HB23-1171 Just Cause Requirement Eviction Of Residential Tenant

The bill prohibits a landlord from evicting a residential tenant unless the landlord has just cause for eviction. Just cause exists only when:

• A tenant or lessee is guilty of an unlawful detention of real property under certain circumstances described in existing law, as amended; or

The following conditions constitute grounds for a no-fault eviction of a tenant, with certain limitations:

• Demolition or conversion of the residential premises;
• Substantial repairs or renovations to the residential premises; or
• Occupancy of the residential premises assumed by the landlord or a family member of the landlord;
• Expiration of time-limited housing operated by a mission-driven organization; and
• Withdrawal of the residential premises from the rental market for the purpose of selling the residential premises.

With certain exceptions, a landlord that proceeds with a no-fault eviction of a tenant must provide relocation assistance to the tenant in the amount of 2 months' rent plus the amount of one additional month of rent if any of the following individuals reside in the residential premises at the time the landlord proceeds with the no-fault eviction:

• An individual who is less than 18 years of age or at least 60 years of age;
• A low-income individual; or
• An individual with a disability.

If a landlord proceeds with an eviction of a tenant of a residential premises in violation of the new provisions, the tenant may seek relief as provided in existing laws concerning unlawful removal of a tenant.

A landlord's failure to comply with the new restrictions on evictions is an affirmative defense for a tenant to an eviction proceeding. Existing law describes various circumstances under which a person is guilty of an unlawful detention of real property. The bill narrows the applicability of 2 such circumstances to apply to nonresidential and residential real property, respectively. The bill also adds 2 such circumstances, which are:

• When a tenant or lessee holds over upon the expiration of a residential rental agreement when the landlord has timely offered a new rental agreement with terms substantially identical to the current residential rental agreement and provided timely notice to the tenant; and
• When the landlord has provided the tenant timely notice of the landlord's plans to recover possession of the property for the landlord's own use and occupancy as a principal residence by the landlord or an immediate family member.

Current law allows a tenant to terminate a tenancy by serving written notice to the landlord within a prescribed time period, based on the length of the tenancy, and for the purpose of such notices to quit a tenancy, certain provisions apply, including the following:

• Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown;
• No notice to quit is necessary from or to a tenant whose term is, by agreement, to end at a time certain; and
• Certain provisions concerning notices to quit do not apply to the termination of a residential tenancy if the residential premises is a condominium unit.

The bill eliminates these provisions.

Current law requires that, except when posting notices that are required by law or by a rental agreement, the management of a mobile home park must make a reasonable effort to notify a resident of the management's intention to enter the mobile home space at least 48 hours before entry. The bill changes this period from 48 hours to 72 hours.