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Legislative Year: 2024 Change

Bill Detail: HB24-1098

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Title Cause Required for Eviction of Residential Tenant
Status Sent to the Governor (04/10/2024)
Bill Subjects
  • Housing
House Sponsors M. Duran (D)
J. Mabrey (D)
Senate Sponsors J. Gonzales (D)
N. Hinrichsen (D)
House Committee Transportation, Housing and Local Government
Senate Committee Local Government and Housing
Date Introduced 01/24/2024

The bill prohibits a landlord from evicting a residential tenant
unless the landlord has cause for eviction. Cause exists only when:
  • A tenant or lessee is guilty of an unlawful detention of real
property under certain circumstances described in existing
law, as amended by the bill; or
  • Conditions exist constituting grounds for a no-fault
The following conditions constitute grounds for a no-fault
eviction of a residential tenant, with certain limitations:
  • Demolition or conversion of the residential premises;
  • Substantial repairs or renovations to the residential
  • Occupancy assumed by the landlord or a family member of
the landlord;
  • Expiration of time-limited housing operated by a
mission-driven organization; and
  • Withdrawal of the residential premises from the rental
market for the purpose of selling the residential premises.
A landlord that proceeds with a no-fault eviction in violation of
certain notice requirements or other restrictions must provide relocation
assistance to the tenant in the amount of 2 months' rent plus one
additional month of rent if any of the following individuals reside in the
residential premises:
  • An individual who is under 18 years of age or at least 60
years of age;
  • An individual whose income is no greater than 80% of the
area median income; or
  • An individual with a disability.
If a landlord proceeds with an eviction of a tenant without cause,
the tenant may seek relief as provided in existing laws concerning
unlawful removal of a tenant and may assert the landlord's violation as an
affirmative defense to an eviction proceeding.
Current law allows a tenant to terminate a tenancy by serving
written notice to the landlord within a prescribed time period, based on
the length of the tenancy. For the purpose of such notices, certain
provisions apply, including the following:
  • Any person in possession of real property with the assent
of the owner is presumed to be a tenant at will until the
contrary is shown; and
  • Certain provisions concerning notices to quit do not apply
to the termination of a residential tenancy if the residential
premises is a condominium unit.
The bill eliminates these provisions.
Current law requires the management of a mobile home park to
make a reasonable effort to notify a resident of the management's
intention to enter the mobile home space at least 48 hours before entry.
The bill increases this notice period to 72 hours.

Committee Reports
with Amendments
Full Text
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Fiscal Notes Fiscal Notes (01/26/2024) (most recent)  
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