Guide to Just Cause for Eviction
Just Cause for Evictions for Tenants of East Palo Alto
East Palo Alto voters adopted protections against eviction in both the 1988 Ordinance that applies to mobile home park tenancies and the 2010 Ordinance that applies to most residential rental units, including single family dwellings and other units that are exempted from rent controls.
Residents throughout the City of East Palo Alto are protected against arbitrary, discriminatory or retaliatory evictions.
Notices of Tenancy Terminations must be filed with the rent program ~
If a landlord either (1) serves a tenant written notice of termination of tenancy (including three, thirty, sixty, or ninety-day notices) or (2) serves a tenant with summons and complaint for unlawful detainer (eviction lawsuit), the landlord must file a copy of these documents with the Rent Stabilization Program within five days of service.
Tenants Have the Right to Request Their History of All Rent Payments, and Other Charges Made Against Them During the Tenancy ~
After a tenant's request, landlords must provide a copy of a detailed tenancy statement or "rent ledger" showing all rent, fees, and other charges made to the tenant within a reasonable time from the request date.
Even if a Rental Unit Has no City Permits, Landlords May be Required to Provide Tenants with a 30 or 60 Day Written Notice of Termination ~
If the rental unit is illegal, through no fault of the tenant, a landlord may have to provide a proper written notice of termination of tenancy after the City orders a landlord to remove any occupants from the rental unit.
Under the 2010 Ordinance, what legal grounds would a landlord have to terminate a tenancy?
1.) Failure to Pay Rent
2.) Continuous Violations of the Rental Agreement
3.) Willful or Substantial Damage to the Unit or Premises
4.) Refusal to Sign a Substantially Identical New Rental Agreement (Upon Expiration of Prior Rental Agreement)
5.) Continued Disorderly Conduct
6.) Refused the Landlord Access to the Unit
7.) The landlords right to undertake substantial, necessary repairs as permitted by the City of East Palo Alto and Rent Stabilization Board approval, plus additional provisions listed under the 2010 ordinance Section 16
8.) Removal of the Rental Unit from the market by demolition as permitted by the City of East Palo Alto
9.) Landlord seeks to recover possession of the unit under the Ellis Act
10.) Landlord or immediate family member wishes to occupy the unit as their primary/principal residence in good faith and without ulterior reasons
11.) Failure to vacate the unit under a temporary rental agreement
12.) Landlord seeks to recover possession to comply with a government's, city or particular order to vacate
13.) Landlord seeks to recover possession to comply with contractual or governmental regulations where the tenant is no longer qualified
14.) Tenant at the end of the lease term is a subtenant not approved by the landlord
In addition to making sure that the eviction is justified from one of the above listed reasons, landlords need to make sure that the actual notice of termination or the notice to quit and in the complaint for possession need to specify good cause as listed above.
(For a detailed explanation of the Just Cause for Eviction, please refer to the Rent Stabilization Ordinance Section 16)