A. Title. This chapter shall be known as the "Just Cause Eviction Ordinance."

B. Purpose. The purpose of this just cause ordinance is to promote neighborhood and community stability, healthy housing and affordability for renters in the city of Lemon Grove by regulating arbitrary evictions to the maximum extent permitted under California law. This ordinance requires just cause for termination of residential tenancies consistent with California Civil Code Section 1946.2 (or successor provision), further limits the reasons for termination of a residential tenancy and provides additional regulations additional tenant protections that are not prohibited by any other provision of law. Nothing in this chapter shall be construed as to prevent the lawful eviction of a tenant by appropriate legal means.

C. Intent and Severability. This chapter is intended to supplement any applicable State and Federal law and provide further protection for certain residential tenants. Any provisions of applicable state or federal law that provide greater or additional protections for tenants than this chapter shall apply. If this chapter does not apply to a tenant, then applicable state law shall apply. If any provision of this chapter is invalidated, any applicable state and federal law shall apply in place of the invalidated provision.

(Ord. 475, 9/1/2026)

When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this code or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to state laws, including references to any state statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this chapter.

"Administrative regulations."

Regulations that implement this chapter authorized by the city manager pursuant to Section 18.52.070.

"City Attorney."

The city attorney of the city of Lemon Grove, or their designee.

"City manager."

The city manager of the city of Lemon Grove, or their designee.

"City."

The city of Lemon Grove.

"Owner."

Any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner.

"Residential real property."

Any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobile home park.

"State."

The state of California.

"Tenancy."

Lawful occupation of a residential rental unit, including a lease or a sublease.

"Tenant."

A tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled to the use or occupancy of any residential rental unit.

(Ord. 475, 9/1/2026)

A. This chapter shall not apply to the types of residential real properties or residential tenancies or circumstances specified in California Civil Code Section 1946.2, subdivision (e), paragraphs (1) through (7) and paragraph (9).

B. In addition, this chapter shall not apply to residential real property, including a mobilehome, that is alienable separate from title to any other dwelling unit, provided that both of the following apply:

1. The owner is not any of the following:

a. A real estate investment trust, as defined in the Internal Revenue Code Section 856.

b. A corporation.

c. A limited liability company in which at least one member is a corporation.

d. Management of a mobilehome park, as defined in the California Civil Code Section 798.2.

2. The tenants have been provided written notice that the residential real property is exempt from this chapter using the following statement:

"This property is not subject to the rent limits imposed by Section 1947.12 of the California Civil Code and is not subject to Just Cause requirements of Section 1946.2 of the California Civil Code and Chapter 18.52 of the Lemon Grove Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the California Civil Code and Section 18.52.030(B) of the Lemon Grove Municipal Code, and the owner is not any of the following: (1) a real estate investment trust, as defined in 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."

For a tenancy existing before January 1, 2027, the notice required above may, but is not required to, be provided in the rental agreement. For a tenancy commenced or renewed on or after January 1, 2027, the notice required above shall be provided in the rental agreement. Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of California Civil Code Section 1946.2, subdivision (b), paragraph (1), subparagraph (E) (or successor provision), as incorporated herein by reference.

(Ord. 475, 9/1/2026)

A. Prohibition. After a tenant has continuously and lawfully occupied a residential real property for twelve months, or the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for twenty-four months, then this chapter shall only apply if either of the following are satisfied: (1) all of the tenants have continuously and lawfully occupied the residential real property for twelve months or more; or (2) one or more of the tenants have continuously and lawfully occupied the residential real property for twenty-four months or more. A just cause basis for termination of tenancy means either "at-fault just cause" circumstances or "no-fault just cause" circumstances as described below.

B. At-Fault Just Cause. At-fault just cause means any of the at-fault just cause reasons as specified in the California Civil Code Section 1946.2, subdivision (b), paragraph (1).

C. No-Fault Just Cause. No-fault just cause means:

1. Any of the no-fault just cause reasons specified in the California Civil Code Section 1946.2, subdivision (b), paragraph (2), subparagraphs (A) through (C); and

2. Intent to demolish or substantially remodel the residential real property.

a. As used herein, "substantially remodel" means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least thirty consecutive days:

i. The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.

ii. The abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws.

b. A tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without violating health, safety, and habitability codes and laws. Cosmetic improvements alone, including, but not limited to, painting, decorating, flooring replacement, counter replacement, window or door replacement, removal of interior wall coverings solely for the installation of insulation, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial remodel.

c. A written notice terminating a tenancy for a just cause pursuant to this subparagraph shall include all of the following information:

i. A statement informing the tenant of the owner's intent to demolish the property or substantially remodel the residential real property.

ii. The following statement:

"If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer."

iii. A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following: (I) a copy of the permit or permits required to undertake the substantial remodel or demolition; or (II) only if a notice is issued pursuant to subsection C.2.c.ii and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials as described in subsection C.2.c.ii.

iv. A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant's interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant's address, telephone number, and email address.

3. Relocation Assistance. For any tenancy which just cause is required to terminate the tenancy under this Section 18.52.040, if an owner of residential real property issues a termination notice based on a no-fault just cause described in subsection C above, the owner shall comply with the requirements of California Civil Code Section 1946.2, subdivision (d).

