LA County Has Approved Permanent Just Cause Eviction Ordinance
Updated 10/14/24
In an important shift for tenants and landlords alike, the Los Angeles City Council has passed a permanent just cause eviction ordinance that went into effect on January 27, 2023. This new regulation replaces the protections previously offered under the Tenant Protection Act of 2019, tightening the rules governing evictions in most rental units across the city. For landlords, understanding the implications of this law is crucial to ensure compliance while navigating tenant relationships. This article will break down the key elements of the ordinance, how it differs from previous legislation, and what both tenants and landlords need to know.
What is the Just Cause Eviction Ordinance?
The just cause eviction ordinance is designed to protect tenants from unjust evictions by requiring landlords to provide specific, legally acceptable reasons for terminating a tenancy. These reasons, outlined in LAMC section 165.03, set strict limitations on when and why a landlord may evict a tenant. This marks a significant departure from the previous framework under the Tenant Protection Act, where certain rental properties were exempt from these eviction restrictions.
Landlords can now only terminate a tenancy if one of the following just causes applies:
- Non-payment of rent.
- Breach of a lease agreement.
- Nuisance or illegal activity.
- Refusal to allow access for repairs.
- Owner move-in.
- Substantial renovations requiring vacancy.
- Withdrawal of the rental unit from the market.
Without one of these valid reasons, landlords cannot serve an eviction notice. Furthermore, the ordinance prohibits landlords from retroactively changing lease terms to restrict pets or evict tenants for the presence of additional adult occupants or minor dependent children.
Key Differences from Previous Tenant Protection Laws
One of the most significant changes brought by the just cause eviction ordinance is its broader scope. While the Tenant Protection Act of 2019 provided eviction protections for tenants in rent-controlled properties, this new ordinance extends these protections to a wider range of rental units, including single-family homes. Under the Tenant Protection Act, single-family homes owned by corporations or LLCs were typically exempt, but this is no longer the case.
Additionally, the just cause ordinance imposes stricter requirements for eviction notices. Now, landlords must include specific facts detailing the reason for eviction to give tenants a clear understanding of why they are being asked to leave. These notices must also be filed with the Los Angeles Housing Department (LAHD) within three business days of being served to the tenant. Failing to adhere to these requirements could render the eviction notice invalid, potentially delaying the process for landlords.
Exemptions to the Just Cause Eviction Ordinance
While the just cause eviction ordinance covers most rental units in Los Angeles, there are notable exceptions. Rental units subject to the Los Angeles Rent Stabilization Ordinance (LARSO) will continue to follow the guidelines of the existing rent-control laws. Other exempt properties include housing accommodations in hospitals, religious facilities, institutions of higher education, and certain government-owned properties.
Importantly, single-family homes are not exempt from this ordinance, regardless of whether they are owned by individual landlords or corporate entities. This means that all single-family rental homes in Los Angeles are now subject to the just cause eviction requirements.
Relocation Assistance for No-Fault Evictions
Another significant feature of the just cause eviction ordinance is the requirement for landlords to provide relocation assistance to tenants facing “no-fault” evictions. No-fault evictions occur when tenants are forced to leave for reasons unrelated to their conduct, such as when a landlord decides to withdraw the unit from the rental market, substantially remodel the property, or move into the unit themselves.
The amount of relocation assistance varies based on several factors, including the length of the tenancy and the specific circumstances of the tenant. For example, longer-term tenants and those with low incomes may be eligible for higher relocation payouts. This provision aims to soften the blow of eviction by helping tenants transition to new housing, especially in cases where they are displaced through no fault of their own.
Implications for Landlords
For landlords, the just cause eviction ordinance introduces several new layers of responsibility. Not only do they need to ensure that all eviction notices meet the legal requirements outlined in the ordinance, but they also need to be mindful of the expanded tenant protections, particularly when it comes to lease modifications and allowable reasons for eviction.
One of the challenges for landlords will be adjusting to the prohibition on retroactive changes to the terms of a tenancy. For instance, if a lease previously allowed pets, the landlord cannot change the terms mid-lease to disallow them. Similarly, landlords cannot evict tenants for taking in an additional adult or minor dependent child, provided they notify the landlord in accordance with the lease agreement.
Filing eviction notices with the LAHD within the required timeframe is another critical compliance issue. By failing to do so, landlords could face legal setbacks, including the possibility of their eviction notices being rendered invalid. Moreover, landlords who issue no-fault evictions must be prepared to provide the appropriate amount of relocation assistance, which can be a considerable financial burden, depending on the situation.
Best Practices for Landlords
To ensure compliance with the just cause eviction ordinance, landlords should adopt the following best practices:
- Review lease agreements: Ensure your current leases comply with the new rules and don’t contain clauses that contradict the ordinance.
- Document interactions and lease violations: If pursuing a just cause eviction, it’s essential to document all instances of lease violations or issues that could justify termination.
- Stay informed on relocation assistance requirements: Know what you’ll owe tenants in the event of a no-fault eviction, and factor these costs into your financial planning.
- Consult with legal professionals: Given the complexity of the ordinance, seeking legal advice can help avoid costly mistakes in the eviction process.
The just cause eviction ordinance represents a major shift in tenant protections in Los Angeles County, expanding the reach of eviction regulations and ensuring tenants are shielded from unfair displacement. While these changes offer critical protections for tenants, they also create new challenges and responsibilities for landlords. By staying informed and ensuring compliance, landlords can navigate these changes effectively while maintaining positive tenant relationships.
Understanding and following the guidelines of the just cause eviction ordinance is key to successfully managing rental properties in Los Angeles in this new regulatory environment.
Filed under: Los Angeles County