Violated part of the lease
If you are violating part of the lease AFTER receiving written notice to stop
Then this is a valid Just Cause reason for eviction. You can try to negotiate with your landlord for more time or even money to move if you are willing to your move out without conflict on the agreed upon date. It may be best to have a lawyer help you make the agreement, especially if it involves a buy-out. Get legal help here.
If you are not violating the lease OR you did not receive written notice to stop beforehand
Then this is NOT a valid reason for eviction and you will need to write a letter to your landlord stating that the notice is not valid. Send your landlord the signed and dated letter via certified mail and keep a copy.
If your landlord is claiming you violated your lease by adding roommates, or replacing a departing roommate:
You have the right to add additional occupants and for one-for-one replacement of roommates
- Tenant cannot be evicted for adding new occupants to the unit if the landlord unreasonably refuses a tenant’s written request and if the total number of occupants is or will be at or below the following:
- 2 people in a studio apartment
- 3 people in a one-bedroom
- 4 people in a 2-bedroom
- 6 people in a 3-bedroom
- 8 people in a 4-bedroom.
- If the state occupancy limits (based on square footage) are less than that amount of people allowed above, then the amount of people allowed by state occupancy limits is the maximum allowed amount.
- A landlord can only refuse a specific new occupant is they have a good reason. If a landlord fails to respond to the tenant’s written request to add the occupant within 14 days, the occupant is considered approved. The rent board is currently deciding what constitutes an unreasonable refusal, however, a landlord’s good reason for rejecting the occupant cannot be based on the occupant’s credit, income level, or criminal-legal background if they will be a subtenant who won’t pay any rent directly to the landlord. The new occupants will not be considered ‘original tenants’ for purposes of rent control and remaining original tenants will bear the legal responsibility for paying rent on the entire unit. When all of the original tenants move out, the landlord will be able to raise the rent without restriction.
- If a landlord wants to evict a tenant for subletting or having too many people, the landlord must first give a tenant a notice 14 days in advance to allow them to cure the violation, including by having the person apply to the landlord as an occupant.
- If a landlord prevents a tenant from moving in new occupants at or below the legal maximum, the tenant can seek a rent reduction from the Rent Adjustment Program.
- If your landlord is attempting to charge you for additional tenants, see our Rent Increase and FAQ pages for more info.