(Ord. 475, 9/1/2026)

A. Written Termination Notice Required. Any notice purporting to terminate a tenancy based on any of the just causes in Section 18.52.040 shall state with specificity the basis on which the owner seeks to terminate the tenancy and shall provide the tenant with advance notice of the date on which the tenancy shall terminate, in accordance with applicable state law, including but not limited to, California Code of Civil Procedure Section 1161, California Civil Code Section 1946.1, and California Civil Code Section 954.535.

B. Notice Requirements for Termination of Tenancy for At-Fault Just Cause. Before an owner of a residential rental property issues a notice to terminate a tenancy based on an at-fault just cause described in Section 18.52.040B that is a curable lease violation, the owner shall comply with the requirements of the California Civil Code Section 1946.2, subdivision (c).

C. Notice of Tenant Protection Act of 2019. An owner of residential real property subject to this chapter shall provide notice to the tenant as follows:

1. Except as provided subsection C.2 below, for any tenancy commenced or renewed on or after January 1, 2027 in the lease or rental agreement, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant with a copy provided to the tenant.

2. For any tenancy existing prior to January 1, 2027, by written notice to the tenant no later than January 1, 2027, or as an addendum to the lease or rental agreement.

3. The notification or lease provision shall be in no less than 12-point font type, and shall include the following:

"California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. Chapter 18.52 of the Lemon Grove Municipal Code also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Chapter 18.52 of the Lemon Grove Municipal Code for more information."

4. The notification or lease provision shall be subject to the California Civil Code Section 1632.

D. Notice of Just Cause Ordinance Required.

1. The owner of residential property subject to this chapter shall provide written notice to the tenant, in a form prepared authorized by the city manager and published on the city's website, about the existence of this chapter. The owner shall provide this notice to the tenant: (a) on or before the date of commencement of the tenancy; and (b) with any notice of termination of tenancy.

2. The notice shall, at a minimum, include the following information:

a. A summary of the provisions of this chapter;

b. A summary of the provisions of California Civil Code Section 1947.12; and

c. A list of and contact information for community resources, including, but not limited to, CSA San Diego County, the Legal Aid Society of San Diego, and the San Diego Superior Court's Self-Help Center.

3. The notice shall be subject to California Civil Code Section 1632.

E. Notice to City Required. An owner of a residential real property subject to this chapter who intends to displace one or more tenant(s) based on a no-fault just cause as described in Section 18.52.040C of this chapter shall provide the city with a copy of the notice(s) of termination within five days of serving the notice(s) of termination on the tenant(s). The owner shall file a copy of the notice(s) of termination with the city via an online submission form, which the city manager shall make available on the city website.

1. Confidential Information. The city council recognizes that some of the information in a notice of termination of tenancy constitutes personal identifying information (PII) of a tenant. The city council also recognizes that the Public Records Act (California Government Code Section 7920.000, et seq.) generally requires that the city make available to the public information in its possession that relates to the conduct of the public's business. The Public Records Act contains several exceptions intended to protect the privacy of individuals and the proprietary information of businesses that is in the city's possession only because of a legal requirement to provide it to the city in connection with a regulatory program. The city council declares that any PII of a tenant, including, put not limited to, names, contact information, and addresses, shall be received in confidence, and that the public interest in nondisclosure of such personal identifying information clearly outweighs the public interest in disclosure.

2. Report to City Council. The city manager shall annually prepare a report summarizing the number and type of no-fault just cause termination notices filed in the prior year.

(Ord. 475, 9/1/2026)

Where the city manager, in their sole discretion, determines appropriate, the city may provide services to owners of residential real property and tenants in the city. These services may include a page on the city's website dedicated to landlord/tenant resources listing federal, state and/or regional organizations which provide mediation, rental assistance and/or reduced cost legal services.

(Ord. 475, 9/1/2026)

The city manager is authorized to establish, consistent with the terms of this chapter, administrative regulations necessary to carry out the purposes of this chapter. Administrative regulations shall be published on the city's website and maintained and available to the public in the office of the city clerk. Administrative regulations promulgated by the city manager shall become effective and enforceable under the terms of this chapter thirty days after the date of publication on the city's website.

(Ord. 475, 9/1/2026)

A. Affirmative Defense. An owner's failure to comply with any provision of this chapter, including, but not limited to, their failure to file a copy of a notice of termination with the city within five days of service of the notice on the tenant, shall render the written termination notice void, and shall constitute a complete affirmative defense to unlawful detainer or to any other action brought by the owner to recover possession of the residential real property.

B. Civil Action. An owner who attempts to recover possession of a rental unit in material violation of this chapter shall be liable to the tenant in a civil action for all of the following:

1. Actual damages.

2. In the court's discretion, reasonable attorney's fees and costs.

3. Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.

C. Injunctive Relief. The city attorney, in the name of the city, may seek injunctive relief based on violations of this chapter.

D. Remedies Not Exclusive. The enforcement mechanisms and remedies in this chapter are not exclusive and may be used cumulatively with any other remedies in this code, or otherwise available at law, including, but not limited to, the remedies specified in California Civil Code Section 1946.2, subdivisions (g) and (h). Nothing in this chapter shall preclude any person, or the city, from seeking any other remedies, penalties, or procedures.

(Ord. 475, 9/1/2026)

An owner shall not retaliate against a tenant for exercising any right provided by this chapter or seeking the enforcement of this chapter.

(Ord. 475, 9/1/2026)

Any waiver or purported waiver of the rights under this chapter shall be void as contrary to public policy.

(Ord. 475, 9/1/2026)

All references to state statutes include successor provisions.

(Ord. 475, 9/1/2026)

Statutory References