Following the horrendous Casa del Pueblo eviction fiasco, the City of Ventura, also referred to as San Buenaventura, passed an urgency ordinance providing Ventura tenants with just cause for eviction protections for demolition or substantial remodeling evictions in May 2022.  Additionally, for these reasons, Ventura tenants are entitled to relocation payments when served with a termination of tenancy notice.  Codified at Chapter 8.1100 of the San Buenaventura Municipal Code and officially entitled, “Just Cause Evictions for Demolition and Substantial Remodel to Residential properties,” the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance provides Ventura tenants with eviction protections, relocation payments, and a private right of action.  This critical ordinance provides Ventura tenants with relocation to ease displacement’s disastrous consequences and fight back against landlord abuse.

Is My Unit Covered Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance?

Nearly every Ventura tenant is covered.  The Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance protects any dwelling or unit intended for human habitation.  San Buenaventura Municipal Code § 8.1100.010.  This includes, but is not limited to, single-family homes, apartment complexes, condominium complexes, single room occupancy living spaces, mobile homes, garages, sheds, rooms, and cooperative housing projects.  The Ordinance covers Ventura tenants living in any building, regardless of habitability conditions, or lawful status.

Does the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance Protect Subtenants?

Yes.  The Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance protects subtenants.  San Buenaventura Municipal Code § 8.1100.010.  The ordinance protects any person lawfully occupying a residential rental unit.

Does the Ventura Just Cause cover Property Managers and Other Landlord Agents for Demolition and Substantial Remodeling Evictions Ordinance?

The Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance does not directly apply to property managers and other landlord agents.  However, a property manager involved in wrongfully evicting or depriving a Ventura tenant for their rights under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance can be held liable for their misconduct.  Contact Astanehe Law for more details.

What Type of Evictions Does the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance Regulate?

Now, Ventura tenants must be served with just cause for eviction where the landlord seeks to recover the rental unit for certain reasons.  When seeking to recover possession of a rental unit based on an intent to demolish or substantially remodel the rental unit, Ventura landlords must assert the just cause reason for the eviction in a written termination of tenancy notice, and comply with additional requirements.

Before a landlord may serve a termination of tenancy notice to recover the rental unit from demolishing or substantially remodeling the rental unit, the landlord must obtain all necessary permits for the demolition or substantial remodeling work from the government.  San Buenaventura Municipal Code § 8.1100.030.

What is Substantial Remodeling Work?

Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance, substantial remodeling work means:

  • The replacement or substantial modification of the building or any structural, electrical, plumbing, or mechanical systems requiring a permit from the government; or,
  • The abatement of hazardous materials, such as lead-based paint, mold, or asbestos, that cannot be performed safely unless the Ventura tenant vacates for at least thirty (30) days.  San Buenaventura Municipal Code § 8.1100.010.

Cosmetic improvements alone, such as painting or decorating, or minor repairs, do not qualify as substantial remodeling work.  San Buenaventura Municipal Code § 8.1100.010.

What Must Notices to Vacate Served on Ventura Tenants for Demolition or Substantial Remodeling Work State to be Effective?

When serving a termination of tenancy notice under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance, the landlord must:

  • Provide the tenant thirty (30) or sixty (60) days advanced notice;
  • Assert the just cause reason for terminating the tenancy in writing;
  • Attach a copy of all permits for the demolition or substantial remodeling work to the termination of tenancy notice;
  • Describe the scope of the demolition or substantial remodeling work;
  • State why the demolition or substantial remodeling work cannot be accomplished in a safe manner without evicting the Ventura tenant; and,
  • Why the demolition or substantial remodeling work requires the Ventura tenant to vacate for at least thirty (30) days.  California Civil Code § 1946.2(b)(2)(D); San Buenaventura Municipal Code § 8.1100.030.

Please note that the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance does not apply to pending termination of tenancy notice issued on or before May 23, 2022.  San Buenaventura Municipal Code § 8.1100.030.

What Relocation Assistance Must Landlords Provide Ventura Tenants Displaced Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance?

Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance, Ventura tenants are entitled to relocation assistance when displaced due to demolition or substantial remodeling work.  San Buenaventura Municipal Code § 8.1100.030(C).  Specifically, Ventura tenants are entitled to relocation assistance in an amount equal to two (2) months’ rent when the landlord serves the termination of tenancy notice.

Alternatively, the landlord may waive the last two months’ rent in lieu of paying relocation assistance.  San Buenaventura Municipal Code § 8.1100.030(C).

Who is Responsible for Paying Ventura Tenant Relocation Payments Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance?

As specified above, landlords are responsible for paying relocation payments to Ventura tenants displaced from their homes or rooms due to demolition or substantial remodeling work.  San Buenaventura Municipal Code § 8.1100.030(C).

Does the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance Provide A Deadline for Paying Relocation Payments to Ventura Tenants?

Yes.  The Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance contains deadlines to provide relocation payments to Ventura tenants.  Ventura tenants must receive the relocation assistance payment within fifteen (15) calendar days of receiving the termination of tenancy notice.  San Buenaventura Municipal Code § 8.1100.030(C).

Must A Ventura Tenant Vacate Their Home When the Landlord Fails to Pay Relocation Payments?

Generally, a Ventura tenant is not required to leave their home when the landlord fails to pay relocation payments required under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance.

How Are Ventura Tenants Fighting Back Against Landlord Abuse of the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance?

Ventura tenants facing retaliation, harassment, or a denial of their rights relating to the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance have several options for fighting back.

Ventura tenants may complain to the following entities serving Ventura:

  • Ventura Community Development Department by phone or online;
  • Ventura City Attorney’s office by email or by phone;
  • Legal Aid of Ventura by phone; or,
  • CLRA Oxnard by phone.

Additionally, Ventura tenants may file a lawsuit against a landlord that does not comply with the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance or where the Ventura tenant faces retaliation for exercising any rights afforded under the Ordinance.  San Buenaventura Municipal Code § 8.1100.050.  In court, Ventura tenants may recover a civil penalty of up to $15,000.00 and their attorney fees and costs for a landlord’s intentional violation of the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance.

To discuss your rights under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance, your rights as a Ventura tenant, California Rent Control (AB 1482), contact Astanehe Law, including by phone or email to speak with a tenant attorney.