For both tenants and landlords, it's important to be aware of your rights and responsibilities when it comes to eviction. Just Cause Eviction ordinances play a vital role in tenant protection by establishing guidelines for terminating tenancy and preventing retaliatory actions against tenants who exercise their rights. These ordinances establish requirements for termination of tenancy, ensuring that landlords have a valid reason for eviction and prohibiting retaliation against tenants who exercise their designated rights.
The implementation of Just Cause Eviction ordinances in Glendale stems from a collective effort to protect tenants from arbitrary evictions and ensure a fair and stable rental market. The ordinances was first introduced in 2001 as a response to concerns over increasing rent prices, inadequate tenant protections, and the need to strike a balance between the rights of both landlords and tenants.
In this guide, we will delve deeper into Just Cause Eviction in Glendale, specifically focusing on reasons a landlord can evict, the relocation assistance provided to tenants and the exemptions to these ordinances.
the Twelve Legal Reasons for Evictions
The Just Cause for Eviction ordinance provides clear guidelines for landlords in initiating eviction proceedings. It distinguishes between No-Fault and At-Fault evictions, ensuring that tenants are protected and eviction is justified based on specific circumstances.
At-Fault Evictions: At-Fault evictions occur when tenants are responsible for breaching the terms of their lease or engaging in behavior that violates rental agreements. The following situations may lead to eviction:
1. Non-Payment of Rent: If tenants fail to pay rent as agreed upon, landlords may initiate eviction proceedings.
2. Lease Violation: If tenants violate the terms of their lease or rental agreement and fail to rectify the issue after receiving lawful notice.
3. Nuisance: Tenants who create a nuisance, or disrupt the comfort and safety of other residents may face eviction.
4. Illegal Activities: If tenants engage in illegal activities within a 1,000 foot radius of the property or permits such activities on the premises.
5. Unauthorized Sub-tenancy: If the tenant allows a subtenant who has not been approved by the landlord to reside in the rental unit.
6. Denial of Access: When tenants deny a landlord reasonable access to the rental unit for necessary repairs, inspections, or showing the unit to potential buyers or mortgagees.
7. Smoking in Prohibited Areas: If the tenants smoke in the rental unit or in common areas where smoking is prohibited.
No-Fault Evictions: No-Fault evictions occur when it is not the tenant's fault and they have not triggered any adverse events. Landlords may initiate eviction proceedings based on the following reasons:
1. Demolition or Major Rehabilitation: If the landlord intends to demolish the rental unit or perform significant rehabilitation that renders the unit uninhabitable for more than 45 days, eviction may be initiated.
Requirements for Demolition or Major Rehab Evictions - Learn More
2. Owner/Family or Resident Manager Occupancy: Landlords have the right to recover possession for themselves, their immediate family members, or resident managers. A landlord may not utilize this reason as grounds to evict a qualified tenant, unless no other comparable unit is available.
Requirements for Owner/Family or Resident Manager Occupancy - Learn More
3. Permanent Removal from the Housing Market: In cases where the rental unit is permanently removed from the housing market, eviction may be initiated. This could happen due to reasons such as the conversion of the property for non-residential use or other circumstances that result in the unit no longer being available for rent.
4. Compliance with Governmental Orders: If a governmental agency issues an order to vacate the premises, the landlord may evict tenants to comply with such an order.
5. Contractual Agreements with Governmental Entity: Landlords may seek to recover possession of the rental unit if tenants fail to comply with contractual agreements relating to tenant qualifications. These agreements include specific requirements or conditions that tenants are expected to meet throughout the tenancy, with governmental entities where the tenant is no longer qualified.
Even with the specified grounds for eviction, landlords must follow specific procedures and provide proper documentation to initiate the eviction process. The next sections covers the necessary requirements.
Noticing requirements
Regardless of the grounds for eviction, landlords must adhere to specific procedures and fulfill documentation requirements when initiating the eviction process.
The notice requirements vary depending on whether the eviction is categorized as At-Fault or No-Fault:
At-Fault Evictions: If the eviction is due to a tenant's violation or breach of lease terms, it is considered an At-Fault eviction. In such cases, landlords can serve a 3-day notice to the tenant, clearly stating the reason for eviction. This notice provides a concise explanation of the specific violation that led to the eviction proceedings.
No-Fault Evictions: When the eviction is classified as No-Fault, it means that it is not attributed to any wrongdoing by the tenant. Instead, it may be due to reasons such as the landlord's intent to recover the property for personal use or a decision to permanently remove the rental unit from the housing market. In No-Fault evictions, landlords must provide tenants with a notice period of either 30 days or 60 days, depending on the length of their tenancy:
a) If the tenant has lived in the unit for less than a year, the landlord must give a 30-day notice.
b) For tenants who have resided in the unit for over a year, a 60-day notice is required.
For more information on noticing periods and the type of notice to use, please visit:
The information provided on this website is not intended to be legal advice. It is recommended to consult an attorney and conduct thorough research before taking any action related to tenancy matters.
