Ordinance 3012 – Just Cause Evictions and Tenant Protections

Recent local updates regarding just cause evictions and tenant protections have been released in Oxnard, CA, and it is imperative that landlords are aware of these changes. Laws and guidelines can change at any time, so we encourage all landlords to seek professional advice to stay up-to-date.

The new ordinance, Ordinance 3012, is specific to Oxnard, CA, and restricts terminations of tenancy without just cause after a tenant has resided in a property continuously for 30 days or more.

At-Fault Just Cause Evictions

• At-fault just cause evictions can include:
• Default in the payment of rent;
• A breach of a material term of the lease;
• Being a nuisance;
• Committing waste;
• A tenant’s refusal to execute a lease renewal at the owner’s request;
• Criminal activity by the tenant;
• Subletting in violation of the lease;
• Tenant’s refusal to allow the owner to enter the premises as allowed per civil code;
• Using premises for an unlawful purpose;
• An employee, agent or licensee’s failure to vacate after the termination of employment;
• A tenant’s failure to deliver possession of the property after providing written notice.

No-Fault Just Cause

A no-fault just cause eviction could include the intent of an owner’s relatives residing on the property. It could also include the owner complying to court orders for issues relating to habitability, unless the tenant is at fault for the listed issue. Other circumstances could include:

• Withdrawal of a property from the rental market;
• An owner’s intent to demolish or remodel.

Just Cause Curable Lease Violations

Prior to issuing notice to a tenant regarding terminating their tenancy for a curable lease violation, the owner must give the tenant the opportunity to cure the violation. If the tenant fails to cure the violation by the listed date, the owner has to ability to issue a three-day notice to quit without an opportunity to cure.
The notice to cease or correct must include a number of things, including the date. It must inform the tenant that a failure to address the listed issues could result in eviction, and that they have the right to request reasonable accommodations. The notice must also include the specific reasons for the notice being provided in writing, and contact information for the City.

We suggest that landlords seek professional help when trying to navigate any legal requirements, and especially in the case of an eviction or pending eviction.

Exemptions

This ordinance does not apply to all properties. Properties such as tourist hotels, short-term vacation rentals, nonprofit hospitals, religious facilities, care facilities, licensed residential care facilities for the elderly, and dorms operated by educational institutions are all exempt.
Single-family owner-occupied homes and duplexes where the owner occupies one of the units are also exempt.
When trying to determine if the ordinance is applicable to your property or whether you are exempt, we encourage property owners to seek professional help. Seeking professional legal help is the best way to ensure you are following all guidelines closely, regardless of any recent changes.

This ordinance should be reviewed closely by all property owners it impacts. Violations and additional tenant protections are listed among the ordinance, and can provide even greater clarity.

If you are interested in learning more about this ordinance, or other ordinances, visit our learning hub here, and sign up for notifications when updates go live.