Almost all residential units in the City of West Hollywood are covered by the City’s eviction protection ordinance. The Ordinance requires evictions to be based on a specified reason and requires the payment of relocation assistance for tenant’s displaced by a “no fault” eviction. Here’s a summary of the eviction protection and relocation assistance provisions of the ordinance.
Registration/Notification Requirement
All non-exempt properties must be registered. Landlords must also re-register the property when it has been re-rented and when there is a change of ownership or management. Failure to do so precludes the landlord from imposing a rent increase on the tenant. Landlords are also required to notify all tenants at the beginning of their tenancy by proving a written notice of their rights and a copy of the ordinance.
Just Cause Reasons for Eviction
The primary reasons for eviction are as follows:
- Nonpayment of Rent
- Violation of Obligation of Tenancy
- Nuisance
- Illegal Use of the Rental Unit
- Refusal to Renew Lease
- Refusal to Provide Access
- Unauthorized Subtenant
- Termination of Resident Manager or Employee
- Landlord’s return from temporary absence from Principal Residence
- Owner/Relative Move-In – subject to numerous procedural hurdles, and substantial relocation fee must be paid to tenant.
- Landlord Needs to Correct Building and Safety or other code violations, provided that it will take more than six months to complete and all required permits have been obtained from the City and County.
- Withdrawal of Unit from the Rental Market
- After foreclosure of a single-family home or condominium if certain conditions are met.
- Tenant fails to obtain renter’s insurance as required by lease, if certain conditions are met
Requirements for Initial Notice
Landlords must serve tenants written notice which states the specific grounds for the termination of tenancy in detail and recites the section of the Ordinance that authorizes the termination. The landlord must file a copy of the notice with the City along with any summons and complaint within 5 days after filing for unlawful detainer.
Relocation Assistance
Tenants who are evicted for a no-fault reason such as an owner or relative move-in, an Ellis Act eviction, an eviction for a certified medical reason, foreclosure, or for the landlord to correct building violations are entitled to relocation benefits under the ordinance. Relocation benefits under the ordinance are calculated by either unit size, household income, or household type. Relocation payment amounts range from $8,000 to over $26,000.
Buyout Agreements
Before making a buyout offer, the landlord must provide the tenant with a pre-buyout disclosure form explaining the tenant’s rights under the ordinance. Buyout agreements must be in writing and must be provided to each tenant at least ten business days before executed. The agreement must also contain specific required language in bold letters in at least 14-point type near the tenant’s signature line regarding the tenant’s rights. The fully executed agreement must be filed with the city no less than 31 days after and within 60 days of the agreement being signed by all parties and a copy must be provided to the tenant.
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 [email protected]. 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.