Eviction laws under the Tenant Protection Act

The Tenant Protection Act of 2019 (TPA), enacted last fall, establishes regulations for just cause evictions. The laws primarily apply to apartment units, but may affect other types of residences in certain scenarios. Just cause is required if all tenants have lawfully occupied the residence for 12 consecutive months, or if at least one tenant has lawfully occupied it for 24 consecutive months. In addition, the landlord may be required to provide relocation assistance for no-fault just cause evictions.

The TPA provides several forms used for various types of just cause evictions. The primary distinction is between at-fault and no-fault evictions. The possible reasons for a no-fault eviction are intention to occupy, withdrawal from the rental market, demolition or renovation, or if a government agency determines the property to beĀ unfit for habitation through no fault of the tenant. At-fault evictions are much more complex, and may require either a Three-Day Notice to Perform or a Three-Day Notice to Quit. The latter is also the next step should the tenant not respond appropriately to the former. At-fault just cause may include a breach of lease terms, a default on payment, or criminal activity, among other possibilities.

You can find more information about the TPA at https://journal.firsttuesday.us/2020s-tenant-protection-act-part-i-just-cause-eviction/72036/, or you can call or email us for more information or assistance regarding tenancy or evictions.

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