What Are Just Cause Evictions in the Bay Area?

What Is a Just Cause Eviction?

A just cause eviction occurs when a landlord has a legal and documented reason for ending a tenancy. In cities like San Francisco, Berkeley, and Oakland, rent ordinances outline exactly what qualifies as just cause. Landlords may pursue two types of evictions to terminate a rent ordinance-protected tenant’s tenancy: (1) just cause no-fault evictions and (2) just cause at-fault evictions. California suspended certain no-fault and nonpayment of rent evictions during the COVID-19 pandemic; however, those suspensions ended in June of 2022.

Additionally, landlords can trigger for-cause evictions for health and safety reasons. This includes lead paint removal or demolition of condemned properties. They might also request that tenants vacate the unit to allow a landlord’s relative to move in. In most no-fault cases, the landlord must pay the tenant certain relocation fees. Evictions granted due to tenant conduct, including failure to pay rent, do not require landlords to pay these fees.

At-Fault Just Cause Reasons

Just cause generally means unlawful tenant conduct or uncontrollable circumstances. Cal. Civ. Code § 1946.2 and S.F. Ordinance § 37.9A both dictate what qualifies as a just cause eviction in the Bay Area:

• Failure to pay rent
• Habitual late payment of rent
• Refusing lawful landlord entry
• Substantial destruction of the property and waste
• Criminal activity within the unit, like drug cultivation
• Criminal activity on the premises, such as harassing co-tenants
• Material breach of lease terms
• Using the property for unlawful purposes, like running a commercial catering business from a residential unit
• Creating unsafe or unsanitary conditions
• Refusal to vacate the premises after the lease term expires

In some cases, unlawful subletting or the refusal to vacate after the lease term expires may also qualify.

Landlords sometimes claim these reasons without evidence, such as alleging unpaid rent while refusing to cash the tenant’s checks. This type of conduct is prohibited but still occurs, particularly in high-demand markets where landlords stand to make more money by replacing a rent-controlled tenant.

No-Fault Just Cause Reasons

There are just-cause reasons that aren't based on tenants' actions, including the following:

• Landlord move-in or their close relative. The tenant is entitled to relocation payments.
• The sale of the unit, which has been converted to a condominium, doesn't apply to seniors and disabled tenants. A tenant has a right to a 1-year lease or 120 days with relocation payments.
• Demolition or removal of the unit from housing use. A tenant is entitled to relocation payments.
• Capital improvements or rehabilitation with all the required permits that allow temporary removal of the unit from housing use. A tenant is entitled to reoccupy the unit (when work is completed) at the prior rent, adjusted by the Rent Board's allowable rent increases, such as the annual rent increase. A tenant is entitled to relocation payments.
• Substantial rehabilitation of a building that is essentially uninhabitable, with all the necessary permits. A tenant is entitled to relocation payments.
• Ellis Act evictions, which require withdrawal from rental housing use all of the units in the building. A tenant is entitled to a relocation payment.
• Lead abatement with temporary removal of the unit from housing use for less than 30 days. A tenant is entitled to a relocation payment.
• Demolition or otherwise permanent removal of the rental unit from housing use.
• Good Samaritan occupancy expiration.

Even with a legitimate no-fault reason, landlords must strictly follow local procedures, including filing notices with the appropriate rent board, providing proper written notice to the tenant, and paying all required relocation assistance. Failing to meet these obligations can make the eviction unlawful.

Just Cause Eviction Rules in the Bay Area 

Every city has its own just cause rules for evicting tenants. Here are some examples:

San Francisco’s Just Cause Rules

San Francisco’s Rent Ordinance provides some of the most detailed eviction protections in the state. Section 37.9 outlines specific at-fault and no-fault just cause reasons. In addition to the examples above, San Francisco law prohibits certain evictions during the school year for households with children. It protects tenants with disabilities or senior tenants from certain no-fault removals. Landlords who falsely claim just cause, such as by fabricating repair needs or misrepresenting a family move-in, risk liability for wrongful eviction.

Berkeley’s Just Cause Rules

The Berkeley Rent Stabilization Ordinance provides similar but not identical protections. Berkeley generally requires landlords to obtain a Certificate of Eviction from the Rent Board before proceeding. 

Like San Francisco, Berkeley recognizes both at-fault and no-fault just cause reasons. Still, it has its own set of relocation assistance requirements and protections for vulnerable tenants, including seniors, disabled people, and low-income households. Berkeley’s ordinance also requires landlords to file reports with the Rent Board following a no-fault eviction, allowing for greater oversight and enforcement.

Oakland’s Just Cause Rules

Oakland’s Just Cause for Eviction Ordinance applies to most residential rental units and limits evictions to a defined list of at-fault and no-fault reasons. Oakland’s rules are notable for requiring landlords to serve tenants with a City-approved eviction notice form and, in no-fault cases, to pay relocation assistance. The city also maintains strong protections against harassment and retaliation, meaning a landlord’s improper conduct during the eviction process may itself be grounds for a legal claim.

Fighting Unlawful Evictions

Despite the clear rules, landlords in San Francisco, Berkeley, and Oakland sometimes attempt to circumvent just cause laws. Common tactics include:

• Exaggerating tenant misconduct
• Manufacturing nonpayment claims
• Misrepresenting intended repairs or owner move-ins
• Failing to pay relocation assistance in no-fault cases

In some instances, the stated reason for eviction is a cover for discriminatory motives, such as targeting tenants based on race, disability, family status, or other protected characteristics.

If you believe your landlord’s stated reason for eviction was false, improperly executed, or a pretext for discrimination, you may have grounds for a wrongful eviction lawsuit. Tenants who prevail in such cases may recover compensation for moving costs, lost personal property, emotional distress, and in some situations, punitive damages and attorneys’ fees.

Protecting Your Rights as a Tenant

The eviction process in the Bay Area is complex, and even experienced tenants can find it difficult to determine whether their landlord’s actions are lawful. Speaking with a local tenants’ rights advocate or housing nonprofit can provide initial guidance at no cost. However, if you have already been forced out of your home and suspect the eviction was unlawful, working with an experienced wrongful eviction attorney can help you protect your rights and pursue appropriate compensation.

Contact Wolford Wayne LLP

If you’re facing a just cause eviction in the Bay Area, or one you believe may be unjust, we strongly recommend speaking with a local tenants’ protection group or advocate who can assist you at no charge. However, if you’ve been evicted for what you believed was a just cause, only to learn later it was not (like vacating for an owner move-in but learning the unit is being rented to a new tenant), then stronger actions may be warranted. You may have grounds for a wrongful eviction lawsuit, and you should consider working with an experienced tenants’ rights attorney.

At Wolford Wayne LLP, our team is committed to helping unlawfully evicted renters recover damages for destroyed property, moving costs, and emotional distress. In some cases, unjust evictions might qualify tenants for punitive damages and attorneys’ fees. Discuss your case with our San Francisco wrongful eviction lawyers today by calling (415) 649-6203 or contacting us online.