On February 12, 2019, the Glendale City Council adopted Ordinance No. 5922 which extends the “Just Cause Eviction” Ordinance by adding two new programs. These new programs consist of:
- “Right To Lease”, according to which landlords must offer tenants a minimum one year lease at the time of a rent increase, and
- “Relocation Assistance” which gives tenants a right for relocation assistance from the landlord in case they decide to vacate a unit in response to a rent increase of more than 7% in a year period.
City of Glendale’s Right to Lease Program
Right to Lease program was created for providing stability and minimizing the effects of displacement caused by extreme rent increases. Right to Lease obliges Glendale landlords to offer current or prospective tenants a written minimum 12 months lease, with an option to renew the lease with an additional year, where the rental rates and any increases during the rental term are set in the agreement. In case the Tenant rejects the offer of a written lease or does not accept the Landlord’s offer within 14 days the offer shall be deemed rejected.
Rent In case the Landlord and Tenant enter into a written lease with a minimum term of one year, such lease must set forth the amount of the Rent, which may not be changed or modified during the lease year.
Just Cause Eviction Ordinance and Lease Renewal
Lease Renewal Not later than 90 days prior to the expiration of the lease the Landlord must notify the Tenant of the expiration and offer him a lease renewal with a minimum term of one year. The Landlord’s renewal offer must provide notice of Tenant’s potential eligibility for relocation benefits. Within 60 days of offer receipt, Tenant must either notify the Landlord in writing of his acceptance or reject the offer. Failure to accept the offer in writing shall be deemed a rejection
Future Offers. Any time a Tenant rejects a lease offer or lease renewal offer with a minimum term of one year, the landlord shall be required to subsequently offer a one year lease under the following circumstance: upon the first date the Landlord notices a rent increase after the first year anniversary of the Tenant’s rejection of the prior lease or lease renewal offer.
Glendale’s Just Cause Eviction Ordinance
Just Cause Eviction Ordinance protects tenants from illegal eviction and provides 12 reasons when the landlord can terminate the agreement with the tenant.
- The tenant has failed to pay the rent
- The tenant has violated lease agreement and failed to comply after being notified
- The tenant is committing a nuisance or is causing damage to the rental property or. A nuisance creates an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or adjacent buildings.
- The tenant is using or permitting a rental property to be used for any illegal purpose
- The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
- The tenant doesn’t give a landlord reasonable access to the property
- The landlord seeks in good faith to recover possession so as to demolish, or perform other work on the property if the work costs at least eight times the amount of the monthly rent and the work makes the property uninhabitable for more than 30 days
- The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by: a) a resident manager b) the landlord or family member. c) tenants who require case management or counseling as part of the tenancy
- The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use.
- 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.
- 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.
- The tenant continues to smoke in the rental unit or in common areas where smoking is prohibited.
Situations Were Landlord Subject to Paying Tenant Relocation Assistance?
If an eviction is not caused by the Tenant’s fault it is subject to relocation assistance under the Ordinance No. 5922
Relocation assistance can be applicable to tenants if they choose to leave after receiving a rent increase over 7 % in 12 a twelve month period. Within five business days after receiving the written notice from the tenant with the intention to leave the rental unit the Landlord must pay the first half of the relocation assistance fee. The second half must be paid not later than in five business days after the Tenant has vacated the unit.
What are the Exceptions Just Cause Eviction Ordinance?
All rental units are covered by the ordinance, except:
- Single Family Homes
- Condominiums or Townhomes
- Government Subsidized Units (Section 8)
- Accessory Dwelling Units (ADU)
Civil Litigation Lawyers in Glendale, CA
For more information concerning the new just cause eviction ordnance, contact our civil litigation lawyers today at (310) 943-1171.