Termination of Tenancy in California

Understanding your rights under the Tenant Protection Act (TPA)

What Is Termination of Tenancy?

Landlords in California cannot evict tenants who have lawfully lived in a rental unit for 12 months or more unless they have a legally valid just cause. Under the California Tenant Protection Act (TPA), Civil Code 1946.2, landlords must provide a written notice that clearly states the reason for termination.
Eviction without legal just cause could be considered wrongful eviction.

What Is Just Cause for Eviction?

There are two types of legally recognized reasons for eviction under the TPA: At-Fault and No-Fault just cause.

At-Fault Just Cause Includes:
  • Failure to pay rent
  • Violating lease terms
  • Illegal activity on the property
  • Causing a nuisance or damage
  • Refusing lawful landlord access
  • Unauthorized subletting
No-Fault Just Cause Includes:
  • Owner or family moving into the unit
  • Landlord withdrawing the property from the rental market
  • Substantial remodeling or renovations
  • Property demolition
  • The landlord is complying with a legal

The Tenant Protection Act of 2019 does not automatically all properties, landlords, or tenancies. The TPA has carveouts built into the statute for certain circumstances, such as new construction (where the property was issued a certificate of occupancy in the last 15 years ), certain owner-occupied properties, certain single-family homes, government subsidized housing, dormitories,  transient and tourist hotel occupancy, and others are not covered by the TPA. To add to the complications, an otherwise exempt housing accommodation could lose its exempt status for technical reasons, such as not providing notice of the exemption in the lease.

It is very important to have a skilled attorney review whether the TPA applies.

Further, it is possible that a more restrictive Tenant Protection ordinance could apply. Many local ordinances provide more protections than the general California TPA. In San Diego, for example, there is the City of San Diego Tenant Protection Ordinance (O-21647) or the Chula Vista Tenant Protection Ordinance (CVMC9.65) that could provide extra protections.