Can a landlord terminate your lease for no reason

In California, a landlord can only evict a tenant for nonpayment of rent, damage to the property or a violation of the lease or rental agreement. The only exception is when a tenant has a month-to-month tenancy. In that case, the landlord can evict the tenant with a 30-day or 60-day notice to quit without saying why the tenant must move out.

Eviction Under a Lease or Rental Agreement

Assuming you have a current lease or rental agreement, the landlord can only evict you for a specified reason, including:

Failure to pay the rent on time
A lease violation that you cannot fix, such as keeping a pet when pets are not allowed
Damage to the property
Being a serious nuisance to other tenants and neighbors
Doing something illegal at the property

The process starts with the landlord serving you with a three-day notice to quit. The eviction notice must specify the reason why the landlord is evicting you and contain other statutory information, such as how much rent is due.

Evicting a Month-to-Month Tenant

When a lease ends and is not renewed, the tenant occupies the property on a month-to-month tenancy. By the California Civil Code, a landlord can terminate a month-to-month tenancy for any reason, simply by serving notice. The notice period is either 30 days or 60 days, depending on how long you have occupied the property. The notice does not have to say why the landlord wants you to move out.

Just Cause Eviction Laws

Some rent-control cities, such as San Francisco, have passed local ordinances establishing "just cause" eviction rules. These rules trump the California Civil Code, so if an ordinance is in place for your area, the landlord must always have a permitted reason for terminating the tenancy. These reasons include bad tenant behavior, such as not paying the rent or violating the lease agreement, but the landlord is also permitted to terminate a rent-control lease if the landlord wants to move into the property or substantially redevelop it. The eviction notice should spell out the "just cause" reason.

Discrimination and Retaliation

Even when a landlord does not have to give a reason for terminating the tenancy, some evictions are unlawful. For example, the landlord cannot evict you on the grounds of race, family status, religion, country of origin or other protected class status, nor to punish you because you took some sort of action against the landlord, like filing a complaint because your heating system was broken. Discriminatory and retaliatory evictions are illegal under California law. If you suspect that your landlord is evicting you illegally, contact an attorney or the state fair housing agency about your rights.

Removal of the Tenant

You can defeat a three-day eviction notice by paying the past-due rent or fixing the lease violation, but if you stay in the property beyond the three days without taking corrective action, you will be occupying the property unlawfully. The same applies if you stay in the property after the expiration of a valid 30-day or 60-day notice to quit. At this point, the landlord can file an unlawful detainer lawsuit in court to legally evict you. Your only option is to contest the eviction lawsuit by showing that the landlord has acted unlawfully in some way.

Grounds to end a tenancy 

If a tenancy has lasted less than 6 months, the landlord does not have to give a ground as to why the tenancy is ending. If a tenancy lasts over 6 months, the landlord must give a reason as to why they are terminating the tenancy. 

From 6 July 2022, there is a requirement for the landlord to send a copy of all Notices of Termination to the RTB on the same day as the notice is served on the tenant. This requirement applies to all tenancies no matter the duration or the reason for terminating the tenancy. The Notice of Termination will be deemed invalid if this requirement is not met. 

Notice of Termination Return Form 

A landlord serving a Notice of Termination is asked to complete a Notice of Termination Return Form and attach a copy of the notice being served in question. The completed form along with a copy of the Notice of Termination must be sent to the RTB on the same day as the notice is served on the tenant. It can be posted to the Residential Tenancies Board, PO Box 47 Clonakilty, Co. Cork or sent by email to . 

If posting, the RTB recommends using certified post to ensure landlords have proof of the date the RTB was sent the copy of the Notice of Termination.    

Process for Rent Arrears unchanged 

The termination process for rent arrears remains unchanged. Landlords must continue to serve a copy of the 28-day written rent arrears warning notice to the RTB. The 28-day period will count from the date that both the tenant and the RTB have received the warning notice, so landlords must send both notices at the same time. A landlord must also send a copy of the Notice of Termination they have served on their tenant for rent arrears to the RTB on the same day they serve it on their tenant. Please note that failure to submit a copy of the rent arrears warning notice or any Notice of Termination to the RTB will invalidate the Notice of Termination.  

Reasons for ending a tenancy  

If a tenancy has lasted less than 6 months, the landlord does not have to give a reason as to why the tenancy is ending. 

If a tenancy lasts 6 months or more (known as a 'Part 4' tenancy), the landlord must give a reason, as to why a tenancy is ending. By law, the reasons to end a tenancy must be one of the following: 

1. The tenant has breached their responsibilities 

The tenant has not complied with their responsibilities, despite being notified of this in writing by the landlord and being given reasonable time to remedy the matter(s). 

1A. The tenant has not paid their rent  

The tenant has not paid their rent within the minimum 28-day period afforded for payment following receipt of a written rent arrears warning notice by both the tenant and the RTB. The 28-day period commences upon receipt of the written rent arrears notice by the tenant or the RTB, whichever occurs later.  

Click here for more details on how to terminate a tenancy for rent arrears. 

2. The property is not suited to the tenant’s needs 

The property no longer suits the needs of the tenant, for example, it may be too small. In this case, a statement as to why it is no longer suitable for the needs of the tenant must also be given with the notice of termination. The statement must also specify the bed spaces in the dwelling. 

Click here for a sample Notice of Termination to use when ending a tenancy for this reason.  

