Ojai Municipal Code Ch. 2 Just Cause Evictions and Tenant Protections

This chapter shall be known as the "Just Cause Eviction and Tenant Protection Ordinance" of the City of Ojai.

(§ 1, Ord. 937, eff. April 27, 2023)

The City Council hereby finds that the City's just cause eviction and tenant protection provisions are more protective of tenants than the Tenant Protection Act of 2019 (AB 1482). In the event of any conflict between this chapter and applicable State law, the more restrictive requirements shall apply to the maximum extent of the City's power to impose more restrictive requirements under applicable law.

(§ 1, Ord. 937, eff. April 27, 2023)

(a) In this chapter, the term "eviction" shall mean a landlord attempt to recover possession of a rental unit by initiating an unlawful detainer action against a tenant or requiring a tenant to vacate a unit. Termination of tenancy shall have the same meaning.

(b) Notwithstanding any other law, if a tenant has continuously and lawfully occupied a rental unit for 30 days, the landlord shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy, as described in this chapter. If any additional adult tenant has been added to the lease before an existing tenant had continuously and lawfully occupied the rental unit for 30 days, then this subsection shall only apply if either of the following are satisfied:

(1) All of the tenants have continuously and lawfully occupied the rental unit for 30 days or more;

(2) At least one tenant of multiple tenants has continuously and lawfully occupied the rental unit for 30 days or more.

(c) For purposes of this section, "just cause" includes either of the following:

(1) At-fault just cause; or

(2) No-fault just cause.

(§ 1, Ord. 937, eff. April 27, 2023)

At-fault just cause includes any of the following:

(a) Default in the payment of rent.

(b) A breach of a material term of the lease, as described in Section 1161(3) of the California 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. A "breach of a material term" shall not include:

(1) The obligation to limit occupancy, provided that the additional occupant who joins the tenant of the rental unit thereby exceeding the limits on occupancy set forth in the lease is dependent under age 18, or a replacement tenant who moved in after an approved tenant vacated the rental unit, so long as the addition does not exceed the Uniform Housing Code.

(i) The landlord shall have the right to approve or deny the prospective additional or replacement tenant, who is not a minor dependent child, provided that the landlord does not unreasonably withhold approval. If the landlord fails to respond to the tenant in writing with a description of the reasons for the denial of the request within a reasonable amount of time of receipt of the tenant's written request, the tenant's request shall be deemed approved by the landlord if the lease is for a period of one year or less.

(2) A change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties. A landlord is not required to obtain a tenant's written consent to a change in the terms of the tenancy if the change in the terms of the tenancy is authorized by this section, or if the owner is required to change the terms of the tenancy pursuant to Federal, State, or local law. Nothing in this subsection shall exempt a landlord from providing legally required notice of a change in the terms of the tenancy.

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

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

(e) The tenant had a written lease that terminated on or after the effective date of this chapter, and after a written request or demand from the landlord, 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. If the tenant had a written lease that terminated on or after the effective date of the ordinance codified in this chapter, and after a written request or demand from the landlord, the tenant has refused to execute a written extension or renewal of the lease for an additional term of non-similar duration and/or with non-similar lease provisions, then the cause for eviction will be no-fault just cause under Section 11-2.05 below.

(f) Criminal activity by the tenant on the rental unit, including any common areas, or any criminal activity or criminal threat, as defined in Section 422(a) of the California Penal Code, on or off the rental unit, that is directed at any landlord or agent of the landlord of the rental unit. Further, at-fault just cause eviction of a tenant under this provision shall only apply to that tenant who committed the criminal activity described herein. If a tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the tenant within the applicable statute of limitations period, the tenant shall be offered the right to restore the tenancy only if the same rental unit is available.

(g) Assigning or subletting the premises in violation of the tenant's lease, as described in Section 1161(4) of the California Code of Civil Procedure. Notwithstanding any contrary provision in this section, a landlord shall not take any action to terminate a tenancy based on a tenant's sublease of the rental unit if all the following requirements are met:

(1) The tenant requests permission from the owner in writing to sublease the rental unit;

(2) The tenant continues to reside in the rental unit as their primary residence;

(3) The sublease 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 amount of time of the receipt of the tenant's written request. If the landlord fails to respond to the tenant's written request, the request shall be deemed approved by the landlord if the lease is for a period of one year or less. A landlord's reasonable refusal of the tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a residential real property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision.

(h) The tenant's refusal to allow the landlord to enter the residential real property as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113.7 and 17926.1 of the California Health and Safety Code.

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

(j) The employee, agent, or licensee's failure to vacate after being terminated as an employee, agent, or a licensee, as described in Section 1161(1) of the California Code of Civil Procedure.

(k) When the tenant fails to deliver possession of the rental unit after providing the landlord written notice as provided in California 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 landlord, but fails to deliver possession at the time specified in that written notice as described in Section 1161(5) of the California Code of Civil Procedure.

(§ 1, Ord. 937, eff. April 27, 2023)

No-fault just cause, which includes any of the following:

(a) Good faith intent to occupy the rental unit as a primary place of residence by the landlord or the landlord's spouse, domestic partner, children, grandchildren, parents, or grandparents.

