Eviction and just cause in Hayward: the local rules

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

What Hayward's code says

Hayward code What Hayward's code adds
Allowed at-fault reasons	Not paying rent the landlord is legally owed, unless the tenant lawfully withheld it. § 12-1.13 · code text The Tenant has failed to pay Rent to which the Landlord is legally entitled pursuant to the lease or Rental Agreement and under the provisions of state or local law, unless the Tenant has withheld Rent pursuant to applicable law. Continuing to substantially break important rental agreement terms after written notice to stop. § 12-1.13 · code text The Tenant has continued, after written notice to cease, to substantially violate any of the material terms of the Rental Agreement, except the obligation to surrender possession on proper notice as required by law, and provided that such terms are reasonable and legal and have been accepted in writing by the Tenant or made part of the Rental Agreement. Willfully causing or allowing substantial damage beyond normal wear and tear and refusing to pay reasonable repair costs and cease damaging the premises after written notice § 12-1.13 · code text The Tenant has willfully caused or allowed substantial damage to the premises beyond normal wear and tear and has refused, after written notice, to pay the reasonable costs of repairing such damage and cease damaging said premises. Refusing to sign a lawful new agreement that is substantially identical to the expiring one. § 12-1.13 · code text The Tenant has refused to agree to a new Rental Agreement upon expiration of a prior Rental Agreement, but only where the new Rental Agreement contains provisions that are substantially identical to the prior Rental Agreement, and is not inconsistent with local, state, and federal laws. Continuing, after written notice to stop, to be so disorderly that it destroys other residents' peace and quiet. § 12-1.13 · code text The Tenant has continued, following written notice to cease, to be so disorderly as to destroy the peace and quiet of other Tenants or occupants of the premises. Refusing the landlord legally required access to the unit after written notice to stop. § 12-1.13 · code text The Tenant has, after written notice to cease, refused the Landlord access to the unit as required by state of local law. The tenant is convicted of using the unit for an illegal purpose. § 12-1.13 · code text The Tenant is convicted of using the Rental Unit for any illegal purpose.
Units covered	All rental units, including residential units that do not meet the definition of a covered rental unit. § 12-1.13 · code text The application of Section 12-1.13 includes residential Rental Units that are not included within the definition of Covered Rental Units. Rental Units in a nonprofit cooperative owned, occupied, and controlled by a majority of the residents; Rental Units in specified nonprofit treatment, assistance, therapy, or structured-living facilities; and Rental Units in a residential Property where the owner of record occupies a unit as a principal residence and regularly shares kitchen or bath facilities with Tenants Applies: Exempt types of Rental Units § 12-1.13 · code text However, Section 12-1.13 shall not apply to the following types of Rental Units:
Allowed no-fault reasons	Good-faith substantial repairs needed for code or health and safety compliance that cannot be done while the tenant lives there. Applies: The landlord has all needed City of Hayward permits; the tenant gets the first right to move back in and relocation help. § 12-1.13 · code text The Landlord, after having obtained all necessary permits from the City of Hayward, seeks in good faith to undertake substantial repairs which are necessary to bring the Property into compliance with applicable codes and laws affecting the health and safety of Tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of Tenants of the building, and where such repairs cannot be completed while the Tenant resides on the premises. Good-faith removal of the unit from the rental market by demolishing it. Applies: The landlord has all needed City of Hayward permits; the tenant gets relocation help. § 12-1.13 · code text The Landlord, after having obtained all necessary permits from the City of Hayward, seeks in good faith to recover possession of the Rental Units, in order to remove the Rental Unit from the market by demolition. Good-faith move-in by the owner or a qualifying family member as their main home. Applies: The landlord owns at least 51% of record; no comparable unit in the property is already vacant; the tenant gets relocation help. § 12-1.13 · code text The Landlord seeks in good faith to recover possession for his or her own use or occupancy as his or her principal residence, or for the use and occupancy as a principal residence by the Landlord's spouse or domestic partner or by the Landlord's or the Landlord's spouse's child, parents, brother, sister, grandparents, or grandchildren. The landlord or lessor moves in as their main home, when the current rental agreement allows it. Applies: The tenant gets relocation help. § 12-1.13 · code text A Landlord or lessor seeks in good faith to recover possession of the Rental Unit for his or her occupancy as a principal residence and has the right to recover possession of the unit for his or her occupancy as a principal residence under an existing Rental Agreement with the current Tenants.

The California rule underneath

Where Hayward'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 Hayward need a reason to evict?

Hayward requires a listed reason, such as unpaid rent or owner move-in, to evict from all rental units except some exempt types.

Eviction and just cause in Hayward

Key points

What Hayward's code says

The California rule underneath

Who this affects

Frequently asked questions

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