贡献贴·- 赶人条款 in CA

赶人条款 in CA

1. Guilty Before March 1, 2020: If the tenant was guilty of unlawful detainer before March 1, 2020 (which is when the AB3088 eviction moratorium was made retroactive to), then those cases can move forward.
2. Non-Payment of Rent: If the landlord adheres to all the temporary AB 3088 / SB 91 restrictions relating to non-payment of rent, and the tenant fails to return the declaration to the landlord and fulfill the tenant requirements under the temporary law, the landlord is permitted to bring forth an action for unlawful detainer now. (Caution: Even if the tenant fails to return the declaration to the landlord and therefore the landlord initiates an unlawful detainer against the tenant, the tenant has the right under the law to try and get the case dismissed under certain conditions.)
3. The Tenant is “At-Fault”: Other than non-payment of rent, evictions can proceed if the tenant is at-fault, as defined in Civil Code 1946.2(b)(1). The tenant is “at-fault” when they are doing something that they are not supposed to do, or not doing something that they are supposed to do. Examples include if the tenant is breaching a material term of the rental agreement, committing a nuisance, damaging the property, or using the property for an unlawful purpose.
4. The Eviction is for “No-Fault”: A no-fault eviction is an eviction where the landlord needs the property back not because the tenant is “misbehaving,” but rather for another reason. There are limited reasons under Civil Code 1946.2(b)(2) that allow a landlord to evict a tenant for a no-fault reason. Examples include if the owner or owner’s relative needs to move into the property or if the landlord received a government order which requires the vacating of the property. To be clear, to qualify under no-fault, the no-fault reason must be outlined in the Civil Code in order to proceed with a no-fault eviction at this time. Even properties that are normally exempt from just-cause eviction requirements are NOT exempt under SB 91 and AB 3088.
5. The Owner of the Rental Property is Selling the Property: If the rental property is a single family residence and certain requirements are met, a landlord is permitted to evict the tenant if the owner has entered into a contract to sell the property with a buyer who intends to live at the property.