Oxnard Rent Control

The Oxnard Urgency Ordinance’s rent control protections (“Oxnard Rent Control”) protect tenants by limiting rent increases to reasonable accounts annually.  For most Oxnard tenants in covered units, the landlord may not increase the rent by an amount of more than four percent (4%).  California Rent Control may protect Oxnard tenants not covered by Oxnard Rent Control or the Oxnard Rent Ordinance.  Click here to learn about the tenant rights provided by California Rent Control (AB 1482).

Am I Covered Under Oxnard Rent Control?

Oxnard Rent Control covers Oxnard tenants in all units within the City of Oxnard, except:

• Units with a certificate of occupancy issued after February 1, 1995;
• Oxnard Tenants in affordable housing;
• Dorms constructed & maintained by a school or university;
• Oxnard Tenants whose rent is subject to rent control set by a public entity;
• Oxnard Tenants on property that is alienable & separate from any other dwelling where the landlord is not a reals estate investment trust, corporation, or limited liability company and the landlord properly exempts the rental unit from Oxnard Rent Control;
• Oxnard Tenants in a duplex where the owner lives in one of the units at the beginning and at termination;
• Oxnard Tenants in units subject to the Oxnard Mobile Home Park Rent Stabilization System;
• Units in a hotel, motel, inn, tourist home, or room and boarding home rented to transient guests for less than thirty (30) days;
• Units in an institutional facility, such as a hospital, group home for seniors or the disabled, or fraternity or sorority houses affiliated with colleges and universities; and,
• Units where the Oxnard tenant shares with the landlord, or their immediate family, as their principal place of residence at the beginning of the tenancy so long as the landlord or their immediate family member continues the occupancy.

What is the Maximum Rent Increase Permitted Under Oxnard Rent Control? 

For most Oxnard tenants in covered units, the landlord may not increase the rent by more than four percent (4%).

If I Am Covered Under Oxnard Rent Control, Can My Landlord Serve Multiple Rent Increases Per Year?

No, landlords may only serve one rent increase in twelve months where the Oxnard tenant is covered under Oxnard Rent Control.

Does Oxnard Rent Control Limit the Initial Rent Set for New Tenancies?

No, Oxnard Rent Control does not limit the initial rent landlords may charge Oxnard tenants at the inception of their tenancies.  Landlords may set initial rent without restriction when beginning a new tenancy in a formerly vacant unit.  However, Oxnard Rent Control applies to Oxnard tenants in covered units after the landlord sets the rent and the tenancy begins.

If I Am Covered Under Oxnard Rent Control, Can My Landlord Increase the Rent if My Unit is Uninhabitable

Oxnard tenants in units covered under Oxnard Rent Control are protected from rent increases when facing uninhabitable conditions.  Specifically, Oxnard Rent Control forbids rent increases to such units where the landlord fails to maintain or repair habitability issues in violation of California Civil Code sections 1941.1 and California Health and Safety Code sections 17920.3 and 17920.10, or fails to make repairs to the unit as ordered by the City or a Court.  Oxnard tenants facing rent increases despite living in uninhabitable conditions may petition City of Oxnard to invalidate the unlawful rent increase and obtain the return of any unlawfully collected rent.

If I am Covered Under Oxnard Rent Control, Can I Lower My Rent for Uninhabitable Conditions or Other Decreases in My Housing Services?

Yes, Oxnard tenants living in units covered under Oxnard Rent Control may petition the City of Oxnard to lower their rent when living in uninhabitable conditions or suffering some other loss of service, such as the loss of use of their garage space.  If the tenant is successful, the City of Oxnard will order the landlord to decrease the Oxnard tenant’s rent until the landlord rectifies the repair issues or restores the decreased or lost housing service.

If I Am Covered Under Oxnard Rent Control, Can My Landlord Increase the Rent if They Do Not Comply With Oxnard Rent Control?

No, where a landlord fails to substantially comply with all provisions of Oxnard Rent Control, including failing to provide all necessary notices, they may not increase the rent.  Oxnard tenants facing rent increases despite the landlord’s failure to comply with Oxnard Rent Control may petition City of Oxnard to invalidate the unlawful rent increase and obtain the return of any unlawfully collected rent.

