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Just cause eviction laws: where a landlord needs a reason to end a tenancy

Just cause eviction laws: where a landlord needs a reason to end a tenancy

For most American landlords, ending a month-to-month tenancy takes nothing more than the right written notice. A growing group of states and cities says otherwise. Under just cause laws, the landlord needs a reason from a list, and some of those reasons come with a relocation payment to the tenant.

The default rule, and the exceptions

In a state without a just cause law, a month-to-month tenancy can be ended by either side with the notice the state requires, and the landlord does not have to give a reason. Our month-to-month notice guide lists those notice periods. Landlords still cannot end a tenancy for a discriminatory or retaliatory reason, but they do not have to state one.

Just cause laws flip that. The landlord can end the tenancy only for a reason on the statute's list. Those reasons fall into two groups: at-fault reasons, such as unpaid rent or a serious lease violation, and no-fault reasons, where the landlord has a legitimate need for the unit.

State by state

WhereMain rule
CaliforniaCivil Code 1946.2: after a tenant has lawfully occupied the unit for 12 months (24 months in some cases when adult tenants are added), the owner needs just cause, stated in the notice. No-fault causes include owner or close family move-in for at least 12 months, withdrawal from the rental market, a government order, and intent to demolish or substantially remodel.
OregonORS 90.427: after the first year of occupancy, the landlord can end a tenancy only for tenant cause or a qualifying landlord reason, such as demolition or conversion, repairs that make the unit unsafe to live in, or the landlord or immediate family moving in. Those landlord reasons require 90 days' notice.
WashingtonRCW 59.18.650: a landlord may not evict, refuse to continue a tenancy, or end a periodic tenancy except for causes listed in the statute. Owner move-in and selling a single-family home each require at least 90 days' written notice.
New JerseyThe Anti-Eviction Act (N.J.S.A. 2A:18-61.1) allows removal only for listed grounds. Owner-occupied buildings with no more than two rental units are excluded.
New YorkThe Good Cause Eviction Law (Real Property Law Article 6-A) applies in New York City and in other localities that opt in. Landlords with no more than ten units in the state are exempt as small landlords.
ColoradoA 2024 law (HB24-1098) requires cause. Its no-fault grounds include demolition or conversion, substantial repairs, the landlord or family moving in, withdrawal from the market to sell, a tenant refusing a new lease with reasonable terms, and a history of nonpayment.

Relocation money

Two states attach a payment to no-fault terminations. California requires relocation assistance or a rent waiver equal to one month of the tenant's rent in effect when the notice was issued, and any payment has to be made within 15 calendar days of service of the notice. Oregon requires the landlord to pay one month's rent when the notice is delivered for its qualifying landlord reasons, unless the landlord has an ownership interest in four or fewer dwelling units. Some cities require far more than one month. Check local rules before sending a no-fault notice.

Exemptions to check first

Each law has carve-outs, and they are worth reading closely. California exempts housing that received a certificate of occupancy within the previous 15 years, and some single-family homes and condos when the owner is not a corporation or real estate investment trust and other conditions are met. New Jersey's exclusion for small owner-occupied buildings and New York's ten-unit small landlord exemption cover many mom-and-pop owners. Oregon and California rules start only after the first year, so a tenancy in its first months often follows the old notice rules.

What landlords should do

State the reason in the notice. California requires it, and in other just cause places a notice without a reason invites a defense.

Follow through. Owner move-in reasons come with occupancy requirements. Washington, for example, expects the owner or family member to actually live in the unit for a period after the tenant leaves. Faking a move-in to get a tenant out is a fast way to lose a lawsuit.

Watch rent increases. Raising rent sharply to push out a tenant can run into just cause and rent cap rules. Our guide to rent increases and rent control covers the caps.

Use the lease. A clear lease makes at-fault causes much easier to prove. The rules about late rent, guests, pets, and repairs only help you if they are written down and signed.

What tenants should do

If you get a termination notice in one of these places, look for the stated reason and the date. If there is no reason, or the reason does not match the law, the notice may not hold up. Local tenant organizations and legal aid offices in these states see these notices every day and can tell you quickly whether one is valid.

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Frequently Asked Questions

What is a no-fault eviction?

It is ending a tenancy for a reason unrelated to the tenant's conduct, such as the owner moving in, demolition, or taking the unit off the rental market. Just cause states list the allowed no-fault reasons and often require relocation money.

Which states have just cause eviction laws?

Statewide laws exist in California, Oregon, Washington, New Jersey, and Colorado. New York's Good Cause Eviction Law applies in New York City, and other localities can opt in. Many cities, including Seattle and Los Angeles, have their own stricter ordinances.

Do just cause laws apply to small landlords?

Often not. New Jersey excludes owner-occupied buildings with two or fewer rental units, New York exempts small landlords with ten or fewer units, and California exempts some single-family homes owned by individuals. Oregon's relocation payment does not apply to owners of four or fewer units.

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