The City of Glendale's Just Cause
Eviction:
First of all, Glendale's version
of rent control is not really like the statute that the City of Los
Angeles has. Instead
it establishes the criteria under which a tenant may be evicted. It also states
what has to be in the lease and it does provide some relocation assistance,
although it is less than the City of Los Angeles' law does. Below is a
redaction of the actual law from the City's website.
THE ELEVEN LEGAL REASONS FOR
EVICTIONS IN THE
CITY OF GLENDALE
A landlord may bring an action to recover possession of a
rental unit only upon one of the following grounds:
1. The tenant has failed to pay the rent to which the
landlord is entitled.
2. The tenant has violated their lease or rental agreement,
and has failed to comply after having been given lawful notice.
3. The tenant is committing or permitting to exist a nuisance
or is causing damage to the rental unit or to the property. A nuisance is
anything that creates an unreasonable interference with the comfort, safety, or
enjoyment of any of the other residents of the same or adjacent buildings.
4. The tenant is using or permitting a rental unit to be used
for any illegal purpose. This includes committing any such acts within a 1,000
feet radius of the boundary line of the property.
5. The person in possession of the rental unit at the end of
a lease term is a subtenant not approved by the landlord.
6. The tenant has refused the landlord reasonable access to
the unit for the purpose of making repairs or improvements, inspection, or for
the purpose of showing the rental unit to any prospective purchaser or
mortgagee.
7. The landlord seeks in good faith to recover possession so
as to demolish, or perform other work on the building or unit, if: (i) the work
costs at least eight times the amount of the monthly rent times the number of
rental units being worked on, and (ii) such work makes the unit uninhabitable
for more than 30 days. If a landlord is converting the unit to a condominium,
separate noticing regulations apply.
8. The landlord seeks in good faith to recover possession of
the rental unit for use and occupancy by:
b) The landlord, or the
landlord's spouse, grandparents, brother, sister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, children, or parents.
c) Tenants who require case
management or counseling as part of the tenancy.
9. The landlord seeks in good
faith to recover possession in order to remove the rental unit permanently from
rental housing use.
10. The landlord seeks in good
faith to recover possession of the rental unit in order to comply with a
governmental agency's order to vacate.
11. The landlord seeks in good
faith to recover possession of the rental unit in order to comply with a
contractual agreement relating to the qualifications of tenancy.
EXEMPTION:
I. When is a rental unit exempt
from the Ordinance?
ALL RENTAL UNITS ARE COVERED,
EXCEPT:
- • Rental units located on a parcel containing
two or fewer dwelling units;
- • Rooms or accommodations in hotels, etc.
which are rented for a period of less than 60 days;
- • Section 8 housing and/or other government
subsidized units;
- • Other limited circumstances.
II. How may a unit become exempt
from the Ordinance?
A rental unit is or may become
exempt from the Just Cause for Eviction Ordinance if a landlord offers a new or
existing tenant in good faith a written lease with a term of one year. If
offered a lease, a tenant or a prospective tenant may:
1) Accept the lease in writing.
OR
2) Reject the lease in writing,
or by failing to sign the lease within 30 days of the offer. In either case, the
unit is exempt from the Ordinance.
If the tenant rejects the offer
for a written lease with a term of one year, the landlord and tenant may then
enter into a written rental agreement that provides for rental terms
substantially similar to the lease offered. Every written rental agreement
subject to this exemption must provide the following notice in a box above the
space for the tenant’s signature (in at least 8 point bold faced type):
III. What must be stated in a
lease?
Under the terms of the
Ordinance, if a unit is to become exempt from the Ordinance, a written lease
between a landlord and tenant with a term of one year must set the rental rate
in the lease.
The rental unit is exempt from
Chapter 9.30 of the Glendale Municipal Code, Just Cause Eviction, because of the
landlord’s offer of a written lease which has a term of one year.
