The City of Oxnard has enacted a rent control and eviction protection ordinance that limits evictions to the reasons specified in the Ordinance. Below is a summary of the eviction control provisions of the Ordinance.
Subject to the exceptions below, a property is covered if at least one tenant has continuously and lawfully occupied the property for thirty days. Excluded rental units include the following:
- Units in transient and tourist hotels;
- Units in properties covered by a Short Term Vacation Rental Permit from the City;
- Units in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, or adult residential facility;
- Dormitories owned and operated by schools;
- Housing where the tenant shares a bathroom or kitchen with the landlord;
- Single-family homes where the landlord resides in the home and leases no more than two (2) bedrooms; and,
- A duplex where the landlord occupies one of the units as their principal residence
Landlord Must Provide Notice of the Existence of the Ordinance
Oxnard tenants must be served with written notice regarding their rights under the Ordinance. The notice must specify the following:
- The existence of the Oxnard Rent Ordinance; and,
- The right to relocation assistance, as provided under the Oxnard Rent Ordinance.
The landlord must serve the notice on the tenant when serving any notice of change in terms of tenancy, and on or before the date the tenant commences their tenancy.
Additionally, the Ordinance requires landlords to post a notice providing information about Ordinance in a conspicuous location on the property.
Just Cause Reasons for Eviction
The Ordinance delineates the just cause reasons to terminate a tenancy, as follows:
- Failure to pay rent;
- Breaches of a material term of the lease, after receiving written notice to stop;
- Maintaining, committing, or permitting a nuisance in violation of California Code of Civil Procedure section 1161(4);
- Committing waste in violation of California Code of Civil Procedure section 1164;
- Tenant’s refusal of a landlord’s written request to execute a new, similar lease for an additional term of similar duration;
- Engaging in criminal activity at the property;
- Unauthorized assignment or subletting of the property’
- Tenant’s refuses to allow the landlord to lawfully enter the rental unit;
- Use of the rental unit for an unlawful purpose;
- Employee tenant’s failure to vacate after their termination of employment;
- Failure to deliver possession of the residential real property after providing the landlord with written notice that tenant was vacating the unit;
- Intended owner/relative move-in, subject to strict procedural requirements of the Ordinance;
- Ellis Act evictions;
- The landlord must comply with a government agency or court order to vacate relating to habitability issues;
- The landlord seeks to demolish or substantially remodel the property;
General Requirements of a Notice of Termination of Tenancy
All termination notices must include the following information:
- The just cause reason for the termination of tenancy;
- The landlord has not accepted and will not accept rent or any other consideration in return for the Oxnard tenant’s continued use of the property beyond the term of the terminated tenancy, in compliance with California Civil Code sections 1945 through 1946.5;
- The landlord qualifies the termination as at-fault or no-fault just cause;
- The landlord has submitted to the City of Oxnard, within five (5) days after serving the notice of termination on the Oxnard tenant, a true and accurate copy of the landlord’s written notice of termination of tenancy, along with signed proof of service;
- When the landlord and Oxnard tenant have entered into a written lease, the landlord must provide the notice in the language used in the written lease, in addition to English;
- When the landlord and Oxnard tenant have not entered into a written lease, the landlord must provide the notice in the language used to negotiate the terms of the tenancy, in addition to English.
Required Contents of Notices to Cure Lease Violations
When terminating a tenancy for a curable lease violation, the landlord’s notice to cease must contain the following:
- Date of Notice;
- A warning that the tenant’s failure to cure may result in the initiation of an eviction lawsuit;
- A statement that the tenant has a right to request a reasonable accommodation if disabled;
- The City of Oxnard’s contact number; and,
- A specific statement of the reason(s) for the written notice to cease or correct with specific facts to help the Oxnard tenant determine the date(s), place(s), witness(es), and/or circumstance(s) that support the reason(s) for the eviction.
If the tenant fails to respond or cure the alleged violation, the landlord may then serve an unconditional three-day (3) notice to quite on the tenant.
Relocation Assistance Payment Obligations of Landlord
Landlords must provide relocation assistance for any no-fault evictions. Tenants are entitled to relocation assistance equal to two months rent, or $5,000.00, which ever is greater. The landlord must pay the tenant the relocation assistance within fifteen calendar days of serving the termination of tenancy notice. A landlord’s failure to comply with his or her relocation assistance payment obligations invalidates the termination notice.
Please contact Lynx Legal with any questions regarding the above, and for all your eviction needs. We can be reached at 888-441-2355 or firstname.lastname@example.org. You can also schedule a telephonic consultation on our website. Our experienced professionals are standing by to answer any questions or complete the intake if you are ready to start a case.