Imperial Beach Just Cause for Termination of a Residential Tenancy Ordinance

The purpose of the Ordinance is to require Just Cause for termination of residential tenancies consistent with California Civil Code section 1946.2, to further limit the reasons for termination of residential tenancies, to require greater Tenant relocation assistance in specified circumstances, and to provide additional regulations. The Ordinance expands state law on what requirements must be met in order for a landlord to terminate a tenancy where the Tenant is not at fault for the termination. Specifically, the Ordinance: 1) defines what requirements must be satisfied for an owner to terminate a tenancy on the basis that they or a member of their family plan to move in; 2) defines what requirements must be satisfied for an owner to terminate a tenancy on the basis that they need to either demolish or substantially remodel the unit; and 3) creates remedies for Tenants when a landlord violates the Tenant Protection Act.

March 22, 2025.

It is set to end January 1, 2030, unless extended City Council of Imperial Beach.

The Ordinance applies to all residential tenancies in Imperial Beach, other than those that are exempt.

The lawful occupancy of a Residential Rental Unit under a lease or sublease.

Any dwelling unit that is intended for human habitation, including rented dwellings in a mobilehome park.

One or more buildings, on a single, or continuous lot, containing fifteen (15) or more Residential Rental Units rented or owned by the same Owner.

An Owner or any person, acting as principal or through an agent, who has the right to offer a Residential Rental Unit for rent, and includes a predecessor in interest to the landlord.

A tenant, subtenant, lessee, sublessee, resident manager, or any other individual with a written or oral agreement to the use or occupy a Residential Rental Unit.

The Ordinance includes a list of properties that are exempt;

1. A Tenant of a transient and tourist hotel;
2. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive days or less;

• Example: An AirBNB or VRBO is exempt from the Ordinance.

1. Housing restricted by deed (LIHTC), regulatory restriction contained in an

agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income;  or  housing  subject  to  an  agreement  that  provides  housing subsidies for affordable housing for individuals and families of very low, low, or moderate income. This exclusion does NOT apply to a Tenant with a Section 8 Housing Choice Voucher;

1. Mobile homes subject to the Mobilehome Residency Law;

• Example: Owner residing in mobile home and renting the space, not

the mobile home itself.

1. Housing accommodations   in   nonprofit   hospitals,   religious   facilities,

extended care facilities, licensed residential care facilities for the elderly, or adult residential facilities;

1. School owned housing;
2. Housing in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit.
3. Single-family owner-occupied residencies, including mobile homes, where the Owner-occupant rents or leases no more than two (2) units or rooms, including, but not limited to, an accessory dwelling unit (ADU) or junior ADU.

• Example:

1. Exempt: A tenancy in a single-family home or mobile home

where the owner lives in one room and rents out 1 or 2 other rooms to Tenants, collecting rent from them monthly.

1. Not Exempt: A tenancy in a single-family home or mobile home where the owner lives in one room and rents out 3 or more rooms to 3 or more Tenants, collecting rent from them monthly.
2. A property containing two separate dwelling units within a single structure in which the Owner occupies one of the units as the Owner’s principal place of residence  at  the  beginning  of  the  Tenancy,  so  long  as  the  Owner continues in occupancy, and neither unit is an accessory dwelling unit or junior accessory dwelling unit.

• Example:

1. Exempt: A tenancy in a duplex in which the owner lives in one

rental unit and the Tenant lives in the other, the owner collects rent from the Tenant monthly.

1. Not Exempt:
2. Tenancies in a property with 3 or more rental units in which the owner lives in one rental unit and the Tenants live in the other units, the owner collects rent from the Tenants monthly.

2. Tenancies in a duplex in which the owner DOES NOT live in one of the two rental units and the owner collects rent from the Tenants monthly.
3. A Residential Rental Unit, including a mobilehome that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

• The Tenants have been provided written notice that the Residential Rental Unit is exempt from this section; AND
• The Landlord is NOT any of the following:

1. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code;

1. A corporation;

iii.  A limited liability company(LLC) in which at least one member

is a corporation; or

1. Management of a mobile home park, as defined in Section

798.2 of the Civil Code.

