These types of protections can increase the cost of evictions for landlords, and also limit landlords’ control over an important aspect of their ownership rights.
The costs of just-cause eviction protections. Since the overwhelming majority of evictions that take place are for non-payment, adopting just case eviction ordinances might be popular, and might even be the right thing to do, but also unlikely to make much of a dent in the problem. In defining just cause, jurisdictions will need to consider under what circumstances to allow an owner to evict tenants in order to convert their units to another use. Non-payment of rent, violation of lease terms, creation of a nuisance, and an owner’s intent in occupy a unit are among the good or just causes for eviction found in many policies. What should qualify as a just cause for eviction?Ī jurisdiction will also need to determine what grounds it will include as just or just causes for eviction. Other considerations When should just-cause eviction protections apply?Ī jurisdiction considering this protection for tenants will have to determine what types of units and landlords (e.g. Just cause eviction protections typically apply to any tenant living in the unit(s) to which the protections apply. Just cause eviction protections typically apply to all rental units or a subset of rental units in a jurisdiction. Some jurisdictions impose penalties on landlords that fail to comply with just cause eviction procedures. When these policies apply, a landlord must notify a tenant of the basis for the eviction and other procedural requirements often apply. In this situation, tenants are in effect provided with the right to renew their lease or to remain in their unit on a month-to-month tenancy, as long as one of the bases for eviction is not present. In some jurisdictions, even when a lease ends, tenants can only be evicted based on the enumerated criteria. Evictions are, then, not permitted for any reason not listed. Just cause eviction laws typically enumerate a list of conditions that are permitted to form the basis for an eviction. Just cause eviction policies can apply to all rental housing in a jurisdiction or to a subset of units, like those that are subject to rent regulation.
They also create procedures that landlords must follow in order to establish “just cause” to evict. “Just cause” (or “good cause”) eviction policies promote residential stability by limiting the grounds upon which a landlord may evict a tenant typically, allowable grounds for eviction include nonpayment of rent, intentional damage to the unit, or other material noncompliance with the terms of the lease before they may evict tenants. Tenants in these circumstances can be evicted for any reason or no reason at all.