Los Angeles Just Cause for Eviction Protections
The Los Angeles Rent Stabilization Ordinance’s eviction protections keep Los Angeles tenants housed by limiting evictions to instances where the landlord has an enumerated just cause reason to terminate a tenancy. Los Angeles landlords shall not take any action to terminate a tenancy, such as demanding a tenant vacate, threatening to evict a tenant, or filing an unlawful detainer when lacking a just cause reason to terminate the tenancy. When terminating a tenancy, the landlord must inform the tenant, in writing, which just cause reason for eviction they are asserting. A termination of tenancy that does not comply with the Los Angeles Rent Stabilization Ordinance’s just cause for eviction protections is unlawful and void.
Is My Unit Covered Under the Los Angeles Rent Stabilization Ordinance?
Most rental units built on or before October 1, 1978 within City of Los Angeles are covered under the Los Angeles Rent Stabilization Ordinance’s just cause for eviction protections provisions. Los Angeles Municipal Code § 151.02. The Los Angeles Rent Stabilization Ordinance covers mobile homes, recreational vehicles in mobile home parks. The Los Angeles Rent Stabilization Ordinance does not apply to:
- Single-family homes;
- Rooms in hotels, motels, inns, and other similar buildings where the occupancy is for thirty (30) days or fewer;
- Units in nonprofit stock cooperatives while occupied by a shareholder tenant;
- Hospital, state licensed community care facility, convent, monastery, extended medical care facility, asylum, fraternity or sorority house accommodations, or any accommodations owned, operated, or managed by a school;
- Accommodations owned and operated by the Los Angeles City Housing Authority, or which a government agency owns, operates, or manages the unit and which are specifically exempted from the Los Angeles Rent Stabilization Ordinance;
- Luxury Housing Accommodations;
- Substantially renovated units;
- Affordable housing accommodations;
- Housing accommodations in limited equity housing cooperatives;
- Mobilehome parks for which a permit to operate was issued after February 10, 1986;
- Accommodations in an interim motel housing project. Los Angeles Municipal Code § 151.02.
What Are the Just Cause Reasons for Eviction Under the Los Angeles Rent Stabilization Ordinance?
The Los Angeles Rent Stabilization Ordinance lists fifteen (15) just cause reasons to terminate a tenancy. No landlord shall terminate a tenancy without asserting one of the follow just cause reasons for terminating a tenancy:
- The Los Angeles tenant fails to pay rent;
- The Los Angeles tenant violates a lease provision or tenancy obligation and fails to cure the violation after receiving written notice from the landlord, except for violations based on:
- The obligation to surrender possession upon proper notice;
- The obligation to limit occupancy, providing the additional occupant is either the first or second dependent child or the sole additional adult tenant; or,
- A change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties;
- The Los Angeles tenant is committing or permitting a nuisance in or is causing damage to, the rental unit or the common areas, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the property, or within a 1,000 foot radius of the property;
- The Los Angeles tenant is using the unit or common area for an illegal purpose;
- The Los Angeles tenant, with a written lease agreement, refuses, after the landlord’s written request or demand, to execute a written extension or renewal for a further term of like duration with similar provisions and in such terms as are not inconsistent with or violate any provision of this chapter or any other provision of law;
- The Los Angeles tenant has refused the landlord reasonable access to the unit to make repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee;
- The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord;
- The landlord seeks in good faith to recover possession of the rental unit for use and occupancy as a primary residence by themselves, their spouse, grandchildren, children, parents, or grandparents, or a resident manager;
- After complying with all requirements, the landlord seeks in good faith to recover possession of the rental unit to undertake primary renovation work in the unit or building, and the tenant is unreasonably interfering with the landlord’s ability to implement the requirements of the plan by:
- Failing to temporarily relocate as required by the plan; or,
- Failing to honor a permanent relocation agreement with the landlord.