1. Housing that has been issued a certificate of occupancy within the previous

15 years, unless the dwelling is a mobilehome.

“Just cause” means that there needs to be a good reason for why a tenancy is being terminated. Under the Ordinance, there are two kinds of Just Cause: “At Fault” Just Cause and “No-Fault” Just Cause. The “fault” refers to whether the tenancy is being terminated because of something the Tenant allegedly did/failed to do, or if the tenancy is being terminated because of something the Landlord is choosing to do that is not caused by the Tenant.

The Ordinance outlines the following list of reasons that a landlord can terminate a tenancy based on the Tenant’s alleged actions/failure to act:

1. Failure to pay rent;
2. Breach of material term of the lease, including but not limited to, violating

a term of the lease after being given a written notice to correct the violation. C.  Maintaining, committing, or permitting the maintenance or commission of

a nuisance;

1. Committing waste;
2. Tenant had a written lease that terminated on or after March 22, 2025, and after a written request, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, so long as those terms don’t violate the law;
3. Criminal activity by the Tenant at the Residential Rental Unit, including any common areas; or criminal activity or threats on or off the property that is directed at the owner or agent of the owner of the property;
4. Assigning or subletting the premises in violation of the Tenant’s lease;
5. Tenant’s refusal to allow the owner to enter the residential real property

when the Landlord is requesting to enter for lawful purposes;

1. Using the premises for an unlawful purpose;
2. When an employee, agent, or licensee, who is provided 100% of their

housing as part of employment, fails to vacate after their termination as an employee agent, or a licensee.

1. Exception: Property  Managers/Agents  who  get  a  partial  rent discount for their employment and pay the remainder of rent cannot be terminated under this section. The termination of employment terminates the rent discount, and the former employee is now a Tenant responsible for 100% of the rent.
2. When the Tenant fails to deliver possession of the residential real property after providing the Owner written notice of the Tenant’s intention to move out or making a written agreement with the Landlord to move out which is accepted by the Landlord in writing, but Tenant fails to timely move out.

Any time a Tenant fails to follow the terms of a lease, they are in breach of the lease. However, a landlord only has an At Fault Just Cause for breach of a lease term if the term is material, or “substantial.” Whether a term is material is typically determined by a judge or jury. Some things they may consider is who benefits from the lease term, the explanation for the breach, and a balance of the severity of the breach against the severity of termination of the lease.

Examples could include constantly having loud parties during quiet hours after warnings have been given; or repeated harassment of neighbors/other Tenants on the property. Whether these or other factors amount to a nuisance is a fact specific analysis that will depend on the facts of a given situation.

Examples could include a Tenant damaging the unit, causing it to be worth a lot less; or failing to report needed repairs to the landlord that cause ongoing damage to the unit such as failing to report a plumbing leak that caused ongoing damage that could have been mitigated if reported right away.

In addition to existing notice requirements, the Ordinance requires landlords to also do the following when attempting to terminate a tenancy for at-fault just cause:

1. Give Notice to the Tenant of Curable Lease Violations: If the Landlord is terminating the tenancy for a curable (fixable) lease violation, the Landlord must first give the Tenant a written notice of the alleged violation. The written notice  must  include  a  description  of  the  violation(s)  and  an opportunity to cure (fix) the violation.
2. Note: If the violation is not cured within the time period set forth in the notice to cure, a 3-day Notice to Quit without an opportunity to cure the violation may be served to terminate the tenancy.
3. Give Notice to the City: The Landlord must provide written notice to the City no later than three (3) business days after the date the landlord provided the notice terminating the tenancy to the Tenant.
4. Eviction Notice Filing Page can be found here: Mandatory Eviction Notice Filing Page | Imperial Beach, CA

An example of a curable lease violation that would first require a notice to cure would be if a Tenant failed to pay their utilities according to the lease agreement. In that scenario, the Landlord must serve the Tenant with a Notice to Perform Covenants or Quit, giving the Tenant an opportunity to make the payment before the landlord can serve a Notice to Quit (terminating the tenancy) for the same violation.

