Carpinteria Municipal Code Ch. 7.04 Just Cause for Termination of Residential Tenancy

Housing instability can lead to increased residential mobility and commute times, loss of community, interrupted education of children, financial strain and prolonged homelessness. New rental housing, particularly affordable housing, is difficult to procure not only in the city but the broader South Coast of Santa Barbara County. The purpose of this ordinance is to enact stronger tenant protections than those established in state law for the termination of residential tenancies. Regulating relations between residential landlord and tenants is intended to increase certainty and fairness within the residential rental market in the city and thereby serve the public health, safety and welfare.

(Ord. No. 770, § 3, 9-11-2023)

This chapter applies to all rental units except:

A. Transient and tourist hotel occupancy as defined in Civil Code Section 1940(b).

B. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

C. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

D. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the rental unit.

E. Single-family owner-occupied residences, including both of the following: a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit; or a mobilehome.

F. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.

G. Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.

H. Rental unit, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

1. The owner is not any of the following:

(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.

(ii) A corporation.

(iii) A limited liability company in which at least one member is a corporation.

(iv) Management of a mobilehome park, as defined in Civil Code 798.2.

2. (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:

"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."

(ii) For a tenancy existing before the effective date of this chapter, the notice required under subsection H.2.i of this section may, but is not required to, be provided in the rental agreement.

(iii) For any tenancy commenced or renewed on or after the effective date of this Chapter, the notice required under subsection H.2.i. must be provided in the rental agreement.

(iv) Addition of a provision containing the notice required under subsection H.2.i to any new or renewed rental agreement or fixed-term lease constitutes similar other terms for the purposes of Section 7.04.030.B.1.v.

I. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.

(Ord. No. 770, § 3, 9-11-2023)

As used in this chapter, the following terms have the meanings set forth in this section:

A. Early tenant alert notice means the written notice of no-fault just cause termination of a tenancy of a qualified tenant described in Section 7.04.060.B that is provided at least 60 days before the date of termination of tenancy.

B. Just cause. At-fault just cause and no-fault just cause, are defined as follows:

1. At-fault just cause means any of the following:

(i) Default in the payment of rent.

(ii) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.

(iii) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(iv) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(v) The tenant had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobilehome, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.

(vi) Criminal activity by the tenant on the rental unit, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the rental unit, that is directed at any owner or agent of the owner of the rental unit; provided that criminal activity or criminal threat directed at a tenant who is a victim of domestic violence shall not be the basis for at-fault or no-fault just cause eviction of the tenant who is a victim of domestic violence.

(vii) Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(viii) The tenant's refusal to allow the owner to enter the rental unit as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.

(ix) Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(x) The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.

(xi) When the tenant fails to deliver possession of the rental unit after providing the owner written notice as provided in Civil Code Section 1946 of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the owner, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.

2. No-fault just cause means any of the following:

(i) The owner seeks in good faith to recover possession of the rental unit for use and occupancy by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents. For leases entered into on or after July 1, 2020, or July 1,2022, if the lease is for a tenancy in a mobilehome, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the rental unit.

(ii) The owner seeks in good faith to recover possession to permanently withdraw the rental unit from the rental market in accordance with applicable state law.

(iii) The owner seeks in good faith to comply with any of the following:

a. An order issued by a government agency or court relating to habitability that necessitates vacating the rental unit.

b. An order issued by a government agency or court to vacate the rental unit.

c. A local ordinance that expressly requires vacating the rental unit.

(iv) The owner seeks in good faith to recover possession to totally demolish or to substantially remodel the rental unit, provided the owner has done all of the following:

a. Given the tenants an early tenant alert notice advising the tenants of the owner's intent to terminate the tenancy in reliance on this subsection.

b. Obtained all permits necessary to carry out the demolition or substantial remodel from applicable governmental agencies.

c. Served the tenants with a copy of the permits along with a written notice stating the reason for the termination, the type and scope of work to be performed, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work requires the tenant to vacate the rental unit for at least 30 days. The copy and notice shall be contained in or served concurrently with the notice to terminate tenancy required by Section 7.04.060.

d. Filed with the Community Development Department, a copy of the documents served on the tenant.

C. Owner means an owner as defined in Civil Code Section 1954.51.

D. Qualified tenant means a tenant who has continuously and lawfully occupied a rental unit for 12 months or who otherwise qualifies as an tenant meriting just cause eviction protection under Civil Code Section 1946.2, Subdivision (a).

