Although AWC did not directly engage on the “just cause” eviction reform bill HB 1236, many cities followed the issue closely over several years as it relates to housing stability.

Under state law prior to passage of HB 1236, defined term leases ended on the date agreed to by the rental agreement between the landlord and tenant. Month-to-month, or periodic, leases continued indefinitely until either party provided the other with at least 20-day written termination notice. Neither landlords nor tenants needed to provide a reason for termination. The 20-day timeline was seen by many as too short for tenants to save up for the costs of moving, first and last month’s rent and security deposits, in addition to finding another place to rent.

Under HB 1236, if a rental agreement provides for the tenancy to continue for an indefinite period after the agreement expires, a landlord may end the tenancy at the end of the initial period without cause if the initial rental term is between six months and one year and the landlord provides the tenant with at least 60 days' written notice. When a rental agreement is for a specified period and does not continue for an indefinite period or on a month-to-month basis after the specified period expires, the landlord may end the tenancy without cause only if:

• The initial agreement is for one year or more, or the landlord and tenant have continuously entered into successive rental agreements of six months or more since the inception of the tenancy;
• The landlord provides at least 60 days' written notice to the tenant before the end of the specified period; and
• The tenancy has not been for an indefinite period on a month-to-month or periodic basis at any point, unless a rental agreement was entered into for a monthly or periodic tenancy between the effective date of this act and three months following the expiration of the Governor's eviction moratorium.

For all other tenancies of a specified period, and for tenancies on a monthly or periodic basis, HB 1236 requires a landlord to provide a valid reason – otherwise known as “just cause”—to evict, refuse to continue a tenancy, or end a periodic tenancy. The following are the only allowable causes, subject to various notification periods:

1. Failure to pay rent;
2. Substantial breach of a material program requirement of subsidized housing, material term of rental agreement, or tenant obligation imposed by law that has not been remedied;
3. Committing or permitting waste or nuisance, unlawful activity that affects the use and enjoyment of the premises, or other substantial or repeated interference with the use and enjoyment of the premises;
4. Landlord, in good faith, seeks possession so that the owner or his or her immediate family may occupy the unit as the principal residence and no substantially equivalent unit is vacant and available;
5. Owner elects to sell the premises, a single-family residence;
6. Premises is to be demolished, substantially rehabilitated, or there is a change of use;
7. Owner elects to withdraw the premises from the rental market to pursue a conversion;
8. Premises are condemned by a local agency;
9. Service of notice to quit or vacate by the owner or lessor with whom the tenant shares the dwelling unit or access to a common kitchen or bathroom area;
10. Transitional housing program expires, the tenant ages out of a program, or the tenant has completed a program and is no longer eligible;
11. Rental agreement has expired, the landlord proffers a new rental agreement at least 30 days prior to the expiration, and the tenant does not sign;
12. Intentional and knowing misrepresentation or omission of material information on the tenant's application that, had the misrepresentations or omissions not been made, would have caused the landlord to request additional information or take adverse action;
13. Other good cause which constitutes a legitimate economic or business reason;
14. Four or more violations of a substantial breach of a subsidized housing requirement, material term of the lease, or tenant obligation under law that were cured by the tenant within the previous 12-month period and the landlord provided a written notice for each violation;
15. Tenant is legally required to register as a sex offender during the tenancy, or failed to disclose a requirement to register as a sex offender when required in the rental application or otherwise known to the property owner at the beginning of the tenancy;
16. Tenant makes unwanted sexual advances or commits other acts of sexual harassment directed at the property owner, manager, employee, or another tenant based on race, gender, or protected status in violation of a lease term or covenant.

HB 1236 contains an emergency clause which means it goes into effect once signed by the Governor.