The Ordinance outlines the following list of reasons that a landlord can permissibly terminate a tenancy for reasons not caused by the Tenant:

1. Intent to Occupy: Owner intends to occupy the unit as their primary residence for the owner, their spouse, domestic partner, child, grandchild, parent, or grandparent within 90 days after Tenant vacates for at least 12 consecutive months;
2. Withdrawal from the Rental Market: Owner has decided to withdraw the

Residential Rental Unit from the rental market;

1. Compliance with Government or Court Order: Owner is complying with

any of the following:

• An order issued by a government agency or court that requires the

Tenant to vacate based on habitability;

• An order issued by a government agency or court to vacate the unit;

or

• A local ordinance that requires vacating the unit.

Note: If a government agency or court determines the Tenant is at fault for

the condition triggering the need to vacate, the Tenant is not entitled to relocation assistance.

1. Substantial Remodel  or  Demolition:  Owner  intends  to  Substantially

Remodel or completely demolish the unit.

• The Ordinance requires landlords to also do the following when attempting to terminate a tenancy for no-fault just cause:
  1946. Give Notice to the Tenant: The Landlord must give the Tenant a written notice at least 30 to 60 days (90 days for Section 8 tenants) prior to the date of termination pursuant to Civil Code section 1946.1; that states the intent to terminate the tenancy; the basis for the termination; and the right to relocation assistance or a rent waiver; AND
  1. Provide Relocation Assistance: Regardless of a Tenant’s income or the length of their tenancy, a Landlord must provide relocation assistance to the Tenant by either: (1) a direct payment to the Tenant; OR (2) a waiver of rent due. (see FAQ No. 33 for more information about Relocation Assistance)
  2. 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.
  3. Give a Copy of the Tenant Protection Ordinance: The Landlord must give

  the Tenant a full copy of the Tenant Protection Ordinance; AND

  1. Give Notice to the City: The Landlord must provide written notice to the

  City no later than three (3) business days  after the date the landlord provided the notice terminating the tenancy to the Tenant.

  1. Eviction Notice Filing Page can be found here: Mandatory Eviction Notice Filing Page | Imperial Beach, CA

Substantial Remodel means either of the following that cannot be reasonably accomplished in a safe manner that allows the Tenant to continue living in the unit, AND requires the Tenant to move out for at least 30 consecutive days:

1. The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a government agency; OR
2. The abatement of hazardous materials, including lead-based paint, mold, or

asbestos, in accordance with applicable federal, state, and local laws,

The following are NOT considered substantial remodels: cosmetic improvements alone (such as painting, decorating, and minor repairs), or other work that can be

performed safely without having to vacate the unit.

Yes, in addition to the requirements stated in FAQ No. 19, the Notice must also contain ALL of the following:

1. A statement 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; AND
2. The following statement:

“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;” AND

1. A description of the substantial remodel to be completed and the approximate expected duration of the remodel, OR if the property is  being demolished, the expected date by which it will be demolished,  PLUS one of the following:

• A copy  of  the  permit(s)  necessary  for  the  demolition  or

substantial remodel; OR

• If the notice is issued to abate hazardous materials and does

not require a 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 done to  abate the hazardous materials.

Yes. A landlord cannot attempt to terminate the tenancy on this basis without first obtaining the necessary permits, unless they are abating hazardous materials that would not require a permit. The landlord must provide a copy of the permits or a copy of the signed contract with the contractor for hazardous abatement at the time of giving the notice to terminate.

No. Under the Ordinance, a Tenant is not required to vacate or remain out of the unit on any days where they could otherwise continue living in the unit without violating health, safety, and habitability codes/laws. Since cosmetic improvements are not considered substantial remodels, a Tenant would not be required to vacate/remain out of the unit while those improvements are made.