Qualified Tenant
Understanding "Qualified Tenant"
When navigating or Rental Rights Program rules, it's crucial to grasp the concept of a "Qualified Tenant." This term encompasses specific criteria that tenants must meet to be considered qualified within the context of the Rental Rights Program. Let's break down the criteria for a tenant to be categorized as a "Qualified Tenant."
A Qualified Tenant can be classified into two categories: a Low-Income Tenant who is either 70 years of age or older, disabled or handicapped, or a school-aged child; or a Very Low-Income Tenant.
A. Low-Income Tenant:
A Low-Income tenant is defined as a household whose income does not exceed the qualifying limits for lower-income families, as established and periodically updated pursuant to Section 8 of the United States Housing Act of 1937 or as defined in California Health and Safety Code Section 50079.
Additionally, the member of the tenant's household must also meet one of the following criteria:
(i) 70 Years of Age or Older; or
(ii) Disabled or Handicapped: Defined in Title 42 United States Code Section 423 or Section 50072 of the California Health and Safety Code; or
(iii) Primary Residence of a School-Aged Child: This applies when the rental unit serves as the primary residence of a school-aged child enrolled in a school within the public school district to which the rental unit is assigned. Additionally, if the notice of termination requires the rental unit to be vacated during the current school term.
B. Very Low-Income Tenant:
A very Low-Income tenant is defined as a household whose income does not exceed the qualifying limits for lower-income families, as established and periodically updated pursuant to Section 8 of the United States Housing Act of 1937 or as defined in California Health and Safety Code Section 50079.5.
Benefits for Qualified Tenants
If a tenant is classified as a qualified tenant, they are entitled to two benefits. Firstly, a landlord may not utilize owner or family move-in evictions as grounds to evict a qualified tenant, unless no other comparable unit is available. Second, any required relocation fee is doubled for qualified tenants, providing them with additional relocation during the eviction process.
Understanding these qualifications is vital for both landlords and tenants. For tenants, it determines their eligibility for certain benefits or protections outlined in the rental agreement. For landlords, it ensures compliance with legal requirements and fair treatment of tenants based on their specific circumstances.
Relocation FEE
This relocation fee applies specifically the Just Cause Eviction.
In cases for No-Fault evictions, landlords in Glendale are required to provide monetary relocation assistance to affected tenants. Relocation fees are an essential provision aimed at supporting tenants during a challenging transition period and ensuring they can find suitable alternative housing. Relocation fees provide tenants with a monetary resource to help cover the costs associated with moving to a new home. Moving expenses, security deposits, and rental application fees can quickly accumulate, placing a significant financial burden on tenants. By providing relocation fees, landlords ease this financial strain, giving tenants the means to secure a new residence.
The formula to calculate the relocation fee is as follows:
3 x the greater of the amount of the current rent or Fair Market Rent (FMR) for a rental unit of similar size + $2,000
The 2024-2025 Fair Market Rents for different bedroom sizes are as follows:
Bedroom Size | 0 | 1 | 2 | 3 | 4 |
|---|---|---|---|---|---|
Fair Market Rent | $1,856 | $2,081 | $2,625 | $3,335 | $3,698 |
Examples:
A. In this option, the tenants rent is above the FMR.
If a landlord wants to vacate a tenant who resided in 2 bedroom for a no fault eviction, and the rent is $2,800, then the calculation would be:
(3 x $2,800) + $2,000
And the relocation amount would equal: $10,400
In cases where the tenant is a qualified tenant, the relocation amount would be doubled the amount above, so it would be equal to: $20,800
B. In this option, the tenants rent is below the FMR.
If a landlord wants to vacate a tenant who resided in 2 bedroom for a no fault eviction, and the rent is $2,300, then the calculation would be:
(3 x $2,625) + $2,000
And the relocation amount would equal: $9,875
In cases where the tenant is a qualified tenant, the relocation amount would be doubled the amount above, so it would be equal to: $19,750
Landlords must provide the first half of the relocation fee 5 days following notice of eviction and the remainder no later then 5 days after the tenant vacates.
Important: In addition to general exemptions that apply to all evictions, Demolition or Major Rehabilitation evictions have an additional exemption:
Properties containing four or fewer units on a parcel are exempt from providing relocation fees.
Exemptions
While the Just Cause for Eviction ordinance applies to most rental units, there are exemptions to be aware of, including:
Rental units located on parcels with two or fewer dwelling units.
Single Family Homes
Condominiums and Townhouses
Rooms or accommodations in hotels rented for less than 30 days.
Other limited circumstances.
In addition to general exemptions that apply to all evictions, Demolition or Major Rehabilitation evictions have an additional exemption:
Properties containing four or fewer units on a parcel are exempt from providing relocation fees.
The information provided on this website is not intended to be legal advice. It is recommended to consult an attorney and conduct thorough research before taking any action related to tenancy matters.
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