CORRESPONDENCE - 85B - Laserfiche WebLink

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1. Non -Payment of Rent; 2. Material Violation of the Rental/Lease Agreement; 3. Substantial Damage to the Rental Unit; 4. Nuisance; 5. Criminal/Unlawful Activity; 6. Refusing Access to the Unit; 7. Refusal to Agree to a New Rental/Lease Agreement with Substantially Similar Terms; 8. Substantial Rehabilitation of the Unit; 9. Owner Move -In; 10. Demolition; 11. Withdrawal of all the Rental Units on the Parcel from the Rental Market (Ellis Act). C. Restrictions on the Permissible Reasons for Eviction The above listed most -common permissible reasons for eviction appear on their face to be broadly applicable. However, the provisions of the individual just cause eviction ordinances typically narrowly define or otherwise restrict an owner's ability to invoke a permissible ground to complete an eviction. The most common restrictions on the permissible reasons for eviction are discussed below. D. Prior Written Warning Just cause eviction ordinances usually require that a tenant be given a prior written warning (often referred to as a "written notice to cease") before a tenant's violation of the lease or other offending conduct, such as damaging the property or refusing access to the unit, may serve as the basis for eviction. For certain types of conduct, the warning requirement may also require the landlord to offer the tenant additional ways to avoid eviction despite their bad conduct. For example, the just cause eviction ordinance in Oakland states that a landlord may only evict a tenant who willfully and substantially damages the rental unit after: (1) the tenant has been given a written notice to cease, and (2) the tenant has refused to cease damaging the premises or has refused to either make satisfactory correction or to pay the reasonable costs of repairing such damage "over a reasonable period of time." In effect, this provision means that a landlord is required to offer a tenant a payment plan to pay for repairs to correct damage that the tenant willfully caused and so long as the tenant agrees to the payment plan and to not willfully damage the property again, the landlord cannot evict. E. Certain Breaches of the Lease Excluded Though breach of the lease by the tenant is listed as a permissible reason for eviction in just cause eviction ordinances, the landlord's ability to evict for certain types of breaches is curtailed by many just cause ordinances. The most common limitation relates to the landlord's ability to control who may live in the unit. There are different variations on this type of restriction. The most common provisions provide that a landlord cannot evict a tenant for violating a lease provision against subleasing if: (1) the tenant continues to reside in the unit, (2) the sub -lessee is replacing a departed roommate on a one-to-one basis, and (3) the landlord has "unreasonably withheld" the right to sublease. Some ordinances provide that a landlord may not deny permission to sublease based on the proposed sub -lessee's lack of creditworthiness. It is also becoming increasingly common for just cause eviction ordinances to prohibit a landlord from evicting a tenant who has allowed specified family members (including children, parents, grandchildren, grandparents, siblings, and spouses or domestic partners of such family members) to occupy the unit, despite any limitations in the lease on the number of occupants or requirements that new occupants must first apply and be approved. California Apartment Association www.caanet.arg Revised 0512017— © 2017— All Rights Reserved I� Page 2