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The Oxnard Rent Ordinance’s eviction protections keep Oxnard tenants housed by limiting evictions to instances where the landlord has an enumerated just cause reason to terminate a tenancy.  Oxnard 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 (eviction lawsuit) when lacking or failing to assert a just cause reason to terminate the tenancy.  Where a landlord wishes to terminate a tenancy, the Oxnard tenant must receive written notice stating the just cause reason supporting the notice.  Any termination of tenancy that does not comply with the Oxnard Rent Ordinance’s just cause for eviction protections is unlawful and void.

What Are the Just Cause Reasons for Eviction Under the Oxnard Rent Ordinance?

The Oxnard Rent Ordinance lists fifteen (15) just cause reasons to terminate a tenancy.  No landlord shall terminate a tenancy without just cause if at least one tenant has continuously and lawfully occupied a residential real property for thirty (30) days.  The just cause reasons for eviction under the Oxnard Rent Ordinance are:

  1. The Oxnard tenant fails to pay rent;
  2. The Oxnard tenant breaches a material term of the lease, after receiving written notice to stop. Please note that this provision does not apply to:
    1. An Oxnard tenant’s purported violation of occupancy limits set by written lease where the additional occupant is a minor dependent (under 18 years), or a replacement roommate who moved in after an approved roommate vacates, provided the addition does not exceed the Uniform Housing Code’s occupancy limits;
    2. A change in terms of the tenancy that is not a result of an express written agreement signed by the landlord and Oxnard tenant, except when the change is authorized under the Oxnard Rent Ordinance, or any other law.
  3. The Oxnard tenant maintains, commits, or permits a nuisance in violation of California Code of Civil Procedure section 1161(4);
  4. The Oxnard tenant commits waste in violation of California Code of Civil Procedure section 1164(4);
  5. The Oxnard tenant’s written lease terminates after June 2, 2022, and the Oxnard tenant ignores or refuses a landlords written request to execute a similar lawful lease for an additional term of similar duration;
  6. The Oxnard tenant engages in criminal activity at the property, including in common areas, or makes a criminal threat, as defined by California Penal Code section 422(a), directed to the landlord or their agent, or any other occupant at the property, provided the landlord reported the criminal activity to law enforcement, and the Oxnard tenant has not been acquitted or found not guilty of any charge giving rise to the termination of tenancy, or charges are not filed against the Oxnard tenant;
  7. The Oxnard tenant assigns or sublets the all or a portion of their rental unit in violation of the written lease agreement in violation of California Code of Civil Procedure section 1161(4), except where the Oxnard tenant:
    1. Requests permission from the landlord to sublease the unit;
    2. The Oxnard tenant continues residing in the unit as their primary residence;
    3. The subtenant/roommate replaces one or more departed tenants under the lease on a one-for-one basis; and,
    4. The landlord fails to respond to the tenant in writing within a reasonable time. Where the lease is for one (1) year or less, the landlord’s silence is deemed an approval;
  8. The Oxnard tenant refuses to allow the landlord to enter the rental unit as authorized by law;
  9. The Oxnard tenant uses the rental unit for an unlawful purpose in violation of California Code of Civil Procedure section 1161;
  10. The Oxnard tenant, also working as an employee for the landlord, fails to vacate after their termination in violation of California Code of Civil Procedure section 1161(1);
  11. The Oxnard tenant fails to deliver possession of the residential real property after providing the landlord written notice as provided in California Code of Civil Code section 1946, or makes a written offer to vacate that the landlord accepts in writing as provided in California Code of Code of Civil Procedure section 1161(5);
  12. The landlord seeks to perform an owner move-in or relative move-in eviction;
  13. The landlord seeks to perform an Ellis Act eviction;
  14. The landlord must comply with a government agency or court order to vacate relating to habitability issues;
  15. The landlord seeks to demolish or substantially remodel the property;
    1. Please note that Oxnard tenants have the right to reoccupy the unit upon the landlord’s completion of the substantial remodeling work, or, upon the Oxnard tenant’s request, the right of first refusal to occupy a comparable vacant unit offered for rent.

Am I Covered Under the Oxnard Rent Ordinance’s Eviction Protections?

 All rental units are covered under the Oxnard Rent Ordinance’s just cause for eviction protection provisions, except the following:

Do Oxnard Tenants Automatically Qualify for Just Cause Protection?

Unfortunately, no.  The Oxnard Rent Ordinance’s just cause for eviction protections only protect tenancies where at least one of the Oxnard tenants has continuously and lawfully occupied a residential real property for thirty (30) days.

What Notices Must Landlords Provided Oxnard Tenants Under the Oxnard Rent Ordinance?

Notices to Cure Lease Violations

Before a landlord may terminate a tenancy for a curable lease violation, the landlord shall first give notice of the alleged violation to the Oxnard tenant and provide an opportunity to cure the alleged violation, as specified in California Code of Civil Procedure section 1161(3).  This notice to cease must contain the following:

The landlord must also serve the Oxnard tenant in compliance with California Code of Civil Procedure section 1162.

If the Oxnard tenant fails to respond or cure the alleged violation, the landlord may serve a three-day (3) notice to quite on the Oxnard tenant.

Oxnard tenants defending themselves in an unlawful detainer (eviction lawsuit) may assert their landlord’s non-compliance with this notice requirement as an affirmative defense to the lawsuit.

