What are Just Cause Evictions?

‘Tis the season for ghosts, goblins, and all things scary. So, what could be more frightening than an encounter with an eviction notice on Halloween? According to the Eviction Lab at Princeton University, in a typical year, landlords file 3.6 million eviction cases. An eviction occurs when the owner/manager of a residence removes a renter from their property. And at a time when affordable housing shortages exist in the U.S., no-cause evictions make an already difficult situation worse.

Just Cause Evictions

In an effort to prevent displacement and promote housing stability, just cause eviction legislation—also known as “good cause” or “for cause” evictions—has been introduced and passed in several state and local jurisdictions. Just cause eviction laws provide legal protection for renters by limiting the reasons landlords can evict them or refuse to renew a lease when they’re not at fault or in violation of any law. Overall, these laws were put in place to prevent arbitrary, retaliatory, or discriminatory evictions.

Presently, only five states (California, New Hampshire, New Jersey, Oregon, and Washington) have enacted just cause eviction laws. Currently, no federal laws exist and specific protections vary by jurisdiction. As a result, many housing advocates have focused their efforts on passing local just cause laws and other tenant protections.

Just cause evictions usually involve substantial violations such as:

• Nonpayment of rent
• Lease violations
• Disturbance or disorderly conduct
• Criminal activity
• Substantial damage to the unit or property
• Intent for landlords to sell, repair, or move into a unit

Just cause eviction laws can provide the following protections for renters:

• Prevents evictions for no fault of their own
• Delivers a sense of stability to their household
• Discourages self-evicting when eviction notices are received from landlords
• Empowers those experiencing poor living conditions, discrimination, or other illegal behavior to advocate for improvement or file complaints without fear of retaliation
• Shields them from unreasonable rent increases
• Offers a more equitable relationship with landlords

Industry Positions on Just Cause Eviction Policy

The National Apartment Association (NAA) serves as a leading voice and prominent resource for the rental housing industry through advocacy, education, and collaboration. NAA’s position on just cause eviction laws is as follows:

“NAA opposes the adoption of just cause eviction laws. Such requirements adversely shift the balance in the landlord and tenant relationship to the detriment of other residents and the community as a whole. These policies put good residents at-risk by limiting the ability of housing providers to manage their properties and act quickly to remove problem residents.”

The National Association of Residential Property Managers (NARPM®) exists to support and empower professionals to elevate the property management industry through professional development, advocacy, and community. NARPM’s position on just cause eviction laws is as follows:

“NARPM® recognizes that eviction is a last resort when other efforts to resolve lease violations have failed, but we also recognize that eviction is a necessary tool to protect the interests of the property owner, deter bad tenant behaviors, and to help ensure fairness and safety for other residents. We believe that eviction laws should respect the terms of a lease and should strike a fair balance between the rights and interests of landlords and tenants. We oppose efforts to lengthen the amount of time or otherwise make it more difficult for landlords to evict tenants who have broken the terms of the lease… Likewise, we oppose so-called just cause eviction laws or similar initiatives that eliminate a property owner or operator’s right to serve a non-renewal notice on a resident at the end of the lease term or that would require an owner to “show cause” and obtain a court order to terminate a lease.”     

Lisa Marvin, CEO and Partner of Essence Property Management, Inc., offers her perspective on just cause eviction laws:

“It’s important for housing providers to have the same legal right that residents have to give notice. Providers argue that just cause eviction laws infringe on their ability to make autonomous decisions about their property, which can interfere with their discretion to manage renter relationships. Just-cause requirements can also make it more difficult for them to maintain profitability. As a result of these laws, providers may struggle to respond if a resident disrupts the community by their conduct, impacting the property’s overall desirability and, possibly, its market value. Just-cause statutes often lead to more complex legal processes and require comprehensive documentation and evidence for each eviction, potentially increasing legal expenses and administrative time. Further, there is concern that these laws disincentivize new housing investments or improvement in existing rentals. If providers perceive a regulatory environment as overly restrictive, they may decide against developing or investing in market-rate rental properties, which can inadvertently reduce overall housing supply, particularly in high-demand urban areas. Finally, in some cases, renters may take advantage of the limitations imposed by just-cause eviction laws, creating an environment where it’s difficult to address behavior that affects the quality of life for other residents.”

Rent Manager’s Eviction Workflows Feature

In the event that an eviction is necessary at your property, Rent Manager’s Eviction Workflows feature can help you simplify the complex task of managing this process. Using the Eviction Workflows tool, you can track crucial data needed for court proceedings, avoid missteps that cause delays, and provide your team visibility into eviction statuses, notes, and history. Additionally, you can customize processes at the property level in the software, tailoring them to the specific regulations of each jurisdiction where your properties are located. Check out our video below to learn more.

Conclusion

The eviction process can be a scary experience for everyone involved. Not only is it highly stressful and potentially traumatic, but the process also can be time-consuming, costly, and complicated. Therefore, it’s crucial for you and your team to be knowledgeable on all eviction legislation in your area, how these laws can affect your property, and the many ways our Eviction Workflows solution can help.