Eviction for Cause
Eviction for cause means that a landlord must have a reason to evict a tenant. These reasons are explained in the Residential Rent Stabilization Ordinance (“Ordinance”) and listed below. Eviction for cause does not change the process for evicting a tenant. Only units covered by the Ordinance, have eviction for cause protections (see below). The eviction process is complicated, and it is recommended that both tenants and landlords seek legal advice.
CAUSES FOR EVICTION
- Tenant has not paid their rent.
- The tenant has continued to ignore terms of the lease*.
- The tenant has substantially damaged the property and will not agree to repair or pay for repairs*.
- The tenant refused to sign a new lease that is identical to the old one (when the old one expires.)
- The tenant has continued to bother other tenants and neighbors after being told to stop*.
- The tenant will not let the landlord into the building, even with written notice.
- The landlord wants to perform repairs to the unit which cannot be completed with the tenant living there. Repairs must correct items that do not meet the City’s building standards and the owner must obtain permits from the City. Once work is complete, the tenant must be offered the unit first.
- The landlord wants to demolish the unit.
- The landlord wants to move into the unit, or wants to allow certain family members to move in. These family members include the landlord’s spouse, domestic partner, child, spouse’s child, parent, brother, sister, grandparents, or grandchildren. However, this is not allowed if there is another similar unit on the property that is already vacant and available.
- The landlord wants to move into the unit and the lease allows this.
- The tenant is convicted of using the rental unit for any illegal purpose.
- The tenant has used or allowed the use of the unit for the manufacture, sale, distribution, possession, or use of a controlled substance (illegal drugs).
- The tenant has continued to break the rules of the property*.
- The landlord fires the tenant, and housing was part of the employees pay.
- tenant has threatened to kill or hurt any person on the premises. A report must be filed with the Hayward Police Department.
IS MY PROPERTY/UNIT COVERED?
The Residential Rent Stabilization Ordinance gives eviction for cause protections to units that meet all the following:
- The unit is in the City of Hayward.
- The landlord owns 5 or more units in the City of Hayward.
- The unit was built before July 1, 1979.
The following are exempt from Ordinance: hospitals, care facilities, subsidized affordable housing, hotels, and nonprofit cooperatives.
Units that have been decontrolled still have eviction for cause protections. Decontrolled units are units that meet the criteria listed above but do not have rent increase limitations.
WHAT DO I NEED TO DO?