Notice of the Oxnard Rent Ordinance & Other Oxnard Tenant Protections

Under the Oxnard Rent Ordinance, Oxnard tenants must be served with written notice regarding their rights under the Oxnard Rent Ordinance.  The notice must specify the following:

The landlord must serve the notice on the Oxnard tenant when serving any notice of change in terms of tenancy, and on or before the date the Oxnard tenant commences their tenancy.

Additionally, the Oxnard Rent Ordinance requires landlords to post a notice providing information about Oxnard City Code Chapter 27, in English, Purépecha, Mixteco, Otomi, Tagalog, Zapoteco, Nahuatl, and Spanish in a conspicuous location on the property.

Oxnard tenants defending themselves in an unlawful detainer (eviction lawsuit) may assert their landlord’s non-compliance with this notice requirement as an affirmative defense to the lawsuit.

Notice of Termination of Tenancy

When terminating a tenancy, the landlord must serve Oxnard tenants with a notice containing the following information:

Oxnard tenants defending themselves in an unlawful detainer (eviction lawsuit) may assert their landlord’s non-compliance with this notice requirement as an affirmative defense to the lawsuit.

Notice as Addendum to Lease or Rental Agreement

Oxnard tenants are also entitled to notice of the Oxnard Rent Ordinance as an addendum to a lease or rental agreement as follows:

This notification or lease provision shall be at least 12-point type, and shall include the following language:  “The Oxnard City Code provides that after all of the tenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy.  In addition, Oxnard City Code provides tenants evicted for no-fault just cause with the right to relocation payments.  See Chapter 27 of the Oxnard City Code for more information.”

Oxnard tenants defending themselves in an unlawful detainer (eviction lawsuit) may assert their landlord’s non-compliance with this notice requirement as an affirmative defense to the lawsuit.

Does the Oxnard Rent Ordinance Contain an Anti-Retaliation Provision?

 Yes, Oxnard tenants are protected from retaliation for exerting any right provided under the Oxnard Rent Ordinance as the law contains an anti-retaliation provision.  These rights include, but are not limited to, the right to file a complaint with Oxnard Code Compliance, the right to request repairs, and the right to oppose an unlawful termination of tenancy notice.  Common types of prohibited retaliation include increasing rent, reducing housing services, harassing the Oxnard tenant, discriminating against the tenant, or taking any action designed to force the Oxnard tenant to vacate the property.

Owner Move-In & Relative Move-In Evictions Under the Oxnard Rent Ordinance

Under the Oxnard Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in eviction 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 their qualified relative, must follow strict rules relating to the termination of tenancy.  Their failure to comply with the Oxnard Rent Ordinance following an owner move-in or relative move-in eviction may result in the Oxnard tenant bringing a claim for wrongful eviction based on a fraudulent owner move-in eviction or relative move-in eviction.

Owner Move-In Evictions & Relative Move-In Evictions Defined Under the Oxnard Rent Ordinance

An owner move-in eviction occurs where the landlord seeks to recover possession of the unit in good faith for their personal use and occupancy.  A relative move-in eviction occurs where the landlord seeks to recover possession of the rental unit in good faith for their spouse, domestic partner, children, grandchildren, parents, or grandparents.  Under the Oxnard Rent Ordinance, the written lease agreement must contain a provision providing the owner the right to perform an owner move-in eviction or relative move-in eviction.  Alternatively, the Oxnard tenant may agree to allow the landlord to perform an owner move-in eviction or relative move-in eviction.

Following an Owner Move-In Eviction or Relative Move-In Eviction, How Long Must the Landlord or Qualified Relative Reside in the Oxnard Tenant’s Former Home? 

Following the landlord effectuating an Oxnard owner move-in eviction or Oxnard relative move-in eviction, the landlord or qualified relative must reside in the Oxnard tenant’s former home for at least twenty-four (24) months.

Relocation Assistance for No-Fault Evictions Under the Oxnard Rent Ordinance

Under the Oxnard Rent Ordinance, landlords must provide relocation assistance for no-fault evictions, including Oxnard owner move-in evictions, Oxnard relative move-in evictions, Oxnard Ellis Act evictions, and Oxnard demolition evictions.  Oxnard tenants are entitled to relocation assistance equal to two (2) months rent, or five thousand dollars ($5,000.00), which ever greater.  The landlord must pay the Oxnard tenant the relocation assistance within fifteen (15) calendar days of serving the termination of tenancy notice on the Oxnard tenant.  A landlord’s failure to provide relocation assistance under the Oxnard Rent Ordinance shall render any termination of tenancy notice void.

May Oxnard Tenants Waive Their Rights Under the Oxnard Rent Ordinance?

No, Oxnard tenants may not waive their rights under the Oxnard Rent Ordinance.  Should an Oxnard tenant happen to enter into a written waive of their rights, the court will find the waiver void.

How Long Does the Oxnard Rent Ordinance Remain Effective?

The Oxnard Rent Ordinance is set to expire on December 31, 2030.

My Former Landlord Violated the Oxnard 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 Oxnard Rent Ordinance, Oxnard Ellis Act Evictions, Oxnard Owner Move-In Evictions, Oxnard Rent Control, Oxnard wrongful evictions, or California Rent Control (AB 1482) with a tenant attorney, contact Astanehe Law.