What Landlords and Tenants Should Know about San Diego’s Just Cause Eviction Law
In recent months, the City of San Diego has put into place what is called the “just cause” evictions. This was done as part of their newly updated rent control laws. This means that in order to evict a tenant, a landlord must have a just cause reason.
According to Ordinance Section 37.9(a), there are 15 reasons that an eviction could take place under this new law. Here are a few of those reasons.
- That the landlord is in a situation where the rent is not being paid.
- That there is a situation of habitual late payment of rent.
- If there is a breach of a rental lease.
- Either the Owner or a member of the landlord requires immediate occupancy.
- To perform capital renovations and improvements. For this to apply these changes, have to make the unit uninhabitable while they are being done.
- In order to achieve substantial rehabilitation of the building in question. This building must be at least 50 years old. The proposed renovations must also be below 75% of the cost of new construction.
- If the tenant has become a nuisance or substantial interference with either the landlord or other tenants.
- If the landlord is going to demolish or permanently remove a rental unit from housing use.
Did You Know?
There are several situations when a landlord is legally allowed to work around the “just cause” rules and still have grounds to evict a tenant in the San Diego rental market.
If the Tenant Refuses to Renew their Leasing Agreement with the Same Stipulations and Terms
Once the lease or rental agreement expires, the landlord can provide the tenant an option to renew the lease that outlines the same stipulations and terms as the one that just expired. If they refuse to renew this lease, the landlord is allowed to not release the property to them. It should be noted that the same rule applies should the terms and stipulations change.
This is due to the fact that the contract has primarily come to an end and expired. If the tenant refuses to comply with either the same or the new stipulations in the agreement, then the landlord has no obligation to rent to them.
Refusal of Entry
If a tenant refuses entry to the landlord after a proper request for maintenance and standard health and safety checks are made they risk being evicted. This request must be related to making repairs, a habitability inspection, or any other type of routine check listed in the lease agreement.
The Apartments in Question are being Converted or Remodeled
A landlord has justification for eviction if they have started the process to convert their apartment units into condominiums. For this to happen, the owners of the property would have to provide evidence that this process has taken begun. This can be through an application or receipt of the required permits.
Landlords can also evict a tenant if they plan on remodeling their unit a substantial amount. Much like the previous situation the landlord needs to provide proof that the remodeling progress has begun. This is generally done in the form of permits from the City of San Diego.