LARSO - Legal Reasons for Evictions

Post date: Feb 07, 2017 11:56:9 PM

Tenant At-Fault for Eviction

Under the Rent Stabilization Ordinance (RSO), the landlord may recover possession of a rental unit under specific situations. Below is a list of reasons for which a tenant could be evicted and the tenant would be considered at-fault.

1.      Failure to pay rent.

2.      Violation of the rental agreement or lease.

3.     Unreasonable interference with the comfort, safety or enjoyment of other tenants, or damaging the rental unit or the property.

4.     Using the rental unit or the common areas of the property for an illegal purpose.

5.     Refusal to renew a lease or rental agreement of like terms and conditions.

6.     Refusing the landlord reasonable access to the rental unit for repairs and inspections to name a couple of examples.

7.     At the end of a lease term, the landlord discovers the tenant is not the person who initially rented the unit and the landlord didn’t approve this person’s tenancy.

8.     The tenant failed to temporarily relocate or honor a permanent relocation agreement as required per the Tenant Habitability Plan (THP), approved by this Department, so the landlord could renovate your building or the unit, and the tenant doesn’t live up to the agreement.

Tenant Not At-Fault for Eviction

Situations that require the property owner to regain the use of the rental unit, as the result of a personal or business decision, and not the fault of the tenant may be cause for eviction, but the landlord may have to pay the tenant relocation assistance.  These reasons include when the landlord:

1.      Wants the rental unit for his own use or a family member.

2.      Wants the rental unit for the use of a resident manager.

3.      Wants to demolish or permanently remove (Ellis Act) the unit from rental housing use.

4.      Has been ordered to vacate the unit or building by a governmental agency, as the result of a legal violation.

5.      Is the Federal Government and it wants to sell the property the rental unit is on.

6.       Owns a Residential Hotel and wants to demolish or convert the building to another use. 

7.      Wants to convert or build Affordable Housing Accommodations requiring a government-imposed regulatory agreement.

A landlord cannot evict a tenant in order to sell the property, unless the property is owned by the Federal Government.