Just cause eviction controls
From Wikipedia, the free encyclopedia
Just cause eviction controls are laws that protect renters by ensuring that landlords can only evict with proper cause, such as a tenant's failure to pay rent or destruction of property. While just cause controls provide such protections for renters, landlords retain full right to evict a tenant for breach of rental contract. Just cause eviction controls are an important tool for promoting tenant stability--particularly in low-vacancy and expensive housing markets--where landlords may be tempted to evict tenants in order to obtain higher rents.
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[edit] How the Ordinances Work
Just cause eviction controls exist in many American cities and are established by city councils or through ballot initiatives.
Just cause ordinances have varying terms. However, most ordinances do the following:
- apply only to owners of a building or complex that has more than a certain number of dwelling units (typically five or more units);
- protect tenants who are in danger of eviction by a bank as part of a foreclosure case against the landlord; and
- protect tenants who are low and fixed-income, people of color, students, physically disabled, elderly (over 60), or have catastrophic illness.
A strong just cause ordinance will include:
- Strong enforcement mechanisms. To be effective, enforcement must be tough and vigilant. The ordinance must include measures that apply strict penalties to landlords who illegally evict tenants. This can include fines paid to the city, money paid to the tenant(s), and reinstatement of the evicted tenant(s).
- Expedited process to deal with unjust evictions. Once an eviction is issued, tenants do not have much time to fight the eviction, usually only 30 days. A strong ordinance will offer safety nets for tenants until their cases can be reviewed.
- Community awareness. Community awareness is critical to ensure the success of just cause ordinances. Ways of increasing community activity include grassroots organizing & workshops. Residents need to know their rights as tenants and the need for maintaining such controls. Grassroots educational campaigns are a vehicle for building a base of informed and organized tenants. Workshops can offer legal expertise and how-to seminars.
[edit] U.S. Jurisdictions Adopting Just Cause Ordinances
Following is an incomplete list of U.S. jurisdictions with just cause ordinances:
- New York, NY
- Washington, DC
- Los Angeles, CA
- Oakland, CA
- West Hollywood, CA
- San Francisco, CA
- Chicago, IL
- Seattle, WA
- California (for all mobilehomes)
[edit] Examples of "Just Cause"
Examples of actions that can lead to a just cause eviction:
- Failure to pay rent
- Use of premises for illegal purposes
- Failure to agree to fair and equitable rules drawn up by the landlord
- Disturbance of the peace
- Waste (substantial damage) to the property
[edit] See also
[edit] External links
- PolicyLink article on just cause
