause eviction or no-fault, just cause eviction. At-fault evictions are based on something your pesky tenant has done wrong, that amounts to a breach of the rental agreement.

At-Fault Evictions

For instance, we often see tenants who change locks on their units. They bring in additional occupants. They make alterations. They commit parking violations, just to name a few. And of course, they’re doing all of this without your permission. Those would amount to what’s called the just causeat-fault eviction.

No-Fault Evictions

No-fault reasons on the other hand, are evictions that are not based on the tenant doing something wrong. They are based on the actions of you as a landlord.

For instance, if you want to get possession of your unit back, to move in personally, to renovate or remodel your unit, or to comply with a government order.

Costs For At-Fault Evictions Vs No-Fault Evictions

What’s the big deal in terms of the differences between the two options? Well, the differences between an at-fault, just cause eviction and a no-fault, just cause eviction makes a big difference. Specifically for your wallet.

There is no requirement to pay your tenant anything for an at-fault eviction. On the other hand, landlords are required to pay tenants substantial amounts of money for a no-fault eviction, sometimes exceeding $20,000.

Contact SNS Law Group For Eviction Cases In Los Angeles

Thejust cause eviction stepsare a complex web of requirements, and if you find yourself in need of direction, give us a call at (424) 220-2052 to discuss your available options.

California Eviction Laws: At-Fault vs. No-Fault & Just Cause (2024)

FAQs

California Eviction Laws: At-Fault vs. No-Fault & Just Cause? ›

“At-fault” just cause: Evictions based on the tenant's actions, such as non-payment of rent, violation of lease terms, or causing a nuisance. “No-fault” just cause: Evictions unrelated to the tenant's behavior, such as the landlord moving in, substantial renovations, or removing the property from the rental market.

What are no fault reasons to evict a tenant in California? ›

No fault evictions include:
  • Owner move-in.
  • Substantial rehabilitation or remodel.
  • Intent to demolish the unit.
  • Withdrawal of the unit from the rental market.
  • The owner complying with any of the following: An order issued by a government agency or court relating to habitability that requires the tenant to leave.

What is the new law for eviction in California? ›

Set to take effect on April 1, 2024, the law will require landlords to have just cause to terminate tenancy after a tenant has been placed in the unit for 12 months. Read along to see what tenants and landlords should know about this new legislation.

What are the exemptions for just cause eviction in California? ›

Rent Control Exempted Properties (Civil Code 1947.2): The following properties are exempt from the Rent Control law requirements:
  • Low-income housing.
  • Dormitories.
  • Housing subject to a local rent control ordinance.
  • Housing that has been issued a certificate of occupancy within the previous 15 years.

What is the no-fault eviction law in California in 2024? ›

At a glance: What a landlord cannot do in California in 2024

No-fault evictions are prohibited, so landlords can't evict a tenant without cause. If a landlord ends a tenancy agreement to move back into the home, it can't be put back on the rental market within 12 months.

What is an at fault just cause eviction in California? ›

Some of the “at-fault” reasons listed in the law are: Not paying your rent. Breaking a material rule in your lease or rental agreement. Criminal activity at the rental housing.

What is a no-fault just cause termination in California? ›

No-fault, just-cause California evictions involve several different reasons that allow a landlord to terminate a lease, including: The owner is moving back into the rental property. The owner is moving a family member or relative into the rental property. The owner is taking the property off the rental market.

What is the new tenant law in California 2024? ›

Rent cannot be raised over any 12-month period more than the rate of inflation (Consumer Price Index or “CPI”—www.tenantprotections.org/calculator) + 5%. In no case can it be more than 10%. Rent can only be raised twice within any given 12-month period. California law limits the reasons why a renter can be evicted.

What is the 3x rent rule in California? ›

How does new California law limit security deposit costs? The new law prevents most landlords from charging renters two to three times the amount of monthly rent as a security deposit. Instead, property owners can only charge tenants a security deposit that's equivalent to one month's rent.

What is just cause under the California tenant Protection Act? ›

What types of evictions are allowed under the TPA? A tenant can only be evicted for “just cause.” Just cause means certain specified situations, listed in Civil Code section 1946.2, where the tenant is at fault, such as when the tenant did not pay rent or violated a material term of their lease.

What is the difference between at fault and no-fault just cause? ›

“At-fault” just cause: Evictions based on the tenant's actions, such as non-payment of rent, violation of lease terms, or causing a nuisance. “No-fault” just cause: Evictions unrelated to the tenant's behavior, such as the landlord moving in, substantial renovations, or removing the property from the rental market.

What is a no-fault just cause? ›

No-Fault Just Cause Eviction: This type of eviction is not based on the tenant doing something wrong, but rather on the actions of the landlord. For instance, if the landlord wants to get possession of the unit back to move in personally, to renovate or remodel the unit, or to comply with a government order.

What is an illegal eviction in California? ›

California prohibits landlords from taking any steps to remove a tenant from a rental that aren't explicitly allowed by law. Namely, a landlord can't force a tenant out by: interrupting or cutting utilities. changing the lock or barring entry.

What is the no fault eviction law in California? ›

No Fault Eviction in California

No fault evictions allow landlords to evict tenants even if they have not broken any rules. Reasons can include owner move-ins, demolitions, or renovations. Tenants may have little power to prevent no fault evictions.

What is a 60-day no fault eviction in California? ›

For no-fault evictions (like the landlord moving into the unit) a written 60-day notice to vacate is required. This must state the reason for the termination. For at-fault evictions due to lease violations, nonpayment of rent, etc., a 3-day notice to pay rent or quit/vacate is required.

What constitutes a nuisance for eviction in California? ›

Under California law, a nuisance is defined as anything that interferes with the comfort and enjoyment of the landlord or other tenants on the property. Nuisance behavior can include loud music late at night, a barking dog, or other illegal activity such as the use or sale of illegal drugs.

Can a tenant be evicted for no reason in California? ›

Landlords in California can terminate a month-to-month tenancy without specifying a reason, but they must provide proper notice. This is often referred to as a “no-fault” eviction. However, specific rules and notice periods apply, and landlords cannot use this option for retaliatory or discriminatory reasons.

What is considered an illegal eviction in California? ›

Remove a tenant's personal property from the rental unit. Cut off utilities with the intent to deny the tenant use of the premises. Use theft, fraud, or extortion. Use, or threaten to use, force, threats, or menacing conduct that interferes with the tenant's right to quiet enjoyment of the premises.

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