In Fair Oaks, CA, eviction laws are governed by the California Tenant Protection Act, part of the broader Protection Act of 2019, and supplemented by local ordinances. These eviction rules are designed to protect tenants from unfair displacement while allowing both the landlord and property owner to manage their residential properties lawfully.
Understanding the legitimate reasons to evict a tenant is crucial for California landlords and renters alike. This new law balances housing security with property owners' rights.
Here’s an in-depth look at common just cause reasons to evict tenants in Fair Oaks.
Non-Payment of Rent
Failure to pay rent is one of the leading causes of eviction in the rental housing market. If a tenant fails to pay the rent owed, landlords are required to issue proper written notice, typically a 3-Day Notice to Pay Rent or Quit, before starting the eviction process.
Under state law, this tenant notice informs the renter of their rent breach and provides an opportunity to cure the default. Failure to comply results in an eviction notice and potential court order for removal.
Breach of Lease or Rental Agreement
Another valid reason to evict a tenant is a lease violation. Whether it's unauthorized pets, alterations to the rental unit, or a violation of terms in the lease or rental agreement, landlords must first issue a termination notice.
Tenants are usually given a chance to remedy the issue. If not, the landlord can proceed with the eviction according to the eviction ordinance. Existing tenants should regularly review their rental agreements to stay compliant and avoid unintentional breaches.
Nuisance or Criminal Activity
Engaging in criminal activity, creating nuisances, or endangering other tenants or personal property justifies immediate action. Landlords must document incidents carefully and serve a written notice outlining the violations.
This is particularly important in residential units like single-family homes, apartments, and owner-occupied duplexes where the peace of other tenants and fair housing principles are at stake.
Owner Move-In or Family Move-In
Under no-fault provisions, a landlord may proceed with an owner move in eviction if their domestic partner, owner's spouse, family members or they intend to make the rental unit their principal residence.
The law applies strict conditions, including providing relocation assistance, often equivalent to one month's rent or even a relocation assistance payment based on fair market rent. Landlords must serve proper written notice specifying the intended occupant.
Substantial Remodel or Renovation
If a landlord plans to substantially remodel or renovate the rental property, which requires the tenant to move out, they must comply with state law and local ordinances.
This no-fault eviction requires written notice and often relocation assistance to ensure the tenant can secure alternative affordable housing. Simple upgrades or cosmetic fixes do not qualify under this rule.
Withdrawal from the Rental Market
A landlord may choose to withdraw a unit from the rental market, especially if converting the property to owner move-in status or permanently removing it from residential use. This process, governed by the Ellis Act, requires proper written notice, relocation assistance, and adherence to fair market rent guidelines.
Property owners must ensure compliance with local ordinances and state law to avoid penalties.
Key Takeaways
Understanding the eviction process in Fair Oaks is essential for both tenants and landlords. Issues like unpaid rent, rent increases, or violations that place tenants at fault can all lead to legal action.
The law requires landlords to follow proper procedures when handling an old lease, preparing a new lease, or renewing a lease. Tenants facing eviction should seek legal help to protect their rights. Staying informed helps both sides manage their responsibilities fairly and lawfully.
Optimize your income with JTS Property Management. From managing unpaid rent to overseeing lease renewals and handling eviction processes, our experienced team ensures your rental property is well-managed and compliant.
Contact us today to protect your investment and maximize efficiency. Call or visit our website to learn more.
Additional Resources
What You Should Know Before Investing in Fair Oaks, CA Real Estate
How Often Should a Landlord Inspect Rental Property in Fair Oaks, CA?
