The Glendale Rent Ordinance, officially called the Just Cause & Retaliatory Evictions Ordinance, seeks to prevent displacement by regulating evictions and prohibiting landlord harassment and retaliation. Codified at Glendale Municipal Code, Title 9, Chapter 9.30, the Glendale Rent Ordinance primarily protects Glendale tenants through the imposition of just cause for evictions, which require a landlord to assert a just cause to evict a tenant from a rental unit covered by the ordinance. The Glendale Rent Ordinance’s anti-retaliation provisions protect Glendale tenants from landlord harassment. Glendale tenants whose Glendale Rent Ordinance rights were violated likely have claims against their landlords and property managers.
Although the Glendale Rent Ordinance lacks rent control, Glendale tenants may be protected by California Rent Control, which limits rent increases on tenants in covered rental units. Click here to discover the tenant rights and rent limitations provided by California Rent Control (AB 1482).
To learn more about the Glendale Rent Ordinance, continue reading or contact Astanehe Law to discuss your tenant rights and options with an experienced tenant attorney. Unlike other tenant law firms – which may charge as much as $180 for a quick and informal consultation – initial consultations with an actual attorney are free at Astanehe Law.
The Glendale Rent Ordinance’s Eviction Protections
The Glendale Rent Ordinance’s eviction protections keep Glendale tenants housed by limiting evictions to scenarios where the landlord has an enumerated just cause reason to terminate a tenancy. Glendale landlords shall not terminate a tenancy unless they fulfill their Glendale Rent Ordinance obligations. Chiefly, the landlord must inform the tenant, in writing, of the just cause reason for the termination when terminating a tenancy. After serving the tenant with the written notice of termination of tenancy, the landlord must file a copy with the City of Glendale. A termination of tenancy notice that fails to comply with the Glendale Rent Ordinance is unlawful and void.
What are the Just Cause Reasons for Eviction Under the Glendale Rent Ordinance?
The Glendale Rent Ordinance contains twelve reasons a landlord can terminate a tenancy with just cause. The enumerated just cause reasons for eviction are:
- Tenant’s unlawful non-payment of rent;
- Tenant’s violation of and failure to correct a lawful lease term following written notice to correct;
- Tenant’s permitting of a nuisance at the property or damage to the rental unit;
- The tenant is using or permitting a rental unit or common area to be used for an illegal purpose;
- The remaining person in the unit at the end of a lease term is an unauthorized subtenant;
- Tenant’s failure to provide lawful access to the unit, after receiving landlord’s written notice of entry;
- The landlord seeks to demolish the unit or perform work on the unit or building that either cost eight times the amount of the monthly rent multiplied by the number of rental units that will be under construction or the work will render the unit uninhabitable;
- Owner move-in, relative move-in, or resident manager move-in eviction;
- Ellis Act eviction;
- To comply with a government agency Order to Vacate;
- To comply with a contractual agreement relating to the qualifications of the tenancy with a government entity, where the tenant is no longer qualified; and,
- Tenant’s continued violation of no-smoking rules, as defined by the Glendale Rent Ordinance. Glendale Municipal Code § 9.30.030.
What Rental Units are Covered by the Glendale Rent Ordinance’s Eviction Protections?
All dwelling units within the City of Glendale are covered, except the following units:
- Hotel rooms;
- Boarding or lodging houses rented to transient guests for less than thirty consecutive days;
- Housing in hospitals, convents, monasteries, churches, extended care facilities, asylums, nonprofit homes for the elderly, or dorms owned and operated by a school;
- Units buildings containing two or fewer units;
- Units part of a homeowners association (typically condominiums or timeshares), except where the landlord owns fifty percent or more of the units in the development;
- Units owned or operated by any government agency or with government-subsidized rent, such as the Section 8 program;
- Units that require intake, case management, or counseling as part of the occupation, and an occupancy agreement; or,
- Units subject to a covenant or agreement, such as a density bonus, inclusionary housing agreement, or an affordable housing agreement that restricts the rent. Glendale Municipal Code § 9.30.020.
What Documents Must a Glendale Landlord Provide to Terminate a Glendale Tenancy?
To terminate a tenancy under the Glendale Rent Ordinance, Glendale landlords must jointly serve the following on Glendale tenants:
- Written notice of termination, as required by California Civil Code section 1946, or a three day notice as required by California Code of Civil Procedure sections 1161 or 1161(a);
- Written notification containing a just cause reason for the termination with specific facts detailing the date, place, and allegations supporting the termination;
- For demolition eviction, the landlord must also serve the demolition permit on the tenant;
- For capital improvement/substantial rehabilitation evictions, the landlord must also serve any construction estimates and the construction schedule on the tenant; and,
- For no-fault evictions, a notice of the tenant’s right to relocation assistance. Glendale Municipal Code § 9.30.031.
