Ventura Municipal Code Ch. 8.1100 Just Cause Evictions

8.1100.010 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

“Residential real property” means any dwelling or unit that is intended for human habitation.

“Substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a government 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.

“Tenancy” means the right to lawfully occupy residential real property and includes a lease or sublease. (Ord. No. 2022-006, § 1, 5-23-22)

8.1100.020 No-fault just cause eviction generally.

Except as expressly modified in this chapter for no-fault just cause evictions based on intent to demolish or to substantially remodel the residential real property, the terms of California Civil Code Section 1946.2 apply as set out in the statute. (Ord. No. 2022-006, § 1, 5-23-22)

8.1100.030 Evictions based on intent to demolish or substantially remodel residential property.

A. Before an owner of residential real property issues a notice to terminate a tenancy for no-fault just cause for intent to demolish or substantially remodel residential real property under California Civil Code Section 1946.2(b)(2)(D), the owner shall have obtained all necessary permits for the substantial remodel and/or demolition from all applicable governmental agencies. All termination notices for no-fault just cause described in this section shall include a copy of all issued permits and include reasonably detailed information regarding each of:

The scope of the substantial remodeling or demolition work;
Why it cannot be reasonably accomplished in a safe manner with the tenant in place; and
Why it requires the tenant to vacate for at least 30 days.

B. All notices of termination issued after May 23, 2022, by a residential real property owner for no-fault just cause eviction for the intent to demolish or substantially remodel residential property under California Civil Code Section 1946.2(b)(2)(D) shall comply with this chapter.

C. To the extent applicable for a no-fault just cause eviction for intent to demolish or substantially remodel residential real property under California Civil Code Section 1946.2(b)(2)(D), the owner must provide relocation assistance in accordance with this section. The amount of relocation assistance or rent waiver shall be equal to two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

D. These requirements are in addition to and do not supersede any other obligation the owner may have under applicable local, state, and federal law. No other legal remedies available to owners are affected by this chapter. (Ord. No. 2022-006, § 1, 5-23-22)

8.1100.040 Applicability.

This chapter shall not apply to the residential real properties or circumstances described in California Civil Code Section 1946.2(e). (Ord. No. 2022-006, § 1, 5-23-22)

8.1100.050 Remedies.

A. This chapter may be asserted as an affirmative defense in an unlawful detainer proceeding. An owner’s failure to comply with this chapter does not constitute a criminal offense.

B. In addition to any other remedies available in law and equity, any owner of residential real property who intentionally violates this chapter when issuing an invalid termination notice pursuant to this chapter shall be liable in a civil action to the tenant for a civil penalty in an amount of up to $15,000 and/or reasonable attorney’s fees and costs, each as determined by the court. A tenant may enforce the provisions of this subsection B by means of a civil action. (Ord. No. 2022-006, § 1, 5-23-22)