JUST CAUSE FOR RESIDENTIAL EVICTIONS

What it says:

This article of Santa Barbara code serves to strengthen tenant protections in the county by
ensuring that landlords cannot evict tenants without a valid reason (“just cause”). It aims to
address housing shortages, affordability issues, and the displacement of vulnerable renters by
offering stronger protections than California state law.

Key Provisions and What They Mean for Tenants:

Sec. 44-20: Just Cause for Terminations of Residential Tenancy

  • Landlords must have a valid, legally recognized reason to evict a tenant.
  • The eviction notice must clearly state the reason for the termination in ful.
  • Just cause includes:
    • At-fault evictions: Tenant breaks the lease terms (e.g., not paying rent, damaging property).
    • No-fault evictions: Reasons not related to tenant behavior (e.g., owner wants to move back in or wants to substantially remodel the unit).

Sec. 44-21: Relocation Assistance for No-Fault Just Cause Evictions

  • If a tenant is evicted without fault, the landlord must provide relocation assistance payment in an amount determined by the county code.
  • If multiple tenants live in the unit, the assistance must be split equally.
  • Any state-mandated relocation assistance counts toward this requirement.

Sec. 44-22: Applicability (Who Is Protected?)

Most rental units are covered, except:

  • Hotels, dormitories, and religious or hospital housing.
  • Single-family homes where the owner lives on-site and rents out only a small portion (no more than two units or bedrooms).
  • New housing built within the past 15 years.
  • Units where the tenant shares living space (e.g., bathroom/kitchen) with the owner.

Sec. 44-23: Just Cause Termination Notice Requirements

  • Eviction notices must clearly explain the cause (for either at-fault or no-fault).
  • For no-fault evictions, notices must include supplemental information on relocation assistance.
  • Before the landlord issues a notice to terminate a tenancy for a just cause, if the violation is fixable, the landlord must first give notice to each tenant of the violation and allow them the opportunity to remedy it
  • If the violation isn’t fixed within the time period allotted in the notice, a three-day notice to quit without an opportunity to cure can be served to the tenants.

Sec. 44-24: Remedies

This section outlines the protections and legal remedies available to tenants if a landlord fails to comply with the requirements of the eviction ordinance, including:

  • If a landlord fails to provide the required notices or if the notices are missing required details (e.g. eviction notice or relocation payment details), the tenant can use this as a legal defense to stop an eviction (called an unlawful detainer action in these cases).
  • If a landlord doesn’t follow the rules of this ordinance or can’t prove that they complied with the provisions, tenants can use this to block the eviction and remain in their homes.

Legal action tenants can take:

  • Injunctive Relief:
    • If a landlord breaks these rules, tenants can take the landlord to court to stop the eviction, on their behalf on the behalf of other affected tenants.
  • Compensation for violations:
    • If a landlord violates this ordinance, tenants may be entitled to:
      • Financial compensation for any damages suffered.
      • Attorney’s fees and legal costs, meaning the landlord may have to cover the tenant’s legal expenses if the tenant wins in court.

What This Means for Tenants:

  • You cannot be evicted without proper notice that clearly explains the reason for termination.
    • If you’re being evicted for reasons that aren’t your fault, the landlord must offer relocation assistance.
  • You have the right to fix lease violations before facing eviction, as long as the issue is something you can reasonably correct (like catching up on missed rent).
  • You have the right to challenge illegal evictions and can seek legal help to stop an eviction attempt.
  • You could be compensated for any harm caused by an unlawful eviction, including covering your legal costs.

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