Just Cause 2 Patch Download
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The Just Cause Eviction Ordinance, passed in 1980, prevents landlords from arbitrarily ending a rental agreement. The Just Cause Eviction Ordinance applies to month-to-month renters, renters with verbal agreements, and renters with expiring term leases. To end or not offer to renew one of these agreements, a landlord or property manager must state one of the 18 approved reasons listed in the Just Cause Eviction Ordinance and be in compliance with the Rental Registration & Inspection Ordinance. Most Just Cause reasons do not require the owner to pay any type of relocation assistance to a tenant.
Effective July 2021, landlords must offer tenants in expiring term leases a renewal unless they have a just cause reason not to renew the tenancy. Notice must be issued 60 to 90 days prior to the expiration of the tenancy. Please see SMC 7.24.030.J for additional information.
In winter months, the just cause reasons to terminate a tenancy are limited in some circumstances. The code provides low to moderate income tenants with a defense to eviction when ending the tenancy would require the tenant to leave between December 1 and March 1. Please see SMC 22.206.160.C.8 for specific details and exceptions.
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All units covered by the Rent Adjustment Program are also covered under the Just Cause for Eviction Ordinance. However, if your unit is not covered under RAP, it may still be covered under this ordinance.
In order to evict a tenant from a rental unit covered by the Rent Ordinance, a landlord must have a "just cause" reason that is the dominant motive for pursuing the eviction. Note that the mere expiration of a rental agreement or a change in ownership does not constitute "just cause" for eviction.
The landlord also needs a "just cause reason to take away or remove access to certain housing services, including but not limited to garage facilities, parking facilities, driveways, storage spaces, and laundry rooms. However, a landlord who has complied with the requirements of Ordinance Section 37.2(r) may temporarily remove certain housing services, including parking and storage spaces, in order to perform mandatory soft-story seismic retrofit work required by the Building Code.
Since evictions are complex proceedings, landlords should proceed with caution and seek the advice of an attorney before asking a tenant to move or attempting an eviction. If a landlord evicts or tries to evict a tenant unlawfully, the landlord may be subject to substantial civil and/or criminal liability. While we cannot provide legal advice or refer you to individual attorneys, staff will be glad to direct you to appropriate resources for advice and assistance. A list of resources is available through the Referral Listing or at our office.
In this report, we present new findings from three data sources that shed light on the harmful effects of at-will employment on workers and show broad public support for adopting just-cause protections around the country:
We need a national just-cause policy, as well as state and local laws, to guarantee workers the job stability and economic security they deserve and ensure that they feel safe speaking up about mistreatment on the job.
One of the main reasons workers join unions is to gain protection against unfair and unjust discipline that employers hand out. Stewards must be ready to handle all sorts of discipline cases, from warnings to suspensions to firings. Stewards must be ready to deal with situations ranging from gross discrimination by the boss on who gets disciplined to union members who sometimes seem to go out of their way to get themselves in trouble.
Example: An employer cannot summarily fire an employee for allegedly stealing some items from his/her work area that turned up missing during an end of the month inventory. Employers must provide an employee with notice of the charges against him/her and an opportunity to explain before discipline is imposed. However, the employer may be excused from conducting an interview if the evidence is so conclusive and misconduct is so egregious that nothing the employee could say could possibly affect the outcome. Employers must take disciplinary action in a timely manner. Employees must be given precise statements of charges. Employees cannot be disciplined twice for the same misconduct (i.e. an employee cannot be given a warning and a suspension nor can the penalty be later increased in most cases once the penalty has been imposed).
Unless a valid distinction justifies a higher penalty, an employer may not assess a considerably stronger punishment against one employee than it assessed against another known to have committed the same or a substantially similar offense.
Example: An employer is expected to apply the lowest penalty that is likely to prevent a recurrence of the misconduct (i.e. giving the worker a warning before a suspension), unless the misconduct is egregious, such as theft, violence or threats of violence, or sabotage. The usual steps in progressive discipline are verbal warning, one or more written warnings, one or perhaps two suspensions, and discharge.
We are a small union, with limited resources, and we ask that any organization or individual using our materials who is able to do so consider making a donation to the UE Research and Education Fund, to help us continue to be able to provide educational materials for the broader labor movement.
On this page, you will find information and resources related to the Just Cause for eviction (ordinance/ordenanza/php lệnh) in unincorporated areas of Marin. This ordinance applies to properties with three or more dwelling units, and requires that tenants be given a reason for a lease termination. The ordinance went into effect on January 17, 2019.
To be in accordance with the Marin County Just Cause for Eviction ordinance, owners of properties in unincorporated Marin with three dwelling units* or more must complete or update their Rental Registry records by January 1, 2024, and annually thereafter. We've created a step-by-step instructional manual to assist landlords in completing the registry. For questions, contact the Housing & Federal Grants Division by email, or call (415) 473-7309.
*A dwelling unit can generally be understood as an apartment, a garage, a shed, a house, or part of any house, that a person uses as a home, residence or sleeping place. For example, is someone is renting rooms out of their house, each of those rooms is considered a unit.
Effective January 17, 2019, a landlord seeking to terminate a residential tenancy must submit a Notice of Termination to the Tenant Household. The landlord must also be able demonstrate compliance with the prerequisites to termination defined in 5.100.040 of Ord. 3705:
Landlords are also required to provide a copy of the Notice of Termination to the County within 10 days of service to the tenant household. To create a Notice of Termination, you must first register your property using this application.
Yes, the Marin County Board of Supervisors has established an ordinance that requires landlords to have a just cause to terminate a residential tenancy in unincorporated areas of Marin. The ordinance is commonly called Just Cause or Just Cause for Eviction.
Just Cause typically does not apply to single-family homes, unless 3 or more rooms (or parts of rooms, garage, etc.) are being rented, including the owner's dwelling unit. For more information, view the response to the following question "What is a dwelling unit?".
Under Just Cause, a dwelling unit can be generally understood to be any structure, or part of any structure, that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household, regardless of any shared use of space.
To terminate a tenancy, review the requirements detailed in the "Registry and Notice of Termination" tab above. Landlords subject to the County's Just Cause policy will need to first register their units with the Landlord Registry, which will allow for the creation of a Notice of Termination. Landlords are required to provide the Notice of Termination to the tenant household. In order to register, landlords must be able to demonstrate compliance with the prerequisites detailed in section 5.100.040 of the ordinance.
All rental units in unincorporated Marin must possess a valid business license with the County's Department of Finance, which must be renewed annually. For properties that have not obtained a business license in the past, the Department of Finance has set up an agreement to only charge landlords for business license fees as far back as three (3) years. For more information, visit www.marincounty.org/bl.
You can remove your tenant at any time for one of the reasons enumerated in the Just Cause for Eviction ordinance by filing a lawful Notice of Termination and serving your tenant with it. Without cause, you may not ask your tenant to leave when their lease term ends. Unless you offer to renew the rental agreement, or propose new lease terms, your existing lease will default into continuing on a monthly basis.
If you offer to renew the lease, or change the terms of it, your tenant retains the right to reject it. In this instance, you do not need to file a Notice of Termination with the County. Your tenant will be expected to vacate the unit at the end of their lease.
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