Embedded Files
If a tenant has been living in their residence for over 2 years, then the only way to forcibly evict them, other than for non-payment of rent which follows RENT COLLECTION AND EVICTIONS is to give a "JUST CAUSE" eviction. Section 8 tenants are excluded from this rule.
You also have to offer the tenant upon expiration of the lease, another lease of like terms, except you can charge more rent. This means you may have an issue of deciding to say, for instance “no pets” on the renewal lease when you allowed it on the first lease.
CORRECTING VIOLATIONS AND JUST CAUSE EVICTION
As per our attorney ". You can raise the rent under the just cause ordinance. However, if the tenant is able to prove the purpose was to retaliate against the tenant then that would be problematic under retaliation and/or fair housing laws, especially if the rent was above market and you later did not try to re-rent the property at this higher rent
Regarding the option to remove the property from the market, our attorney advised: " It has to be permanent and the landlord would have to prove objective reasons for the change of mind in order to rebut a claim the ordinance was violated."
Switching to AirBNB would not qualify as removing from the market
Just cause would apply to any storage/garage mentioned in the lease, however, if the storage area is rented separately then it would not apply
Per Ted K at KTS "Although unsettled, there is a strong argument to support a landlord's justification to evict to allow for a resident manager to move in even though the building contains less than 16 units. "
If the tenant is constantly late with the rent (but no eviction for non payment of rent was started) then this is not grounds (per KTS) to claim that they violated the lease enough to allow a Just Cause notice to be effective
FAILURE BY TENANT TO RENEW LEASE
Link to below is at s.sdcpm.com/justcausereason
SEE LINK TOO AT http://caltenantlaw.com/SanDiegoJCE.pdf
Page updated
Report abuse