(1) For leases entered into on or after the effective date of this chapter, this subsection shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the landlord to terminate the lease if the landlord, or their spouse, domestic partner, children, grandchildren, parents, or grand-parents unilaterally decides to occupy the rental unit for a period of at least 24 months, as affirmed by the landlord in a written affidavit submitted to the City.

(b) Withdrawal of the rental unit from the rental market subject to the provisions of the Ellis Act.

(c) The landlord complying with any of the following:

(1) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.

(2) An order issued by a government agency or court to vacate the residential real property.

(3) A local ordinance that necessitates vacating the rental unit.

(4) If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under this chapter, the tenant shall not be entitled to relocation assistance as outlined in this chapter.

(d) Intent to demolish or to substantially remodel the rental unit.

(1) For purposes of this subsection, "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 lead-based 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 residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.

(2) No "just cause" eviction for "substantial remodel" or demolition shall be effective unless building permits were first secured from the City, and, included with the notice of termination of the tenancy, the tenant was provided with copies of the building permit(s) and with a written detailed account explanation of the scope of work, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work cannot be completed in 30 days and requires the tenant to vacate the rental unit for that duration.

(3) The landlord shall provide 60 days advance written notice to the tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the tenant, the right of first refusal to any comparable vacant rental unit which has been offered at comparable rent owned by the landlord.

(4) In the event the landlord seeks to rent the remodeled rental unit within 12 months following the completion of the remodeling work, the evicted tenant shall have the right of first refusal to reoccupy and rent the unit, unless the landlord provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection.

(§ 1, Ord. 937, eff. April 27, 2023)

(a) Before a landlord of rental unit issues a notice to terminate a tenancy for just cause that is a curable lease violation, the landlord shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to Section 1161(3) of the California 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.

(b) Any written notice to cease or correct must:

(1) Be dated and served upon the tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure, Section 1162, as may be amended;

(2) Inform the tenant that failure to cure may result in the initiation of eviction proceedings;

(3) Inform the tenant of the right to request a reasonable accommodation;

(4) Inform the tenant of the contact number for the City; and

(5) Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the date(s), place(s), witness(es), and/or circumstance(s) that support the reason(s) for the eviction.

(§ 1, Ord. 937, eff. April 27, 2023)

(a) If a landlord issues a notice to terminate a tenancy for no-fault just cause, the landlord shall notify the tenant of the tenant's right to relocation assistance or rent waiver pursuant to this section. If the landlord elects to waive the rent for the final month of the tenancy as provided in this chapter, the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.

(b) The amount of relocation assistance shall be equal to: (i) two months of the tenant's rent that was in effect when the landlord issued the notice to terminate the tenancy; or (ii) $5,000, whichever is greater. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

(1) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subsection shall be recoverable as damages in an action to recover possession.

(2) The relocation assistance or rent waiver required by this subsection shall be credited against any other relocation assistance required by any other law.

(c) A landlord's failure to strictly comply with this subsection shall render the notice of termination void.

(§ 1, Ord. 937, eff. April 27, 2023)

This chapter shall not apply to the following types of residential real properties or residential circumstances:

(a) Transient and tourist hotel occupancy as defined in Section 1940(b) of the California Civil Code for which the landlord has registered the transient occupancy with the City under Ojai Municipal Code Section 8-1.414 and is in compliance with all applicable provisions of the Ojai Municipal Code.

(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 California 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 California State Department of Social Services.

(c) Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to 12, inclusive, school.

(d) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the landlord who maintains their principal residence at the rental unit.

(e) Single-family owner-occupied residences, including 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.

(f) A duplex 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.

(g) Residential real property 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 U.S. Internal Revenue Code;

(ii) A corporation;

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

(2) The tenants have been provided written notice that the residential property is exempt from this chapter per this section.

(h) 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 California 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 California Health and Safety Code or comparable Federal statutes.

(i) Residential real property occupied by the landlord, or their spouse, domestic partner, children, grandchildren, parents, or grandparents for at least six months before a fixed-length tenancy of up to six months, and for which the landlord, or their spouse, domestic partner, children, grandchildren, parents, or grandparents have a good faith intent to reoccupy the unit after conclusion of the tenancy, as affirmed by the landlord in a written affidavit submitted to the City.

(§ 1, Ord. 937, eff. April 27, 2023)

(a) The City Manager may adopt administrative procedures and regulations to implement the provisions of this chapter.

(b) Once established by the City Council, all landlord with rental units shall pay the tenant protection program fee, as established by City Council resolution. The tenant protection program fee is to fund the City's cost to implement and enforce the provisions of this chapter.

(c) It is illegal for a landlord or representative to retaliate against a tenant for lawfully and peaceably exercising their legal rights, including, but not limited to, the right to file a complaint with code compliance. No landlord may take any action increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant's use of any remedy provided by this chapter.

(d) Any provision of a rental housing agreement that purports to waive any provision of this chapter is void as against public policy.