3. The landlord requires the property for personal or family use* 

If the landlord or a family member* intend to live in the property, the tenancy can be ended. In this case, a statutory declaration providing 'specific details' must be included in the notice of termination or given with the notice of termination stating this. (This does not apply to Approved Housing Bodies). These specific details are: 

• The intended occupant's identity 
• Their relationship to the landlord 
• The expected duration of their occupation 

Landlords must offer the property back to the tenant that vacated on foot of a valid Notice of Termination if the property becomes available to rent again. The time period that a landlord must offer the property back to the tenant is 12 months from the expiry of the notice period.  

Click here for a sample Notice of Termination to use when ending a tenancy for this reason.  

*A member of the landlord's family is defined as a spouse, civil partner, child, stepchild, foster child, grandchild, parent, grandparent, stepparent, parent-in-law, brother, sister, nephew, niece or person adopted by the landlord under the Adoption Acts.  

4. The landlord wants to sell the property 

The tenancy can be ended if the landlord intends to sell the property within nine months of the termination date. If this happens, a statutory declaration must also be given with the notice of termination confirming the landlord’s intention to sell.  

There is an addition restriction, (sometimes referred to as the Tyrellstown Amendment) which applies to landlords terminating tenancies who want to sell 10 or more units within a single development within 6 months. Usually, tenants will be allowed to remain in their rented dwelling during and after the sale of the property unless: 

• by selling at market value the dwelling is more than 20% below the market value that could be obtained for the dwelling if there was no one living in the units; and 
• to restrict the sale would be unduly difficult or would cause hardship to the landlord. 

Landlords are obliged to offer the tenant an opportunity to relet the property if they do not sell it within 9 months from the expiry of the notice.  

Click here for a sample Notice of Termination to use when ending a tenancy for this reason. 

5. Significant refurbishment of the property* 

A tenancy can be terminated where the landlord intends to carry out substantial refurbishment of the property. There is are additional criteria which a landlord must satisfy and provide when issuing a notice of termination using this reason.  

All landlords must state: 

• if planning permission is required,  
• the name of the contractor (if any), 
• the dates on which the intended works are to be carried out,  
• the proposed duration of the works.  

Notices of Termination must also contain or be accompanied by a certificate in writing of a registered professional (within the meaning of the Building Control Act 2007) stating that: 

• The proposed refurbishment or renovation works would pose a threat to the health and safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and; 
• Such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks.  

A landlord must offer the property back to the original tenant on completion of the works. The landlord must offer the tenancy back to the previous tenant(s) once the refurbishment works are completed.   

Click here for a sample Notice of Termination to use when ending a tenancy for this reason. 

6. The use of the property is changing* 

A tenancy can be ended if the landlord intends to change the use of the property, for instance, the landlord intends to change from a residential to commercial letting. In this case instance, the notice of termination must include, or be accompanied by a statement, setting out the intended use of the property, a copy of planning permission (if relevant) details of any work to be carried out, the name of the contractor, and the dates and proposed duration of the works. 

If the property becomes available for rent again within 12 months from the expiry date of the Notice, the landlord must offer the property back to the tenant that vacated on foot of a valid Notice of Termination.  

The landlord must offer the property back to the previous tenant if the property becomes available for re-let within 12 months from the expiry of the notice period. 

Click here for a sample Notice of Termination to use when ending a tenancy for this reason. 

Obligation on landlords to offer tenant opportunity to re-let where applicable  

When a landlord ends a tenancy for certain reasons (outlined above, Grounds 3-6), they must offer the previous tenant(s) the option to re-let the property, where the property becomes available again under certain conditions. 

Previously it was the tenant’s responsibility to provide their contact details to the landlord, in writing within 28-days from when they received the Notice of Termination if they wanted to be considered for an offer to re-let. This has changed - it is now the landlord’s responsibility to ensure that they have made every reasonable effort to obtain the tenant’s contact details and offer the property back where applicable. 

The RTB can assist in providing contact details of tenants to landlords for the purpose of facilitating a reletting offer. Please ensure to follow the process below:

STEP 1: Landlords must send a copy of all Notices of Termination to the RTB on the same day as the notice is served on the tenant(s). The Notice of Termination will be deemed invalid if this requirement is not met.  

STEP 2: Upon receipt of the Notice of Termination, the RTB will contact the landlord(s) and the tenant(s) and provide them with:   

• A statement setting out a summary of their tenancy rights and obligations and details of the RTB’s Dispute Resolution Service. 
• An invitation to the tenant(s) to provide their contact details in writing (email will suffice) to the RTB. The RTB will also request their consent to pass those details to the landlord so that the landlord can later contact them should the property become available to relet (under the specific reasons outlined above).

STEP 3: If the rented dwelling becomes available for relet as per the conditions set out above, the landlord must offer the property back to the previous tenant.  If the landlord has made reasonable efforts to get the contact details and contact the tenant but has been unsuccessful, they must contact the RTB in order for the RTB to pass those details to the landlord (assuming the tenant has consented to same). 

STEP 4: Upon receipt of the landlord’s request, the RTB will forward those details to the landlord. Where the tenant has not previously provided contact details to the RTB, the RTB will attempt to contact the tenant. The RTB will request them to provide up-to-date contact details and consent for the RTB to provide them to the landlord. The tenant will have 7-days to respond. 

STEP 5: If the tenant(s) then provides their contact details and consent, the RTB will pass them on to the landlord. The tenant will have a maximum of 7-days to accept or reject the offer to relet from the landlord.  

If the tenants contact details cannot be obtained, the RTB will confirm to the landlord that they can proceed to re-let the dwelling.

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