- The landlord seeks in good faith to recover possession of the rental unit to demolish the rental unit;
- The landlord seeks in good faith to recover possession of the rental unit to perform an Ellis Act eviction;
- The landlord seeks in good faith to recover possession of the rental unit to comply with a governmental agency’s order to vacate, order to comply, order to bate, or any other order that necessitates the vacating of the building housing the rental unit as a result of a violation of the Los Angeles Municipal Code or any other provision of law;
- The Secretary of Housing and Urban Development is both the owner and plaintiff and seeks to recover possession in order to vacate the property prior to sale and has complied with all tenant notification requirements under federal law and administrative regulations;
- The rental unit is in a residential hotel, and the landlord seeks to recover possession of the rental unit to convert or demolish the unit; and,
- The landlord seeks to recover possession of the rental unit to convert the subject property to an affordable housing accommodation in accordance with an affordable housing exemption issued by the City. Los Angeles Municipal Code § 151.09.
As a Los Angeles Tenant in a Covered Unit, What Written Notices Must My Landlord Serve Me When Terminating the Tenancy?
When seeking to recover a rental unit covered by the Los Angeles Rent Stabilization Ordinance, the landlord shall serve on the Los Angeles tenant a written notice specifying the reasons for terminating the tenancy. Los Angeles Municipal Code § 151.09(C).
For termination of tenancy notices based on the Los Angeles tenant’s lease violation, nuisance, damage to the unit or common areas, unreasonable interference, illegal use, refusal to execute a new, similar written lease, or refusal to allow the landlord reasonable access, or where an unapproved subtenant remains in possession after the Los Angeles tenant vacates, the termination of tenancy notice must also set forth specific facts specifying the date, place, witnesses, and circumstances concerning the action.
For termination of tenancy notices based on an owner move-in eviction, relative move-in eviction, or resident manager move-in eviction, the landlord shall file with the City a declaration identifying the person to be moved into the unit, their move-in date, the Los Angeles tenant’s present rent, and the last rent increase date. Los Angeles Municipal Code § 151.09. The landlord must also serve this declaration on the Los Angeles tenant.
For termination of tenancy notices based on an the landlord’s good faith intention to recover possession of the rental unit from undertaking primary renovation work, the landlord shall file with the City, a declaration of the name of the tenant, a copy of the Tenant Habitability Plan accepted by the City, documentation of the landlord’s good faith efforts to provide the Los Angeles tenant with notice of the law, documentation of efforts to provide relocation assistance, and the reason for the termination with specific facts, including the date, place, witnesses, and circumstances concerning the reason for termination. Los Angeles Municipal Code § 151.09. The landlord must also serve this declaration on the Los Angeles tenant.
For termination of tenancy notice is based on illegal drug activity, the landlord shall file with the City a declaration specifying the reasons for the termination of tenancy. Los Angeles Municipal Code § 151.09.
For a termination of tenancy served by HUD and based on a prospective sale of the property, the landlord shall file with the City a declaration stating that the Secretary has complied with all tenant notification requirements under federal law and administrative regulations. Los Angeles Municipal Code § 151.09.
If I Am a Los Angeles Tenant in a Unit Covered Under the Los Angeles Rent Stabilization Ordinance, Can My Landlord Change My Lease to Prohibit Pets & Evict Me For Keeping A Preexisting Pet?
No, Los Angeles tenants in covered units with preexisting pets are protected from eviction for keeping the pet should their landlord change the terms of the tenancy and prohibit pets, except where the preexisting pet constitutes a nuisance that the Los Angeles tenant fails to abate upon receipt of notice. Los Angeles Municipal Code § 151.09(D).
Relocation Assistance for No-Fault Evictions Under the Los Angeles Rent Stabilization Ordinance
Under the Los Angeles Rent Stabilization Ordinance, landlords must provide relocation assistance for no-fault evictions, including owner move-in evictions, relative move-in evictions, Ellis Act evictions, and demolition evictions. Los Angeles Municipal Code § 151.09(G).
