March 11, 2022
Guideline 9
Lease termination, including non-renewal, should be limited to circumstances where good cause exists.
Commentary:
A tenant who occupies a rental home under a term lease may not lawfully be evicted absent good cause - which usually means a serious or repeated violation of material terms of the lease. But for periodic (e.g., month-to-month) tenancies or expiring term leases, only a minority of jurisdictions require any valid reason be given for terminating or for declining to renew the tenancy. When such good cause requirements are absent, renters and their families lack basic security of tenure. Forcing a household to relocate imposes significant disruption and potential hardship on the tenant, and should not be allowed without a legitimate reason. Allowing eviction without cause invites abuse, enabling a discriminatory, retaliatory, or otherwise illegitimate motive for ending a tenancy to be easily concealed behind a "no cause" eviction.
Jurisdictions which do require good cause for ending a tenancy recognize and allow non-renewal or termination for a range of permissible reasons other than tenant lease violations, such as a landlord's intent to sell, substantially rehabilitate, or change the use of the property or to move in a family member. Good cause does not prevent a landlord from increasing the rent or otherwise changing the terms of the lease.