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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.
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.
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.
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. Just cause eviction laws typically enumerate a list of conditions that are permitted to form the basis for an eviction. Evictions are, then, not permitted for any reason not listed. In some jurisdictions, even when a lease ends, tenants can only be evicted based on the enumerated criteria. 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. When these policies apply, a landlord must notify a tenant of the basis for the eviction and other procedural requirements often apply. Some jurisdictions impose penalties on landlords that fail to comply with just cause eviction procedures.
Some jurisdictions impose civil or criminal penalties on landlords who violate just cause policies. In California, landlords may have to pay relocation costs for tenants being evicted for personal use, substantial renovations, or condo conversion. In many jurisdictions, landlords may have to pay damages and attorneys fees to wrongfully evicted tenants.
Requiring landlords to compensate tenants being evicted without cause can also serve to discourage landlords from taking such actions while at the same time helping to mitigate the burden imposed on tenants.
Many jurisdictions adopt other forms of procedural and substantive eviction protections that are not part of any just cause scheme. Procedural protections may include notice requirements, discovery rights, and the right to a jury trial. Substantive defenses to eviction available in some jurisdictions include retaliation, breach of the implied warranty of habitability, and violation of applicable consumer protection statutes.
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.
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.
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.
AB 1482, the Tenants Protection Act of 2019, became effective January 1, 2020 and includes both rent cap and just cause provisions. The bill states that if a local just cause ordinance was passed before September 1, 2019, it takes precedence over the state's just cause provisions. The County's Just Cause for Eviction policy passed December 18, 2018. Properties in unincorporated Marin should continue to reference the County's Just Cause policy.
Your landlord can evict you at any time for reasons or, "causes," enumerated in the Just Cause for Eviction ordinance by filing a lawful Notice of Termination and serving you with it. Without cause, your landlord may not ask you to leave when your lease term ends. Unless they offer to renew the rental agreement, or propose new lease terms, your existing lease will default into continuing on a monthly basis.
Adopting a strong just cause standard would not only have significant economic, social, and democratic benefits but would bring the US in line with the labor standards already shared by peer democracies. Moreover, just cause is far from unheard of in the United States. The just cause standard that is denied to the most vulnerable workers in the economy is already written into the contracts of the majority of executives for whom these employees work.
Andrias and Hertel-Fernandez argue that the at-will employment standard undermines workplace health, safety, and economic dignity. The authors detail multiple pathways toward ending at-will employment in the US private sector, including enacting federal legislation, utilizing executive branch authority, and adopting state and local just cause standards.
Just cause is the standard that management must adhere to when disciplining or discharging an employee. It means that in union settings, the employer must have a reason to act in disciplining an employee and the reason must be just and fair. In non-union workplaces, the employee is an at-will worker and can be disciplined or fired for whatever reason or no reason at all.
1. Notice. Was the employee adequately warned of the consequences of his/her conduct?
This means that the employer must have clear rules of conduct at the workplace that are either written or oral, including the consequences for violating such rules. Some cases however may not warrant such a requirement because they are so egregious or commonly understood, such as; drinking on the job; patient abuse; theft; or insubordination.
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.
Newly minted supervisors sometimes assume that just cause is an easy criterion to satisfy. On its face, it only appears to require a legitimate reason for taking action. Years of advocacy, however, have helped to mold the standard into a formidable bulwark.
A. No. Employees covered by the National Labor Relations Act and parallel state laws have a legal right to discuss disciplinary matters with co-workers and the union. A gag order is permitted only if the employer has a reasonable fear that the employee or the union will intimidate witnesses, destroy evidence, fabricate testimony, or create a cover-up. Where these concerns do not exist or are not justified, a gag order is an unfair labor practice.
Q. A supervisor ordered a worker to take a drug test because of his unsteady appearance. When the results came back positive, the general manager called him at home and announced his discharge. Did the manager have an obligation to delay making the decision until the employee was able to come in for an interview?
Q. Our contract says the employer must give written notice to the union within two days whenever it discharges an employee. If the employer fails to meet the requirement, can we assert that the discharge lacks just cause?
Due process, a legal term for procedural fairness, is implicit in the just-cause standard. A paramount obligation is to allow a worker a chance to tell his or her side of the story before the employer makes a decision to impose discipline.