(e) A landlord's failure to comply with any requirement of this chapter is an affirmative defense in an unlawful detainer or other action brought by the landlord to recover possession of the rental unit.

(§ 1, Ord. 937, eff. April 27, 2023)

(a) Notice of the existence of this chapter. The landlord shall post a notice providing information about the existence of this chapter, including protections related to immigration or citizenship status of tenant found under California Civil Code, Section 1940.35 and California Code of Civil Procedure, Section 1161.4, as may be amended. Notice must be posted in English and Spanish in a conspicuous location on the property.

(1) In addition to all other notice requirements specified elsewhere in this chapter, the owner of any rental unit is required to provide written notice to tenants of their rights under this chapter as follows:

(i) The notice required by this chapter must include the following information:

a. The existence and scope of this chapter; and

b. The right to relocation assistance in limited circumstances pursuant to Section 11-2.07.

(ii) The landlord must provide tenant with the notice upon serving any notice of change in terms of tenancy.

(iii) The landlord must provide the notice on or before the commencement of all tenancies initiated after the effective date of the ordinance codified in this chapter.

(b) Notice of termination of tenancy. When terminating a tenancy either at-fault or no-fault, a landlord must comply with all of the following:

(1) The landlord must serve a written notice in accordance with California Civil Code, Sections 1946 through 1946.5, to the tenant that states that, in addition to any information required by Federal or State law, the landlord will terminate the tenancy, and that indicates at least one at-fault or no-fault just cause reason; and

(2) The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the rental unit beyond the term of the terminated tenancy in compliance with California Civil Code, Sections 1945 through 1946.5; and

(3) The landlord qualifies the termination as at-fault or no-fault just cause; and

(4) The landlord has submitted to the City, within five days after service of the notice of termination on the tenant, a true and accurate copy of the landlord's written notice of termination, and proof of such service, signed by the landlord under penalty of perjury, on the tenant. The landlord shall maintain proof of service to the City as evidence that the landlord has complied with this section.

(5) When the landlord and tenant have entered into a written lease, the landlord must provide the notice in the language used in the lease, in addition to English. When the landlord and tenant have not entered into a written lease, the landlord must provide the notice in the language that the landlord and tenant used to negotiate the terms of the tenancy, in addition to English.

(c) Notice as addendum to lease or rental agreement. A landlord of rental unit(s) subject to this section shall provide notice to the tenant as follows:

(1) For any tenancy commenced or renewed on or after the effective date of the ordinance codified in this chapter, 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) The landlord must provide the notice in the language that the landlord and tenant used to in the lease, in addition to English.

(3) For a tenancy existing prior to the effective date of this article, by written notice to the tenant no later than 30 days after the effective date of the ordinance codified in this chapter, or as an addendum to the lease or rental agreement.

(4) The notification or lease provision shall be in no less than 12 point type, and shall include the following:

"The Ojai Municipal Code provides that after all of the tenants have continuously and lawfully occupied the property for at least 30 days, an owner must provide a statement of cause in any notice to terminate a tenancy. In addition, Ojai Municipal Code provides tenants evicted for no-fault just cause with the right to relocation payments. See Title 11 of the Ojai Municipal Code for more information."

(5) The landlord must provide the notice to tenants in writing if the application and lease are processed in writing, electronically if the application or lease are processed electronically, or both if both methods are utilized. The provision of the notice shall be subject to California Civil Code, Section 1632.

(§ 1, Ord. 937, eff. April 27, 2023)

(a) It is unlawful for any person to violate or fail to comply with any provision of this chapter. The violation of any provision of this chapter shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction as provided in City Code Chapter 6, Article 1 (Administrative Citations).

(b) Any person whose rights pursuant to this chapter have been violated shall have the right to file an action for injunctive relief and damages. Before commencing a civil suit to enforce this chapter, the person shall provide at least 30 days' notice and a demand that the person or company alleged to have committed a violation of this chapter correct, repair, replace, or otherwise rectify the alleged violations under this chapter. Whoever is found to have violated this chapter shall be subject to appropriate injunctive relief and shall be liable for damages, costs, and reasonable attorney fees. Treble damages shall be awarded for willful failure to comply with the relocation payment obligations established by this chapter. Any action pursuant to this chapter shall be a civil matter and adjudicated through civil court.

(c) The City Attorney is authorized to bring a civil action and/or proceeding for violation of this chapter, or any guideline or rule promulgated pursuant to Section 11-2.09 of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this chapter.

(d) Criminal penalty. Any person lawfully convicted of violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, which shall be punishable as provided in Section 1-2.02 of this Code and other applicable law.

(e) Remedies cumulative.

(1) The remedies, violations, and penalties set forth in this chapter are cumulative and in addition to all other remedies, violations, and penalties set forth in this Code, or in any other City, County, State or Federal ordinance, laws, rules or regulations.

(2) The City's decision to pursue or not pursue enforcement of any kind shall not affect a tenant's rights to pursue civil remedies in accordance with this chapter.

(§ 1, Ord. 937, eff. April 27, 2023)

Statutory References