Pomona Urgency Ordinance No. 4320’s Just Cause for Eviction Protections
The Pomona Urgency Ordinance also contains a provision requiring just cause when attempting to terminate a Pomona tenant’s tenancy. These provisions regulate why a landlord may evict a tenant and require relocation payments to Pomona tenants for certain no-fault evictions. Pomona tenants forced from their home in violation of this provision have suffered a wrongful eviction, and may recover money damages in a civil lawsuit.
Am I Covered Under the Pomona Rent Ordinance’s Just Cause for Eviction Protections Provisions?
All units within the City of Pomona are covered under the Pomona Rent Ordinance’s just cause for eviction protection provisions. Pomona Urgency Ordinance No. 4320 § 4. Accessory dwelling units and unpermitted units are covered.
What Are the Just Causes for Eviction Under the Pomona Rent Ordinance?
The Pomona Rent Ordinance provides x just cause reasons for evictions. Under the law, Pomona tenants may only be required to vacate their homes where the landlord serves valid written notice terminating the tenancy expressly stating a just cause reason for the termination. The just cause reasons for terminating a tenancy specified in the Pomona Rent Ordinance are:
- The Pomona tenant failed to pay rent within three (3) days of receiving written notice from the landlord demanding payment;
- The Pomona tenant violated a material term of the lease agreement and failed to cure the violation within ten (10) days after receiving written notice from the landlord of the violation;
- The Pomona tenant continues, after receiving lawful written request, to refuse to allow reasonable access to the landlord in accordance with California Civil Code section 1954;
- The Pomona tenant, or their guest, is causing damage or a nuisance to the rental unit or common area, or otherwise interfering with the comfort, safety, or enjoyment of any other resident at the property. Nuisance includes creating unsanitary conditions, gang-related crime, drug dealing, noise complaints, steady traffic to and from the unit, barricaded units, displaying weapons, or drug loitering;
- The Pomona tenant, or their guest, is using the unit, or common areas, for an illegal purpose, such as committing a crime, or threatening violent crime;
- The landlord seeks to demolish the rental unit;
- The landlord seeks to perform an Ellis Act Eviction, and remove the unit permanently from the rental housing market;
- The landlord seeks to perform work on the unit or building, and:
- The work costs not less than eight (8) times the amount of the monthly rent times the number of rental units upon which such work is performed;
- The work will render the Pomona tenant’s rental unit uninhabitable for at least thirty (30) days.
- The landlord seeks to recover the rental unit to perform an owner move-in or relative move-in eviction;
- The landlord seeks to recover the rental unit to comply with a government agency’s order to vacate; and,
- The landlord seeks in good faith to recover possession of the rental unit to comply with a contractual agreement relating to the qualifications of tenancy with a government entity, where the tenant is no longer qualified. Pomona Urgency Ordinance No. 4320 § 6.
What Must Landlords Serve Pomona Tenants When Terminating A Tenancy Covered Under the Pomona Rent Ordinance?
Landlords must serve the following on Pomona tenants when terminating a tenancy covered under the Pomona Rent Ordinance:
- 30/60 day written notice of termination of tenancy stating a lawful just cause reason for the termination;
- Relocation payment, if applicable;
- Written notice of the Pomona tenant’s right to relocation assistance.
Additionally, the landlord must submit a copy of the notice of termination to the City of Pomona along with a proof of service indicating service on the tenant. Pomona Urgency Ordinance No. 4320 § 6(b)(4). A landlord’s failure to comply with these requirements renders the termination of tenancy notice void. The Pomona tenant need not vacate their unit until the landlord serves a valid termination of tenancy notice complying with the law. Further, any landlord non-compliance shall oprate as a defense in an unlawful detainer (eviction) action based on the invalid termination of tenancy notice.
Does the Pomona Rent Ordinance’s Just Cause for Eviction Protections Provisions Apply to Termination of Tenancy and Eviction Notices Served Before But Take Effect August 1, 2022?
For Pomona tenants facing termination of tenancy notices and eviction notices served before August 1, 2022, but taking effect after that date, the notice is not valid so long as the Pomona tenant has not vacated their rental unit. Pomona Urgency Ordinance No. 4320 § 6(a).
If I Am Covered Under the Pomona Rent Ordinance, What Happens if My Landlord Accepts Rent After the Termination of Tenancy Notice Expires?
Where a Pomona tenant remains in their home after a termination of tenancy notice expires and pays rent, the termination of tenancy notice becomes invalid by virtue of the landlord accepting the Pomona tenant’s tender of rent. Pomona Urgency Ordinance No. 4320 § 6(b)(2).
My Former Landlord Violated the Pomona Rent Ordinance, Do I have a Claim?
Yes, you may have a claim for wrongful eviction, which could entitle you to money damages. To discuss the Pomona Rent Ordinance, Pomona Ellis Act Evictions, Pomona Owner Move-In Evictions, Pomona Rent Control, Pomona wrongful evictions, or California Rent Control (AB 1482) with a tenant attorney, contact Astanehe Law.
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