The City of Los Angeles has a “just cause” eviction control ordinance allowing evictions based on the owner’s intention to move into the property. Here is a summary of the requirements for owner move-in evictions regarding properties subject to Los Angeles’ Just Cause Ordinance.
Allowable Reasons for Owner Move-In Evictions
Los Angeles Municipal Code (LAMC) 165.03(H) authorizes evictions under the JCO for owner or owner family member move-in when the owner or family member “seeks in good faith to recover possession of residential real property for use and occupancy as a primary place of residence.” Covered family members include the landlord’s spouse, domestic partner, grandchildren, children, parents, or grandparents. The ordinance also extends to a resident manager, janitor, housekeeper, caretaker, or other responsible person who is required to reside upon the premises by law or under the terms of an affordable housing covenant or regulatory agreement.
Notice and Filing Requirements
LAMC 165.05(B)(2) explains the notice and filing requirements that the City of Los Angeles’ must follow when terminating a tenancy and evicting a tenant based on the Ordinance’s owner-family member move in provisions. The tenant must be served with a 30 day notice to terminate tenancy if the tenant has lived at the property for less than a year, or a 60 day notice to terminate tenancy if the tenant has lived at the property for more than a year. A copy of any written notice terminating a tenancy must be filed with the Los Angeles Housing Department within three business days of service on the tenant. The landlord must also provide the tenant with a renter protections fact sheet provided by the City.
The landlord is also required to file a declaration with the Department of Housing identifying the person to be moved into the residential real property, the date on which the person will move in, the rent presently charged for the residential real property, and the date of the last rental increase. This declaration must be served on the tenant by personal service, substituted service, or “posting and mailing” (See California Code of Civil Procedure Section 1162.)
Relocation Assistance
Landlords subject to the owner move-in provisions of the JCO must pay relocation assistance to the tenant to move out of the home in order to evict for owner or family member move ins. The amount of the relocation assistance money varies depending on several factors, including the length of time the tenant has resided at the property, the tenant’s income level, and the type of property (i.e. whether it’s a single family dwelling, apartment, etc.) Relocation assistance payments must be paid to the tenant within 15 days of service of a written notice of termination. Notably, a landlord can generally offset the tenant’s accumulated rent against any relocation assistance owed to the tenant.
The Unlawful Detainer Lawsuit
If the tenant does not voluntarily leave after being served with the notice the landlord must file and prevail in an unlawful detainer action in court. This results in the court’s issuance of a writ of possession, which is essentially a court order directing law enforcement to physically remove the tenants from the property.
Lynx Legal has substantial experience handling owner move-in evictions from start to finish under Los Angeles’ Just Cause Ordinance. Please contact us at 888-441-2355 or info@lynxlegal.com with any questions regarding the above or if you are ready to proceed with your case.