Terminations of Tenancy Permitted For Residential Rental Property In West Hollywood (WHMC 17.052)
In the City of West Hollywood, a landlord cannot evict or relocate a tenant except for certain specific reasons. These reasons, listed in the Rent Stabilization Ordinance at Section 17.52.010, are commonly referred to as "just cause evictions" and "tenant relocations". Without cause a residential tenancy may not be terminated. This not only applies to rent-stabilized units but also to units which qualify as new construction; to condominiums and single family properties that are permanently exempt from the Ordinance; to government subsidized and owned units (including Section 8).
The Ordinance includes eviction for misconduct by the tenant and terminations of tenancy to relocate a tenant for no fault of their own, such as foreclosure or when landlord or relative of the landlord wishes to occupy a unit. In the case of no fault terminations, relocation fees to the tenant may be required as well as a counseling assistance fee to the City.
The City of West Hollywood has two specific requirements regarding the proper notice that must be given in connection with the termination of a tenancy and the eviction of a tenant, as follows:
Any written notice to terminate a tenancy must state the specific grounds for the eviction, and recite the specific paragraph of Subsection a. under which the landlord is proceeding (§17.52.070). For example, a 3-day eviction notice for non-payment of rent should cite Section §17.52.010.1 of the City of West Hollywood Municipal Code.
A copy of the termination notice and of the five-day Complaint and Summons which will be filed in Santa Monica Court must be provided to the Rent Stabilization Department within five (5) days of service upon a tenant (§17.52.060). This copy may either be delivered to our offices or mailed to: The Department of Rent Stabilization, City of West Hollywood, 8300 Santa Monica Boulevard, West Hollywood, California 90069.
Landlords who are considering a no-fault eviction, should consider that the unit will not be decontrolled during the next vacancy when it is returned to the housing market because the tenant did not leave voluntarily or due to an eviction for just cause but because the landlord gave notice changing terms of tenancy. The unit must be rented to the next tenant for the existing MAR plus any intervening general adjustments that could have been passed through to the tenant. Additionally, several forms of no-fault eviction listed in Section 17.52.010 specifically require that the tenant receive right of first refusal to move back in under the original terms of tenancy if the unit is returned to market.
Links to Information About Just-Cause Evictions and Tenant Relocations
- No Terminations of Tenancy Just to Sell Property
- Owner-Occupancy/Relative Relocations [PDF]
- Tenant Relocations Ordered by Authorized Government Agencies [PDF]
- Resident Manager Was Tenant Prior to Employment
Rules and Regulations for relocating tenants to vacate a unit for a resident manager where the last manager was a pre-existing tenant who remained on the property. 17.52.010(10)
- Tenant Relocation Following Foreclosure [PDF]
Rules and Regulations for relocating tenants from condos and single-family properties following foreclosure 17.52.010(14)