Just cause eviction laws impact some, but not all, of the rental properties in Modesto and throughout California. There are a lot of things that can impact any eviction, particularly a just cause eviction. There are a few points that you really need to think about when you have decided to terminate a tenancy.
Terminating a Tenancy
The properties that are impacted by just cause evictions are those that are multi-family properties and those owned by limited liability corporations that also have a corporate member. It also impacts real estate investment trusts. That means that as a property owner, you can no longer issue a 30-day notice or a 60-day notice to terminate. Instead, you’ll need to have one of these two reasons to terminate a tenancy:
- No Fault Notice
- Tenant Fault Notice
No Fault Notice
No Fault Notices are given to tenants that are currently living in a property and have lived there for longer than a 12-month period. This type of termination is going to occur when the owner either wants to demolish the property, substantially change the property, or the owner himself wants to move back into the property.
When we say owner, we are also talking about parties that might include the owner’s children, parents, or spouse. This is considered a no-fault eviction, and you can give the tenant the notice and ultimately get your property back.
However, when you give the tenant a notice to vacate the property, please know that you do have to give them a payment, which is considered a relocation fee. The relocation fee is equal to one month of rent. We recommend that you notify your tenants 15 days before the last month’s rent is due, and then you can waive the last month of rent. You must notify the tenant that you are doing that, and you must put your intentions in writing for it to be valid. Otherwise, the tenant could come back and say that you are evicting them without cause. So, make sure you notify the tenant 15 days before the last month of rent is due, and then waive the last month’s rent to cover your obligation of paying the relocation fee.
Tenant Fault Notice
Tenant Fault Notices will cover situations that require eviction due to the behavior of the tenant. If a tenant doesn’t pay rent or they violate the lease or commit a nuisance at the property, you can evict them. Another reason for this type of eviction is if the tenant fails to renew the lease or if they are sub-letting the property.
The sub-letting issue is a very important one, and you must make sure you have that as a part of your lease. It’s essential that you always know that the people living in the property. You want all residents on the lease to protect yourself and your property.
Navigating the new just cause eviction rules can be tricky. We’re happy to help you with them, so contact us at New Bridge Management.com.