Eviction and just cause in Emeryville: the local rules

Each rule below links to the section of the Emeryville Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Emeryville's code says

Emeryville code What Emeryville's code adds
Allowed at-fault reasons	Failure to pay rent, breach of rental contract, tenant illegal activities, violations of applicable health and safety code, failure to allow landlord access, tenant rejection of a written lease extension, violation of occupancy restrictions, landlord returning from sabbatical to occupy the unit, landlord returning from deployment, and landlord condominium conversion. § 5-40.03 · code text (1) For Cause Terminations. If a landlord can show any of the following circumstances with respect to a termination of tenancy, the termination will qualify as for cause. Not paying rent within 3 days of a written demand (3-Day Notice). § 5-40.03 · code text Tenant failed to pay rent within three (3) days of receiving written notice from the landlord demanding payment in accordance with California Code of Civil Procedure Section 1161.2 (3-Day Notice). Landlord returns from sabbatical to live in a single unit they rented out for up to 1 year. Applies: The unit was the owner's home in the prior calendar year, and the landlord plans to return as primary resident. § 5-40.03 · code text Landlord has temporarily rented or leased the entirety of a single covered unit for up to and including one (1) year, when that covered unit qualified as an owner-occupied residence during the calendar year prior to the temporary rental Tenant allowed unapproved long-term occupants beyond 2 persons per bedroom plus 1. Applies: When unapproved long-term occupants would exceed that limit. § 5-40.03 · code text the unapproved, long-term occupants of the unit would cause the number of persons living in the unit to exceed the total of two (2) persons per bedroom in the unit plus one (1).
Allowed no-fault reasons	Landlord will soon demolish the unit or permanently take it out of residential rental use. § 5-40.03 · code text Landlord will imminently demolish the unit or otherwise permanently remove the unit from any residential rental use or purpose. Landlord or their parent or child soon moves in as a permanent home: 10+ months a year, for 2+ years. § 5-40.03 · code text Landlord, or one of landlord's parents or children, will imminently move into and reside in the housing unit as his or her permanent residence no less than ten (10) months of any calendar year, for no less than two (2) years from the termination of tenancy. The unit is unfit to live in and is taken off the market temporarily for repairs, then returned. § 5-40.03 · code text The unit must be temporarily removed from the rental market because the unit is not currently fit for human habitation, but will be repaired and returned to the rental market. The unit is taken off the market temporarily because permitted, planned improvements will soon make it unfit to live in. § 5-40.03 · code text The unit must be temporarily removed from the rental market because it will imminently become unfit for human habitation because of planned capital improvements and other necessary rehabilitation, for which the landlord currently possesses all necessary permits

The California rule underneath

Where Emeryville's rule above does not cover a situation, state law still applies. For the statewide rule on its own, see Just-cause eviction in California.

CA state law The statewide rule underneath
Just cause required	After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice Applies: Covered units only (§ 1946.2(e) exempts, among others, housing built in the last 15 years and single-family homes or condos not owned by a corporation or REIT when the tenant got the required notice). If new adult tenants joined before anyone reached 24 months, all tenants need 12 months or one needs 24. Civ. Code § 1946.2(a)
Chance to cure first	For a curable lease violation, the owner must first serve a notice to cure before a 3-day notice to quit Civ. Code § 1946.2(c)
Just cause — new construction exemption	Housing with a certificate of occupancy issued within the previous 15 years is exempt (rolling) Applies: Mobilehomes excepted. Civ. Code § 1946.2(e)(7)
Just cause law sunset	§ 1946.2 is repealed on January 1, 2030 unless extended Civ. Code § 1946.2(n)

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

Does a landlord in Emeryville need a reason to evict?

Emeryville's eviction causes include unpaid rent after a 3-day notice, lease breach, and owner, parent or child move-in for 2+ years.

Eviction and just cause in Emeryville

Key points

What Emeryville's code says

The California rule underneath

Who this affects

Frequently asked questions

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