What Notices Must My Landlord Provide Under Oxnard Rent Control?

Oxnard Rent Control requires landlords to provide Oxnard tenants with the following notices on or before the Oxnard tenant’s move-in date:

• Notice of the existence and scope of Oxnard Rent Control; and,
• Notice of the tenant’s right to respond to any Fair Return Petition the landlord may file with the City of Oxnard.

Oxnard Rent Controls requires landlords to provide Oxnard tenants with the following notices when serving rent increase notices on Oxnard tenants:

• Notice of the existence and scope of Oxnard Rent Control; and,
• Notice of the Oxnard tenants’ right to respond to any Fair Return Petition the landlord may file with the City of Oxnard.

No rent increase may take effect if a landlord fails to comply with these notice requirements.

The landlord must serve the notices in the language used in the written lease agreement between the landlord and Oxnard tenant.  Where no written lease exists, the landlord must provide the notices in the language that the landlord and Oxnard tenant used to negotiate the tenancy terms.

How Long Does Oxnard Rent Control Remain Effective?

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

The Oxnard Rent Ordinance’s Eviction Protections

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:

• Units in transient and tourist hotels;
• Units in properties that have obtained a Short Term Vacation Rental Permit from the City of Oxnard;
• Units in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, or adult residential facility;
• Dormitories owned and operated by schools;
• Housing where the Oxnard tenant shares a bathroom or kitchen with the landlord, provided the landlord resides at the property as their principal residence;
• Single-family homes where the landlord resides in the home and leases no more than two (2) bedrooms; and,
• A duplex where the landlord occupies one of the units as their principal residence at the beginning of the tenancy and continues their occupancy during the Oxnard tenant’s tenancy.

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:

• A date;
• Inform the Oxnard tenant that their failure to cure may result tin the initiation of an eviction lawsuit;
• Inform the Oxnard tenant of the right to request reasonable accommodation;
• Inform the Oxnard tenant of the City of Oxnard’s contact number; and,
• Include a specific statement of the reason(s) for the written notice to cease or correct with specific facts to help the Oxnard tenant determine the date(s), place(s), witness(es), and/or circumstance(s) that support the reason(s) for the eviction.

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 existence of the Oxnard Rent Ordinance; and,
• The right to relocation assistance, as provided under the Oxnard Rent Ordinance.

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:

• The just cause reason for the termination of tenancy;
• The landlord has not accepted and will not accept rent or any other consideration in return for the Oxnard tenant’s continued use of the property beyond the term of the terminated tenancy, in compliance with California Civil Code sections 1945 through 1946.5; and,
• The landlord qualifies the termination as at-fault or no-fault just cause;
• The landlord has submitted to the City of Oxnard, within five (5) days after serving the notice of termination on the Oxnard tenant, a true and accurate copy of the landlord’s written notice of termination of tenancy, along with signed proof of service;
• When the landlord and Oxnard tenant have entered into a written lease, the landlord must provide the notice in the language used in the written lease, in addition to English;
• When the landlord and Oxnard tenant have not entered into a written lease, the landlord must provide the notice in the language used to negotiate the terms of the tenancy, in addition to English.

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:

• For tenancies commenced or renewed on or after June 2, 2022, the landlord must provide notice of the Oxnard Rent Ordinance as an addendum to the lease or rental agreement in the language that the parties used in the lease, in addition to English;
• For tenancies existing prior to June 2, 2022, by written notice no later than thirty (30) days after June 2, 2022, or as an addendum to the lease or rental agreement.

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.

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.

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.

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.

What Damages May Oxnard Tenants Recover for Landlord Violations of the Oxnard Rent Ordinance?

The Oxnard Rent Ordinance contains a private right of action for landlord violations, such as unlawful rent increases, fraudulent owner move-in evictions, and wrongful evictions.  Under the Oxnard Rent Ordinance, a prevailing Oxnard tenant may recover their attorney fees.  Where the landlord willfully fails to comply with providing relocation assistance, the prevailing Oxnard tenant may recover treble damages.

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

Last updated: September 4, 2022

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