Just Cause for Eviction
WHAT IS EVICTION FOR CAUSE?
“Eviction for Cause” means that a landlord must have a reason to evict a tenant. For Hayward, these reasons are stated in the Just Cause for Tenant Eviction Ordinance.
CAUSES FOR EVICTION
- The tenant has not paid his/her 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 to meet the City’s building standards, that cannot be completed with the tenant living there. 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, sibling, grandparent, or grandchild. This is not allowed if there is a similar unit on the property that is 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 illegal drugs.
- The tenant has continued to break the rules of the property.*
- The landlord fires the tenant, and housing was part of the employee's pay.
- The 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 Just Cause for Tenant Eviction Ordinance gives eviction for cause protections to all units in the City of Hayward except hospitals, non-profit care or treatment facilities, non-profit transitional housing, hotels, units held in trust on behalf of a developmentally disabled individual who occupies the property, and owner occupied units where the owner rents individual rooms and shares the kitchen or bath.
NOTICE OF THE ORDINANCE
Landlords must notify tenants of existence of the ordinance by April 5, 2019 and upon re-renting the unit.