As stated above, the Glendale Rent Ordinance requires landlords to serve a notice of potential eligibility of relocation assistance on tenants when terminating a tenancy. The text of the notice must state:
NOTICE: Under Title 9, Chapter 30 of the Glendale Municipal Code, a landlord must provide qualifying tenants this notice of the tenant’s eligibility for relocation assistance at the same time the landlord provides a notice of termination of tenancy or when a landlord provides a notice of a rent increase that will increase the rent to an amount more than seven percent (7%) during a twelve (12) month period and the tenant elects to not remain in the residential unit. Under Section 9.30.033(B), landlords are permitted to bank deferred rent increases, so a rent increase may be more than seven percent (7%) during a twelve(12) month period, but not more than fifteen percent (15%) over a twelve (12) month period, depending on the amount of prior deferred rent increases, before triggering relocation benefits. Unless part of a written lease renewal offer, tenant shall have fourteen (14) days to elect to vacate the unit and exercise relocation benefits pursuant to Sections 9.30.033 and 9.30.035. Qualifying Tenants are entitled to relocation assistance as follows: 1. For rental units located on a parcel containing three (3) or four (4) dwelling units, the product of three (3) times the amount of the actual rent; 2. For rental units located on a parcel containing five (5) or greater dwelling units. 3. If the tenant has occupied the unit for three (3) years or less, the product of three (3) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord; or: 4. When the overall household income is equal to or less than the Area Median Income (AMI) for Los Angeles County as determined by the United States Department of Housing and Urban Development, plus 30% of the AMI amount (i.e., 130% of AMI or less), then: i. If the tenant has occupied the unit for more than three (3) years but not more than four (4) years, the product of four (4) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord; ii. If the tenant has occupied the unit for more than four (4) years but not more than five (5) years, the product of five (5) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord; or, iii. If the tenant has occupied the unit for more than five (5) years, the product of six (6) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord.
Owner Move-In & Relative Move-In Evictions Under the Glendale Rent Ordinance
Under the Glendale Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in or relative move-in eviction, which requires the owner or qualified relative to reside in the unit following the termination of tenancy. Despite being a lawful just cause for eviction, the owner or qualified relative must actually intend to move into the rental unit to terminate the tenancy. Their failure to comply with the Glendale Rent Ordinance following an owner move-in or relative move-in eviction may result in a wrongful eviction claim.
Owner Move-In & Relative Move-In Defined Under the Glendale Rent Ordinance
An owner move-in eviction occurs where the landlord seeks to recover possession of the rental unit for themselves or their qualified relative, and will use and occupy the rental unit. Glendale Municipal Code § 9.30.030(H). To perform an owner move-in or relative move-in eviction, the landlord must be a natural person. Id. The landlord may only designate themselves or a qualified relative for only one owner move-in or relative move-in eviction per person for all of their properties in the City of Glendale. Id.
What Relatives Are Permitted to Effectuate A Relative Move-In Eviction?
Under the Glendale Rent Ordinance, the owner’s spouse, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents are permitted to move into a unit under a relative move-in eviction. Glendale Municipal Code § 9.30.030(H). A relative move-in eviction may only be performed where the owner of the property is a natural person. Id.
Following an Owner Move-In or Relative Move-In Eviction, How Long Must an Owner or Qualified Relative Reside in a Unit?
The Glendale Rent Ordinance does not specify a length of time that an owner or qualified relative must reside in a rental unit follow an owner move-in or relative move-in eviction.
Resident Manager Move-In Evictions Under the Glendale Rent Ordinance
In addition to being able to perform owner move-in and relative move-in evictions, Glendale landlords are permitted to evict a tenant so that a resident manager can move into their unit. Glendale Municipal Code § 9.30.030(H). A resident manager move-in eviction is allowed only where no vacant units are available for occupancy. Id. Where a resident manager already resides at the property, a landlord will not be able to perform a resident manager move-in eviction on any other unit. Instead, the landlord may only evict the existing resident manager to replace them with a new one. Id.
The Glendale Rent Ordinance’s Written One-Year Lease Requirement
The Glendale Rent Ordinance seeks to equalize landlord-tenant relations by requiring Glendale landlords to offer a written one-year lease. The one-year lease requirement ensures certainty for Glendale tenants and combats short-term rentals.
Must Glendale Landlords Offer A Written One-Year Lease?
Yes. Glendale landlords must offer a minimum one-year written lease to new tenants and existing tenants when serving a rent increase notice. Glendale Municipal Code § 9.30.025. Glendale landlords are not required to offer a one-year lease to existing tenants who are behind on rent. Id.
Acceptance of the one-year written least must be in writing. Id. Signing the lease is considered written acceptance. Id.
Glendale tenants can reject the one-year lease and sign a shorter lease term, if desired. Id.
