Evicting a Santa Rosa tenant right now is difficult, but it’s not impossible. With an eviction moratorium still in place at least until the end of June, you cannot evict your tenants because of nonpayment of rent. There are really only two reasons you can remove a tenant right now:
- The tenant is a danger to the health and safety of others.
- You’re planning to live in or sell the property that you’re renting.
Once the eviction moratorium passes, we’re not sure what the court system will look like. It’s possible you’ll immediately begin to evict tenants for nonpayment of rent, but that’s unlikely.
Today, we’re talking about what the eviction law looks like now – during COVID – and what it looks like under normal circumstances where there isn’t a moratorium in place.
Evicting During the Pandemic
While you cannot currently evict a tenant for nonpayment of rent, this does not mean that the overdue rent is forgiven. It’s still owed to you, and you’ll want to find out if you or your tenant is eligible for state assistance to catch up with payments.
You can take possession of your property back if you decide to sell the home or if you want to move back into it yourself. In this case, you’ll want to talk to your tenants and workout when they can leave so that it doesn’t come down to a legal eviction. You may have to provide a relocation fee. Talk to a Santa Rosa property manager or an attorney before you move forward with any actions.
You can also evict a tenant from your Santa Rosa rental property if that resident is engaging in criminal activity or any actions that may be harmful to other residents. Make sure all of this is well-documented so there aren’t any setbacks when the judge hears your case.
Just Cause Eviction in Santa Rosa
Before the pandemic, there were already eviction restrictions in place throughout California. The Tenant Protection Act established a requirement that tenants only be evicted for just cause. Previously, Santa Rosa landlords could evict tenants at the end of their lease without specifying any reason, as long as they provided the required 60-day notice. That’s no longer the case. Now, to evict a tenant, landlords must have a “just cause” reason for the eviction.
Just cause eviction can be an at-fault eviction. This means the tenant caused the eviction by:
- Not paying rent
- Violating the lease agreement
- Using the property for criminal activity or illegal purposes.
Just cause evictions can also be no-fault. These are situations that require the property owner to regain the use of the rental home, and since it’s not the tenant’s fault, a relocation fee will need to be paid to the tenant to help them find a new home.
The short answer to the question of whether or not you can evict your tenant is – it depends.
We’d be happy to discuss your specific circumstance and help you work through an eviction or alternatives to eviction. Contact us at Redwood Residential Property Management.
Marla Shaw