9.65.070 Requirements upon termination of a tenancy.
A. Requirements Upon Termination of a Tenancy for At-Fault Just Cause. Before an Owner of a Residential Rental Unit issues a notice to terminate a Tenancy for At-Fault Just Cause that is a curable lease violation, the Owner shall first give written notice of the violation to the Tenant including a description of the violation (or violations) and an opportunity to cure the violation pursuant to Section 1161(3) of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy.
B. Requirements Upon Termination of a Tenancy for No-Fault Just Cause. Upon termination of a Tenancy for No-Fault Just Cause, an Owner of a Residential Rental Unit shall provide notice and relocation assistance as follows:
1. Tenancy in Unit in a Residential Rental Complex. When an Owner terminates a Tenancy of a Residential Rental Unit in a Residential Rental Complex for No-Fault Just Cause, the Owner shall provide notice and relocation assistance to the Tenant as follows:
a. Notice to Tenant Required. The Owner shall give written notice to the Tenant at least 30 or 60 days prior to the proposed date of termination as required by Civil Code Section 1946.1, in no less than 12-point font of:
i. Notice of Basis for No-Fault Just Cause Termination. The Owner’s decision to terminate the Tenancy and a description of the basis for said termination.
ii. Notice of Right to Relocation Assistance. The Tenant’s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant’s rent, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice; and
iii. Notice of Right to Receive Future Offer. The Tenant’s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: (A) must notify the Owner in writing within 30 days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; (B) furnish the Owner with an address or email address to which that offer is to be directed; (C) and advise the Owner at any time of a change of address to which an offer is to be directed.
b. Notice to City Required. The Owner shall provide written notice to the City of the No-Fault Just Cause Termination of Tenancy no later than three business days after the date the Owner provides the required notice to the Tenant. Such notice to City shall be provided on a form approved by City for such purpose and in the manner specified in the attendant Administrative Regulations. The City shall acknowledge receipt of the Owner’s notice to City within three business days of City’s receipt of such notice.
c. Relocation Assistance Required. The Owner shall, regardless of the Tenant’s income or length of Tenancy, at the Owner’s option, do one of the following to assist the Tenant to relocate:
i. Provide a direct payment to the Tenant in an amount equal to the greater of: two months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, or two months of actual then in effect contract rent under Tenant’s lease. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to the greater of: three months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, or three months of actual contract rent; or
ii. Waive in writing and not collect the payment by Tenant of then due or future rent otherwise due under the lease in an amount equivalent to the direct payment described in subsection (B)(1)(c)(i) of this section.
2. Tenancy in Unit Not in a Residential Rental Complex. When an Owner terminates a Tenancy of a Residential Rental Unit that is not in a Residential Rental Complex for No-Fault Just Cause, the Owner shall provide notice and relocation assistance to the Tenant as follows:
a. Notice to Tenant Required. The Owner shall give written notice to the Tenant at least 30 or 60 days prior to the proposed date of termination as required by Civil Code Section 1946.1, in no less than 12-point font of:
i. Notice of Basis for No-Fault Just Cause Termination. The Owner’s decision to terminate the Tenancy and a description of the basis for said termination.
ii. Notice of Right to Relocation Assistance. The Tenant’s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant’s rent, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice; and
b. Notice to City Required. The Owner shall provide written notice to the City of the No-Fault Just Cause Termination of Tenancy no later than three business days after the date the Owner provides the required notice to the Tenant. Such notice to City shall be provided on a form approved by City for such purpose and in the manner specified in the attendant Administrative Regulations. The City shall acknowledge receipt of the Owner’s notice to City within three business days of City’s receipt of such notice.
c. Relocation Assistance Required. The Owner shall, regardless of the Tenant’s income or length of Tenancy, at the Owner’s option, do one of the following to assist the Tenant to relocate:
i. Provide a direct payment to the Tenant in an amount equal to one month of actual then in effect contract rent under Tenant’s lease; or
ii. Waive in writing and not collect the payment by Tenant of then due or future rent otherwise due under the lease in an amount equivalent to the direct payment described in subsection (B)(2)(c)(i) of this section.
C. Additional Requirements Upon Termination of a Tenancy for No-Fault Just Cause. Upon termination of a Tenancy for No-Fault Just Cause, the following additional provisions shall also apply:
1. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment of relocation assistance to the Tenants, the Owner may make a single direct payment to all Tenants named on the rental agreement.
2. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant.
3. Any relocation assistance or rent waiver to which a Tenant may be entitled to under this section shall be in addition to and shall not be credited against any other relocation assistance required by any other law.
4. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable by Owner as damages in an action to recover possession.
5. If a Residential Rental Unit in a Residential Rental Complex is offered for rent or lease for residential purposes within two years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the No-Fault Just Cause termination if the Tenant: (a) advised the Owner in writing within 30 days of the termination notice of the Tenant’s desire to consider an offer to renew the Tenancy; and (b) furnished the Owner with an address or email address to which that offer is to be directed. The Owner shall have the right to screen the Tenant using industry accepted methods and shall communicate such minimum screening criteria in the offer for the new Tenancy, subject to the terms of any attendant Administrative Regulations.
6. With regard to termination of a Tenancy of a Residential Rental Unit in a Residential Rental Complex on the basis of a withdrawal of the unit from the rental market, as described in CVMC 9.65.060(C)(3), should the property that had been taken off the market be placed on the rental market again within two years of the termination of the Tenancy, then the Owner shall be liable to Tenant for the greater of: (a) six months’ rent to the last tenant of the Residential Rental Unit at the rental rate in place at the time the rental unit is rerented as set forth in the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located; or (b) six months of actual then in effect contract rent under the Tenant’s lease at time of termination. This section does not apply if the property is rented to Owner’s Family Member, converted to another nonrental use, or sold or otherwise transferred to a bona fide third-party during the two-year period.
7. Among other remedies applicable to Owner’s failure to comply with the terms of this chapter, an Owner’s failure to strictly comply with this section shall render the notice of termination void. (Ord. 3527 § 2, 2022).