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 paragraph (3) of section 1161 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 California 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offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: (a) must notify the Owner in writing within 30 days of the termination notice of such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;
iv. Notice of Intended Occupant. If the Tenancy is being terminated on the basis of an Occupant Owner or Occupant Owner’s Family Member move in under CVMC 9.65.060(C)(1), the written notice must identify the name or names and relationship to the Occupant Owner of the intended occupant. The written notice shall additionally include notification that the Tenant may request proof that the intended occupant is an Occupant Owner or related to the Occupant Owner. The proof shall be provided upon request and may include an operating agreement and other non-public documents;
v. Notice of Substantial Remodel or Demolition. If the Tenancy is being terminated on the basis of a Substantial Remodel or Complete Demolition under CVMC 9.65.060(C)(4), the following statement must be included in the written notice:
If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.
The written notice shall additionally contain a description of the Substantial Remodel to be completed, the approximate expected duration of the Substantial Remodel, or if the property is to be completely demolished, the expected date by which the property will be demolished, together with one of the following:
(A) A copy of the permit or permits required to undertake the Substantial Remodel or demolition; or
(B) If the Substantial Remodel is due to abatement of hazardous materials and does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the Substantial Remodel that reasonably details the work that will be undertaken to abate the hazardous materials.
The written notice shall additionally indicate that if the Tenant is interested in reoccupying the Residential Rental Unit following the Substantial Remodel, the Tenant shall inform the Owner of the Tenant’s interest in reoccupying the Residential Rental Unit following the Substantial Remodel and provide to the Owner the Tenant’s address, telephone number, and email address.
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 California 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 Intended Occupant. If the Tenancy is being terminated on the basis of an Occupant Owner or Occupant Owner’s Family Member move in under CVMC 9.65.060(C)(1), the written notice must identify the name or names and relationship to the Occupant Owner of the intended occupant. The written notice shall additionally include notification that the Tenant may request proof that the intended occupant is an Occupant Owner or related to the Occupant Owner. The proof shall be provided upon request and may include an operating agreement and other non-public documents.
iv. Notice of Substantial Remodel or Demolition. If the Tenancy is being terminated on the basis of a Substantial Remodel or Complete Demolition under CVMC 9.65.060(C)(4), the following statement must be included in the written notice:
If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.
The written notice shall additionally contain a description of the Substantial Remodel to be completed, the approximate expected duration of the Substantial Remodel, or if the property is to be completely demolished, the expected date by which the property will be demolished, together with one of the following:
(A) A copy of the permit or permits required to undertake the Substantial Remodel or demolition; or
(B) If the Substantial Remodel is due to abatement of hazardous materials and does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the Substantial Remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.
The written notice shall additionally indicate that if the Tenant is interested in reoccupying the Residential Rental Unit following the Substantial Remodel, the Tenant shall inform the Owner of the Tenant’s interest in reoccupying the Residential Rental Unit following the Substantial Remodel and provide to the Owner the Tenant’s address, telephone number, and email address.
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 the Tenancy is being terminated on the basis of an Occupant Owner or Occupant Owner’s Family Member move in under CVMC 9.65.060(C)(1) and the intended occupant fails to move into the Residential Rental Unit within 90 days after the Tenant vacates, or fails to occupy the Residential Rental Unit as their primary residence for at least 12 consecutive months, the Owner shall offer the unit to the Tenant who vacated it at the same rent and lease terms in effect at the time the Tenant vacated and shall reimburse the Tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the Tenant in connection with the written notice. If the intended occupant moves into the unit within 90 days after the tenant vacates but dies before having occupied the unit as a primary residence for 12 months, this will not be considered a failure to comply with this section or a material violation of this section by the Owner.
a. For a new tenancy commenced during the time periods described in subsection (C)(5) of this section, the unit shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served.
6. 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.
7. 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: (i) six month’s rent to the last tenant of the Residential Rental Unit at the rental rate in place at the time the rental unit is re-rented as set forth 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 (ii) 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 non-rental use, or sold or otherwise transferred to a bona fide third party during the two-year period.
8. 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. 3565 § 2, 2024; Ord. 3527 § 2, 2022).