For termination of tenancy notices based on Los Angeles owner move-in evictions, Los Angeles relative move-in evictions, Los Angeles resident manager move-in evictions, Los Angeles demolition evictions, Los Angeles Ellis Act evictions, Los Angeles government agency evictions, HUD evictions for a prospective sale, permissible Los Angeles residential hotel evictions, and Los Angeles affordable housing conversion program evictions, displaced Los Angeles tenants are entitled to relocation assistance as follows:
- For Los Angeles tenants that have resided in their units for fewer than three (3) years, the landlord shall provide a relocation fee of:
- $16,650 to qualified tenants; and,
- $7,900 to all other tenants.
- For Los Angeles tenants that have resided in their units for three (3) years or longer, the landlord shall provide a relocation fee of:
- $19,700 to qualified tenants; and,
- $10,400 to all other tenants.
- For Los Angeles tenants with a household income that is below 80% or below Area Median Income (“AMI”), as adjusted for household size, as defined by HUD, regardless of the length of tenancy:
- $10,400.
When a resident-manager is evicted pursuant to a resident-manager move-in eviction notice, the existing resident-manager is not entitled to relocation assistance. Los Angeles Municipal Code § 151.09.
My Unit is Determined Unsafe or Hazardous Due to a Fire, Flood, Earthquake, or Other Event Beyond the Landlord’s Control, Am I Entitled to Relocation Assistance Under the Los Angeles Rent Stabilization Ordinance?
No, Los Angeles tenants displaced due to fire, flood, earthquake, or another event beyond the landlord’s control are not entitled to relocation assistance, except where the landlord did not cause or contribute to the condition. Los Angeles Municipal Code § 151.09.
Where More Than One Relocation Assistance Amount Applies, Which Amount Must Landlords Provide to Los Angeles Tenants?
Where more than one fee applies to a rental unit, the landlord shall pay the highest of the applicable fee.
May Los Angeles Tenants Appeal the Denial of an Income-Based Relocation Assistance Request?
Los Angeles tenants claiming eligibility based on income must file a statement with the city verifying their income on a form prescribed by the City of Los Angeles. Should a request for relocation assistance eligibility be denied, the Los Angeles tenant may appeal the denial with the City of Los Angeles within fifteen (15) calendar days of the date of the City’s denial.
How Must Landlords Distribute Relocation Assistance to Los Angeles Tenants?
Where only one Los Angeles tenant resides in a rental unit, the landlord must distribute the entire relocation assistance amount to that person. Los Angeles Municipal Code § 151.09.
Where two (2) or more Los Angeles tenants reside in a rental unit, the landlord must distribute the relocation assistance amount equally amongst the Los Angeles tenants.
What if my Landlord Fails to Pay Relocation Assistance?
Where a landlord fails to provide relocation assistance as required by the Los Angeles Rent Stabilization Ordinance, the Los Angeles tenant does not have to vacate their home. Los Angeles Municipal Code § 151.09.
Does the Los Angeles Rent Stabilization Ordinance Prohibit Retaliation?
Yes, the Los Angeles Rent Stabilization Ordinance prohibits landlords from serving termination of tenancy notices on Los Angeles tenants where the dominant intent in seeking to recover possession of a rental unit is retaliation against the Los Angeles tenant for exercising their tenant rights, including invalidating an unlawful rent increase, or complaining to a government agency regarding uninhabitable conditions in their home. Los Angeles Municipal Code § 151.09(B). However, the Los Angeles Rent Stabilization Ordinance’s anti-retaliation provision only applies where the Los Angeles tenant is not in default of their rent. Id.
My Landlord Violated the Los Angeles Rent Stabilization Ordinance, Do I Have A Claim?
Yes, you may have a claim for a Los Angeles wrongful eviction, which could entitle you to money damages. Unscrupulous Los Angeles landlords often increase rent to an amount in violation of the Los Angeles Rent Stabilization Ordinance, or in lieu of performing a Los Angeles Ellis Act eviction, or Los Angeles owner or relative move-in eviction. Contact Astanehe Law to discuss the Los Angeles Rent Stabilization Ordinance, Los Angeles Rent Control, or California Rent Control with an attorney today.
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