IV. Can A lease be renewed?
If the landlord wishes to renew
the lease, then at least 90 days prior to the expiration of the written lease,
the landlord shall offer in good faith a written lease with a minimum term of
one year. Within 30 days of the written offer, the tenant must either accept or
reject the offer. In either case, the unit is exempt from the Ordinance.
V. What if the landlord doesn’t
want to renew the lease?
If the landlord wishes to
terminate the lease, then at least 90 days prior to the expiration of the
written lease, the landlord shall notify the tenant of his intent not to renew.
This must be done in writing, separate from the lease.
VI. Who must the landlord inform
of his intent to renew or terminate the lease?
Only those individuals who are
identified in the lease or those who have been identified as additional tenants
in a separate written notice.
VII. What must be on the notice
to quit or notice to terminate?
The landlord must set forth the
reasons for the termination, with specific facts to permit a determination of
the date, place and circumstances concerning the reason.
RELOCATION ASSISTANCE
I. Under what conditions must
landlords provide relocation assistance?
A. The following require
landlords to provide monetary relocation assistance:
1) When the unit is
permanently removed from the rental housing market or requires eviction for
demolition.
2) When the unit requires
eviction for major rehabilitation.
3) When the landlord evicts
for the occupancy of her/himself, spouse, grandparents, brother, sister,
father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or
parents, a resident manager, or a tenant who requires case management or
counseling as part of the tenancy.
4) When landlord evicts to
comply with a governmental agency's Order to Vacate.
5) When they are evicted due
to condominium conversion or for commercial use of the property.
II. Are there any exemptions
from relocation assistance?
A tenant would not be eligible
for relocation:
1) When the tenant received
actual written notice prior to entering into a written or oral tenancy
agreement that an application to subdivide the property or convert the
building to a condominium was on file with or had been approved by the City.
2) If evicting a resident
manager to replace him/her with another resident manager.
3) When landlord evicts to
comply with a governmental agency's Order to Vacate due to hazardous
conditions caused by a natural disaster or an act of God.
4) The tenant receives
relocation assistance from another governmental entity and that amount is
equal to or greater than the amount provided in the Glendale Just Cause
Eviction ordinance.
III. What is the relocation
amount?
The Landlord shall pay a
relocation fee in the amount of two (2) times the amount of the current fair
market rent as established by HUD for a rental unit of similar size, PLUS
$1,000. Additional exceptions may apply. See the City website (www.ci.Glendale.ca.us)
for the current HUD fair market rent rates.
IV. How shall payment be made?
A. 1) The entire fee shall
be paid to a tenant who is the only tenant in a rental unit.
2) If a rental unit is
occupied by two or more tenants, each tenant shall be paid a pro-rata share
of the fee.
B. 1) Payment shall be made
within fifteen (15) days of service of a written notice of termination;
however,
2) The landlord may, at the
landlord's sole discretion and at the landlord's cost, deposit the
relocation amount with his attorney or establish an escrow account for the
tenant(s) in lieu of the payment described in B (1) above to be disbursed to
the tenant upon certification of vacation.
RETALIATION
I. What’s retaliation?
Retaliation occurs when a
landlord, with the intent to retaliate against the tenant as a result of the
tenant’s assertion or exercise of rights under the law or the tenant’s request
or demand for or participation in mediation, arbitration, or litigation, does
one of the following:
- • threatens to evict or evicts a tenant
- • causes the tenant to involuntarily move
from a rental unit
- • serves any notice to quit or notice of
termination of tenancy
- • decreases any services or increases the
rent
The landlord’s retaliatory
action must be within 180 days of the tenant’s assertion or exercise of his/her
rights.
II. What are the penalties if
the landlord has retaliatory intent?
The tenant may assert
retaliatory eviction as a defense. Retaliatory eviction may be punishable by:
(1) a fine not exceeding $250.00 for the first violation; (2) a fine not
exceeding $500.00 for the second violation; and (3) as a misdemeanor by a fine
not exceeding $500.00 or imprisonment for a term not exceeding 6 months.
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