Tenant Protection Act of 2019-Part 2 of 2
(Just Cause Eviction Law)

What is the Tenant Protection Act (TPA)? Effective 1-1-20, the TPA prohibits, with exemptions, an owner from
evicting a residential tenant except for 15 specified reasons. There are two types of reasons: “At fault” and “No fault”.

Exemptions from Just Cause rules:
● Housing that has been issued a certificate of occupancy within the previous 15 years (new housing);
● A duplex in which the owner occupies one of the units at the commencement of and throughout the tenancy;
● A single-family residential property (including condominiums) so long as:

1. The owner is not a corporation, not an LLC with at least one owner who is a corporation, and not a real
   estate investment trust (REIT) AND
2. The owner gives the tenant a legally required notice of this exemption. Ownership by individuals,
   partnerships, individual co-owners, trusts, and LLCs with no corporate owners, all qualify for the exemption.

● A single-family residence in which the owner lives and if the owner rents or leases no more than two bedrooms or
units (including an accessory dwelling unit such as a “granny-flat”);
● An owner-occupied property in which the owner and tenant share a bathroom or kitchen. The law recognizes that an
owner who lives with tenants should not be “stuck” with an incompatible tenant.
● A tenant who has not continuously and lawfully occupied the property for 12 months.

Giving notice of the Just Cause exemptions:
C.A.R. form “Rent Cap and Just Cause Addendum” (RCJC) (available December 2019) may be used as follows:
          For month to month tenants: For new tenancies starting on or after January 1, 2020, incorporate the RCJC
into the rental agreement. For existing tenancies, incorporate the RCJC by using a change in terms of tenancy,
such as C.A.R. “Notice of Change in Terms of Tenancy” (Form CTT).
          For Fixed Term Leases: For new tenancies starting on or after January 1, 2020, incorporate the RCJC into the
new lease. For existing tenancies, simply provide the form as a stand-alone notice. If not already provided,
incorporate the RCJC into the lease upon any renewal or extension of existing leases.

What are reasons an owner may evict a tenant for at-fault just cause?
(1) A default in the payment of rent; (2) A breach of a material term of the lease; (3) The tenant commits a nuisance or
uses the property for criminal or unlawful purposes; (4) The tenant assigns or sublets the property in violation of the
lease/rental; (5) The tenant refuses to allow the owner access; (6) The tenant refuses to sign an extension/renewal at
the expiration of the lease/rental.

What are reasons an owner may evict a tenant for no-fault just cause?
(1) The owner is withdrawing the property from the rental market; (2) The owner intends to demolish or substantially
remodel the property. Cosmetic improvements alone do not qualify; (3) The owner, or the owner’s family members
intends to occupy the unit PROVIDED the tenant has previously agreed to allow such a termination or if a provision of
the lease permits it. C.A.R. form RCJC may be used for this purpose. NOTE: For all no-fault evictions, the owner must
pay the tenant a one-month relocation fee or waive rent for the final month of the tenancy.

Does the TPA preempt local just cause eviction ordinances? If a city or county adopted a just cause eviction
ordinance on or before September 1, 2019, that ordinance applies and not the TPA. If a local just cause eviction
ordinance was adopted or amended after September 1, 2019 it only applies if it is more protective of tenants than
the TPA.

NOTE: Quick Guide Tenant Protection Act of 2019-Part 1 (Statewide Rent Cap Law) provides information on the
Rent Cap portion of the TPA.

Source: California Association of REALTORS®. October 22, 2019.  Link