Which Glendale Tenants are not Entitled to a Written One-Year Lease Offer?
The following Glendale tenants are not entitled to a written one-year lease offer:
- A subtenant leasing their unit from a tenant for less than a year;
- Units on a property with four or fewer units;
- Units leased to corporations; or,
- Units where the tenancy is an express condition of, or paid for, via the tenant’s employment, provided a written rental agreement or contract exists. Glendale Municipal Code § 9.30.025(H).
Landlord Notification of Written Lease Renewal
At least 90 days before the end of the lease term, Glendale landlords must notify, in writing, Glendale tenants that the one-year written lease is set to expire. Glendale Municipal Code § 9.30.025(F). Further, the landlord must offer a written lease renewal with a minimum term of one-year, unless the landlord asserts a just cause reason for eviction. Id. The written lease renewal offer must be in writing, state the proposed rent during the renewal lease term, and provide notice of the tenant’s potential eligibility for relocation assistance if the rent increase forces the tenant to vacate the unit. Id.
How Many Days Does a Glendale Tenant Have to Respond to the Landlord’s Written Lease Renewal Offer?
Following receipt of a written lease renewal, Glendale tenants have 60 days to notify the landlord of their acceptance or intention to vacate the rental unit. Glendale Municipal Code § 9.30.025(F). A tenant’s failure to accept the offer in writing is a rejection, so the tenant must respond in writing. Id.
What Happens After a Glendale Tenant Rejects a Written One-Year Lease Offer?
Where a Glendale tenant rejects a written one-year lease offer, the tenant and landlord may then contract for an oral or written lease that provides for a term of shorter duration. Glendale Municipal Code § 9.30.025(F).
Any time a tenant rejects a written one-year lease offer, the landlord must subsequently offer a written one-year lease jointly with any rent increase notices served on the tenant, provided the rent increase notice is served after at least one-year has passed since the tenant’s rejection of the prior written one-year lease offer. Glendale Municipal Code § 9.30.025(G).
What Are the Penalties for a Landlord’s Failure to Offer a Written One-year Lease?
Glendale landlords who fail to offer tenants a written one-year lease term will not be permitted to increase the rent until presenting the tenant with a written one-year lease. Glendale Municipal Code § 9.30.025(F).
The Glendale Rent Ordinance & Rent Increases
Despite not containing rent control – which would protect Glendale tenants from drastic rent increases – the Glendale Rent Ordinance regulates rent increase notices. For
How Does the Glendale Rent Ordinance Regulate Rent Increase Notices?
For tenants renting a unit on a property with at least five units, the landlord must serve a written one-year lease renewal offer when serving a rent increase notice. Glendale Municipal Code § 9.30.022. For tenants renting a unit on a property with at least three units, the landlord must serve a notice of eligibility for relocation assistance when increasing the rent when serving a rent increase notice. Id. Also, when the rent increase notice exceeds 7%, the landlord must serve a notice of potential eligibility to relocation assistance. Glendale Municipal Code § 9.30.035(I).
Glendale landlords who have not complied with these requirements may not increase the rent. If your landlord has not complied yet still increased the rent, the rent increase is null and void. Contact Astanehe Law to discuss your options with an experienced tenant attorney.
What Happens Where a Rent Increases Causes a Glendale Tenant to Vacate Their Unit?
If a Glendale landlord increases the rent by more than 7% than the rent the tenant paid during the prior twelve months and the rent increases causes the tenant to vacate their unit, the landlord must pay the tenant relocation assistance. Glendale Municipal Code § 9.30.033(A). Where the tenant exercises their right to relocation assistance, the tenant must do so within fourteen days of being served the rent increase notice. Id.
Units built after February 1, 1995, are not covered by this protection and tenants are not entitled to relocation assistance. Glendale Municipal Code § 9.30.033(C).
Can Landlord Bank Rent Increases to Avoid Paying Relocation Assistance?
Yes, the Glendale Rent Ordinance permits a landlord to bank an annual 7% allotments, which the landlord can utilize to avoid paying relocation assistance. Glendale Municipal Code § 9.30.033(B). However, the landlord may only accumulate three years of deferred rent increases – or 21%. Id. Additionally, where the landlord increases the rent by more than 15%, the tenant may elect to vacate the unit and receive relocation assistance. Id.
The Glendale Rent Ordinance’s Relocation Assistance
Are Glendale Tenants Entitled to Relocation Assistance?
Yes, Glendale tenants evicted through no fault of their own are entitled to relocation assistance. Glendale Municipal Code § 9.30.035(A). Under the Glendale Rent Ordinance, no-fault evictions are demolition evictions, substantial rehabilitation/capital improvement evictions, owner move-in evictions, relative move-in evictions, resident manager move-in evictions, Ellis Act evictions, and evictions performed to comply with a government agency Order to Vacate. Glendale Municipal Code §§ 9.30.030(G), (H), (I), and (J). Additionally, Glendale tenants forced out of their homes due to significant rent increases are entitled to relocation assistance where the rent increase is above 7%. Glendale Municipal Code § 9.30.033.
