Can a Landlord in California End a Lease for Renovations?

Question from Nia, Can a Landlord in California End a Lease for Renovations?

Answer from AI:

In California, the legality of a landlord terminating a lease to perform renovations depends on several factors, including the type of tenancy, local rent control ordinances, and the specific reasons for the renovation. Here’s a general overview of the relevant considerations:

Rent Control and Just Cause for Eviction

If your apartment is in a jurisdiction with rent control laws, such as the city of Los Angeles or San Francisco, there are strict rules about when and how a landlord can terminate a tenancy. These laws often require “just cause” for eviction, which means the landlord must have a valid legal reason to evict a tenant.

• Just Cause: Renovations might be considered a just cause for eviction if they are substantial enough that they cannot be completed while the unit is occupied. However, if the renovations are not necessary and are being used as a pretext to evict a long-term, lower-paying tenant, this could be a violation of the law.
• Relocation Assistance: In some cases, even if the landlord has a just cause for eviction due to renovations, they may be required to provide relocation assistance to displaced tenants, especially if the tenants are elderly or disabled.

Statewide Tenant Protections

The California Tenant Protection Act of 2019 (AB 1482) provides statewide rent control and eviction protections for tenants in certain buildings. Under this act, landlords must provide a just cause for eviction, and renovations might not qualify unless they are necessary to maintain the habitability of the unit.

Lease Agreements and Termination Notices

If you have a fixed-term lease, the landlord generally cannot terminate the lease before the end date unless there is a breach of the lease terms by the tenant. For month-to-month tenancies, landlords can typically terminate the tenancy by providing proper notice, which is usually 60 days if the tenant has lived in the unit for more than one year.

Discrimination and Retaliation

Landlords are also prohibited from discriminating against tenants based on age or other protected characteristics. Additionally, they cannot retaliate against tenants for exercising their legal rights, such as complaining about unsafe living conditions.

Seeking Legal Advice

Given your specific circumstances, including your long-term tenancy, age, and financial situation, it is crucial to seek personalized legal advice. A tenant’s rights organization or a legal professional can provide guidance based on the details of your case and local laws.

• Contact a local tenants’ rights group for advice and potential advocacy on your behalf.
• Consult with a legal professional who specializes in landlord-tenant law to understand your rights and options.
• Review the terms of your lease agreement and any applicable local rent control ordinances.

Remember, each situation is unique, and the above information is not a substitute for legal advice tailored to your specific circumstances.