In 2022 the City of Chula Vista enacted the Residential Tenant Protection Ordinance (RTPO). The RTPO requires “just cause” for evictions consistent with state law, and includes additional protections for tenants in certain circumstances. Here is a synopsis of the ordinance.
The RTPO does not apply to the following residential tenancies:
• Single-family owner-occupied residences in which the owner rents no more than two units;
• A two unit property where the owner occupies one of the units;
• A unit that is alienable is separate from the title to any other dwelling unit; if (1) the owner is not a real estate investment trust, corporation, limited liability company or mobile home park manager, and (2) the tenants were provided written notice that the unit is exempt from this section using the language set forth in the ordinance;
• A homeowner in a mobile home;
• Transient and tourist hotel occupancy;
• Any residential occupancy of less than 30 days
• Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly;
• Residential property used for educational purposes that is owned by the City;
• Accomodations where the tenant shares a bathroom or kitchen facilities with the Owner; or
• Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of low income, except the Section 8 Housing Choice Voucher program.
Just Cause Required
The Ordinance requires “just cause” to terminate a tenancy, broken down into “at fault” and “no fault” just cause.
At-Fault Just Cause. At-Fault Just Cause includes:
1. Default in payment of rent.
2. A breach of material term of the lease; (two notices required for curable lease violations)
3. Maintaining, committing, or permitting a nuisance;
4. Committing waste;
5. The tenant’s refusal to execute a written lease extension containing provisions similar to the prior lease.
6. Criminal activity by the tenant;
7. Unauthorized assigning or subletting;
8. Refusal to provide access;
9. Using the premises for an unlawful purpose
10. A tenant/employee’s refusal to leave after termination of the employment
11. A tenant’s failure to deliver possession of the unit after agreeing in writing to leave on a date certain.
No-Fault Just Cause. No-Fault Just Cause includes:
1. Family member move-in;
2. Compliance with a government order;
3. Withdrawal of the unit from the rental market;
4. Substantial remodel of the premises requiring a permit and taking over 60 days (Cosmetic improvements do not qualify)
Relocation Assistance Required for No Fault Tenancy Terminations
The owner must give the tenant notice of his or her right to relocation assistance or rent waiver pursuant to this section. The owner must also provide written notice to the City of the Just Cause reason for terminating the tenancy.
The owner shall, regardless of the tenant’s income or length of tenancy, either (i) provide a direct payment to the tenant in an amount equal to one month of actual rent then in effect under the tenant’s lease; or (ii) waive in writing the payment by the tenant of then due or future rent otherwise due under the lease in an amount equivalent to one month’s rent.
For owners of 4 or more units on one lot, the relocation assistance payment requirements are higher. Please check the Ordinance for details.
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@example.com. Our experienced professionals are standing by to take your order or answer any questions you may have.