Which Glendale Tenants are Exempt from Relocation Assistance for No-Fault Evictions?
The Glendale Rent Ordinance exempts certain tenancies from entitlement to no-fault eviction relocation assistance. These include:
- Properties with two or fewer units;
- Accessory dwelling units;
- Single-family homes;
- Condominiums & townhomes;
- Prior to entering into the tenancy, the landlord provided the tenant with written notice that the unit was in the process of being converted to condominiums, demolished, and that the tenancy would be terminated;
- Resident managers being evicted so that a new resident manager may move into the unit;
- Government agency’s order to vacate due to hazardous conditions caused by a natural disaster or act of God; and,
- The tenant already receives relocation assistance from a government agency due to the eviction. Glendale Municipal Code § 9.30.035(E).
Which Glendale Tenants are Exempt from Relocation Assistance for Terminations Due to Large Rent Increases?
The Glendale Rent Ordinance exempts tenants in buildings built after February 1, 1995, from entitlement to relocation assistance following a large rent increase. Glendale Municipal Code § 9.30.035(F).
Glendale Rent Ordinance Relocation Assistance for No-Fault Evictions
For no-fault evictions, Glendale tenants are entitled to a relocation payment of two times the fair market rent as established by HUD for a comparable unit in Los Angeles County, plus an additional $1,000. Glendale Municipal Code § 9.30.035(A).
| Current Fair Market Rents (FY 2020) | ||||
| Studio | 1BR | 2BR | 3BR | 4BR |
| $1,279 | $1,517 | $1,956 | $2,614 | $2,857 |
Glendale Rent Ordinance Relocation Assistance for Large Rent Increases
Where a Glendale tenant vacates due to substantial rent increase – 7% where the landlord is not banking or 15% for all other rent increases – the landlord shall pay the following relocation assistance:
- For 3 and 4 unit properties, three times the tenant’s rent;
- For 5+ unit properties:
- For tenantswith a household income above $95,030, three times the tenant’s rent proposed in the rent increase notice where the tenant has occupied the unit for three or fewer years;
- For tenants with a household income equal to or below $95,030, the relocation assistance amount is the product of the number of years of occupation multiplied by the rent proposed in the rent increase notice, using the following multiples:
- For tenants occupying a unit for 0-3 years, 3x;
- For tenants occupying a unit for 3.1-4 years, 4x;
- For tenants occupying a unit for 4.1-5 years, 5x; and,
- For tenants occupying a unit for more than 5.1 years, 6x.
How Must Glendale Landlords Distribute Relocation Payments?
Glendale landlords must distribute relocation payments to each tenant in a unit ion a pro-rata share. Glendale Municipal Code § 9.30.035(C).
When Must Glendale Landlords Pay Relocation Payments?
For relocation assistance paid as a result of a no-fault eviction, half of the assistance must be given to the tenant within five business days after the service of the termination of tenancy notice, and half within five business days after the tenant vacates the rental unit. Glendale Municipal Code § 9.30.035(D)(1).
For relocation assistance paid due to a tenant vacating after a large rent increase, the landlord must pay half of the relocation assistance within five business days following the tenant’s written notice of their intention to vacate, and half within five business days following the tenant leaving the rental unit. Glendale Municipal Code § 9.30.035(D)(2). If the tenant ultimately does not vacate the unit, they must return the relocation assistance. Id.
Does the Glendale Rent Ordinance Bar Retaliation?
Yes, the Glendale Rent Ordinance prohibits retaliation against any tenant for asserting or exercising their rights under the Glendale Rent Ordinance, California Rent Control, or any other state or federal law. Glendale Municipal Code § 9.30.060(A). Retaliation is a defense to an unlawful detainer (eviction) action. Id. Further, retaliation may serve as a basis for recovering actual and punitive damages in a tenant action against the landlord. Id.
May Glendale Tenants Waive Provisions of the Glendale Rent Ordinance?
No, any waiver of the Glendale Rent Ordinance is against public policy and void. Glendale Municipal Code § 9.30.110.
What Damages May Glendale Tenants Recover for Landlord Violations of the Glendale Rent Ordinance?
The Glendale Rent Ordinance suggests a private right of action for landlord violations exists. Glendale Municipal Code § 9.30.050. A landlord who violates the Glendale Rent Ordinance’s eviction protections notice requirements is liable for the tenant’s attorney fees in a civil action. Id.
To discuss the Glendale Rent Ordinance, Glendale Ellis Act evictions, Glendale owner move-in or relative move-in evictions, Glendale wrongful eviction, or California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney.
Last updated: April 3, 2020.
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