E. Relocation assistance payment means the amount established by resolution of the city council, or one month's rent that was in effect when the owner issued the notice to terminate tenancy plus one dollar, whichever is greater, that is due to qualified tenants in a no-fault just cause eviction action. See Sections 7.04.050 and 7.04.070.

F. Rent means the total consideration charged or received by an owner in exchange for the use or occupancy of a rental unit.

G. Rental unit means any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes) except as provided in Section 7.04.020.

H. Substantially remodel means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including leadbased paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the rental unit for at least 30 days. Substantial remodeling does not include cosmetic improvements, including painting, decorating, minor repairs, routine maintenance, or other work that can be performed safely without having the rental unit vacated.

I. Tenant. Any renter, tenant, subtenant, lessee, or sublessee, or person entitled by written or oral agreement to occupy a rental unit, or any successor of any of the foregoing.

J. Termination of residential tenancy means for purposes of this chapter only, a termination of residential tenancy either with at-fault or no-fault just cause. The term is generally synonymous with eviction.

(Ord. No. 770, § 3, 9-11-2023)

A. The owner of a rental unit shall not engage in a termination of residential tenancy of a qualified tenant without just cause stated in full in the notice to terminate tenancy.

B. Just cause includes at-fault just cause or no-fault just cause as defined in Section 7.04.030.

(Ord. No. 770, § 3, 9-11-2023)

A. The owner of a rental unit who issues a notice to terminate tenancy based upon no-fault just cause shall make a relocation assistance payment to each qualified tenant in an amount established by resolution of the city council, or one month's rent that was in effect when the owner issued the notice to terminate tenancy plus one dollar, whichever is greater.

B. When more than one qualified tenant occupies a rental unit, the owner shall divide the relocation assistance payment equally among the qualified tenants and make the divided relocation assistance payment to each qualified tenant.

C. Any relocation assistance or rent waiver required by state law shall be credited against the relocation assistance payment required by this chapter, but only to the extent such credit is required by state law.

(Ord. No. 770, § 3, 9-11-2023)

A. The written notice to terminate tenancy shall state in full the facts and circumstances constituting the at-fault just cause or no-fault just cause for termination.

B. A written notice to terminate tenancy based upon no-fault just cause must be provided at least 60 days before the date of termination through an early tenant alert notice and must inform each qualified tenant of their right to and the amount of a relocation assistance payment required by this chapter.

C. Before the owner of a rental unit issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to each qualified tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.

(Ord. No. 770, § 3, 9-11-2023)

A. The owner of a rental unit who issues a notice to terminate tenancy based upon no-fault just cause shall make the relocation assistance payment required by this chapter to each qualified tenant within 15 calendar days after service of the notice.

B. The owner of a rental unit who issues an early tenant alert notice may elect to make one-half of the relocation assistance payment required by this chapter to each qualified tenant within 15 calendar days after service of said notice, and the remaining one-half of the relocation assistance payment to each qualified tenant no later than the time that qualified tenant surrenders possession of the rental unit.

C. If a qualified tenant fails to vacate after the expiration of the notice to terminate tenancy, the actual amount of any relocation assistance paid to the qualified tenant shall be recoverable as damages from that qualified tenant.

D. A qualified tenant is not entitled to relocation assistance if any government agency or court determines that the tenant is at-fault for the condition or conditions triggering an eviction order or need to vacate for reasons listed, but not limited to, those in Section 7.04.030.B.1.

(Ord. No. 770, § 3, 9-11-2023)

A. Failure to provide each of the notices required by this chapter shall be a defense to any unlawful detainer action.

B. Failure to include all required information in the notices required by this chapter shall be a defense to any unlawful detainer action.

C. Failure to make a relocation assistance payment in a timely manner shall be a defense to any unlawful detainer action.

D. Any violation of this chapter shall entitle the aggrieved tenant to actual damages according to proof and costs and attorney's fees.

E. A tenant may seek injunctive relief on his or her own behalf and on behalf of other affected tenants to enjoin the owner's violation of this chapter.

F. Remedies provided in this section are in addition to any other existing legal remedies and not intended to be exclusive.

G. The city attorney is authorized to enforce this chapter through administrative, civil, or criminal action. The city attorney is further authorized to bring actions for injunctive relief on behalf of the city. The city attorney shall seek recovery of costs, expenses, and attorney's fees as allowed by law.

(Ord. No. 770, § 3, 9-11-2023)