Overview of Santa Monica’s Eviction Control Ordinance

Santa Monica’s rent control laws include eviction protections limiting evictions to the reasons enumerated by the ordinance.  Here is a summary of the eviction control provisions of the ordinance.

Registration Requirement

All covered properties must be registered with the City.  Santa Monica, Cal., Rent Control Law § 1803(q).  Landlords that fail to have properly registered their property cannot increase a tenant’s rent until the property is registered.  Id.

Just Cause Reasons for Eviction

A landlord must have a just-cause reason to terminate a tenancy covered by the Santa Monica Rent Control Law.  The eleven just-cause reasons for eviction under the Santa Monica Rent Control Law are:

• Tenant’s failure to pay rent
• Tenant’s material breach of an obligation under the lease.
• Nuisance activity
• Causing substantial damage to the unit
• Illegal activities at the premises
• Tenant’s refusal to execute a substantially similar extension or renewal of a lease
• Refusal to provide access
• Holdover tenant who is not the original occupant and not approved by the landlord
• Owner-Relative move in
• Demolition of the property
• Withdrawal of the unit from the rental market

For evictions based on breach of lease, nuisance, causing substantial damage and refusing to provide access, the tenant must be given a reasonable amount of time to correct the problem before a landlord may serve a notice to perform or quit.

Owner Move-in Requirements

The owner must be a natural person (not a corporation, partnership, limited partnership, association, or trust company) who owns at least 50% of the property, have good-faith intentions to move into the unit within thirty days after the tenant vacates, occupies the unit as their primary residence for at least one year, not already occupy one of the units on the property, and has no comparable vacant unit at the property to move into.  Santa Monica, Cal., Rent Control Law § 1806(a)(8).

A tenant cannot be evicted through an owner move-in if the tenant (1) has resided in the unit for at least five years and is (2) sixty-two years old or older, disabled, or is certified as being terminally ill.  Santa Monica, Cal., Rent Control Law § 1806(a)(8).  However, a landlord (or relative) that also meets one of these criteria may evict a tenant that would have otherwise qualified for protection from eviction.  Id.

Relocation Assistance

If a tenant is evicted because of an owner-move in, demolition, or Ellis Act, they are entitled to receive relocation assistance.

Non Waiver of Tenant Rights

Any provision in a lease or rental agreement (whether verbal or written) that waives a tenant’s rights under the ordinance is against public policy and therefore void and unenforceable by the landlord.  Santa Monica, Cal., Rent Control Law § 1807.

Protections Afforded by the City of Santa Monica Housing Policies

In 2010 Santa Monica extended eviction protections to non-rent controlled units. Under the City of Santa Monica Housing Policies, all multi-unit buildings that are not protected under the Santa Monica Rent Control Law have just cause for eviction protections, regardless of their date of construction.  Santa Monica, Cal., Housing Policies § 2304. 

The eviction protections for units not under rent control are essentially the same as those for controlled units. The only major difference between the two is that units covered by Santa Monica Rent Control Law can only be withdrawn from the rental market either through a permitted demolition or through an Ellis Act eviction.

Please contact Lynx Legal with any questions regarding the above, and for all of your eviction needs.  We can be reached at 888-441-2355 or info@lynxlegal.com.  Our experienced staff is standing by to take your order or answer any questions you may have.