On September 12, 2023, the Burbank City Council adopted residential tenant protections for tenants who have been displaced because of a landlord’s substantial remodel of the premises. The Ordinance requires landlords to obtain permits for demolition or substantial remodeling and provide three months of relocation assistance to tenants displaced by no-fault just cause evictions arising from substantial remodels.
Requirements for Evictions Based on Substantial Remodel/Demolition of the Rental Unit
The key provision of the Ordinance is the establishment of requirements for evictions based on the landlord’s plan to demolish or substantially remodel a property. The process for the landlord or property owner includes:
- Securing the required permits;
- Plan check submittal to the City’s Building Division, if required;
- Providing copies of the building, demolition, and/or hazardous material abatement permit(s) to Tenant;
- Providing the Tenant with a written, detailed account of the scope of work, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work cannot be completed within thirty days.
Substantial Remodel is defined as:
“replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental 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. “
The notice of termination of a tenancy is void if these requirements are not met. A violation of the Ordinance can be invoked as an affirmative defense to an unlawful detainer action in civil court.
Also effective September 12, 2023, tenants receiving “no-fault just cause” notices to vacate for substantial remodel are entitled to relocation assistance in the amount of three months of the tenant’s current rent, based on the rent in effect when the notice was issued.
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.