The Owner MUST offer the unit to the Tenant to re-rent with a rental agreement containing the same terms as the most recent rental agreement with the owner at a rental rate that was in effect at the time the Tenant vacated.

Once the landlord offers to re-rent the unit to the Tenant with the terms above, the Tenant MUST let the landlord know within 30 days of receiving the offer if they accept or reject the offer. If the offer is accepted, then the Tenant must reoccupy the unit within thirty (30) days of notifying the landlord that the offer is accepted.

The Owner MUST return the full deposit to the Tenant within 21 days of the Tenant vacating the Residential Rental Unit.

Yes, in addition to the requirements stated in FAQ No. 19, the Notice must;

1. Identify the  name(s)  and  relationship  to  the  Occupant  Owner  of  the

intended occupant, AND

1. Include a  statement  that  the  Tenant  may  request  proof  the  intended

occupant is related to the Occupant Owner.

An occupant owner is any of the following: 1) A natural person that has at least a 25% recorded ownership interest in the residential real property; 2) a natural person who has any recorded interest in the residential real property if it is 100% owned by owners who are related to each other as either siblings, spouse, domestic partner, child, parent, grandparent, or grandchild; or 3) a natural person whose recorded interest in the property is owned through a LLC or partnership.

For mobilehome leases entered into on or after March 22, 2025, intent to Occupy by Landlord shall only be a basis for termination if the Tenant agrees, in writing, to the termination, OR if a provision of the lease allows the Landlord to terminate the lease if the Landlord unilaterally decides to occupy the residential real property.

For mobilehome leases entered into prior to March 22, 2025, the addition of a provision to a new lease, renewed lease, or fixed term lease allowing the Landlord to terminate a tenancy for the Landlord’s Intent to Occupy the unit constitutes a substantially similar term for the purposes of “At Fault” Just Cause based on the Tenant’s refusal to enter into new lease.

No. A landlord could not use intent to occupy as a basis to terminate if either of those circumstances exist.

Yes. Under intent to occupy, the person(s) moving into the unit can be the owner, owner’s spouse, owner’s domestic partner, children, grandchildren, parents or grandparents.

Yes. Under the Ordinance, an owner or their qualifying family member must move into the unit within 90 days of the Tenant vacating the unit, and they must occupy the unit for a minimum of at least 12 continuous months as their primary residence.
If the owner or family member moves into the unit within 90 days but dies before they have lived in the unit for 12 continuous months, that will not be considered a violation.

The owner must offer the unit to the Tenant who vacated it at the same rent and lease terms that were in effect at the time the Tenant vacated AND shall reimburse the Tenant for reasonable moving expenses that the Tenant incurred in excess of any relocation assistance that was already paid to the Tenant in connection with the written notice terminating the tenancy.

The amount of assistance is different depending on whether the Tenant lives in a Residential Rental Complex or not and the basis of termination (see FAQ No. 7 for definition of “Residential Rental Complex”).

1. For rental units in Residential Rental Complex

• Substantial Remodel or Demolition: Payment must be an amount

equal to one (1) month of current Small Area Fair Market Rent (“SAFMRs”) as calculated by Department of Housing and Urban Development (“HUD”) for their zip code PLUS one (1) month of actual contract rent. If the Tenant is Elderly or Disabled (see FAQ Nos. 36 & 37 for definitions of “Elderly” and “Disabled”), then the amount of assistance must be equal to two (2) months of the current SAFMRs amount for their zip code PLUS one (1) month of the Tenant’s actual contract rent.

• Any other No Fault Just Cause: Payment must be an amount equal to

one (1) month of actual contract rent.

1. For rental units NOT in Residential Rental Complex: For all No Fault Just

Cause’s, Payment must be an amount equal to one (1) month of actual contract rent.

Note: If Tenant fails to vacate after expiration of notice, the actual amount of relocation assistance provided may be recoverable by the Landlord as damages in unlawful detainer action if the Landlord prevails.

The rent waiver must be in an amount equal to the direct payment described in FAQ No. 33

Similar to above, the timing of payment is different depending on whether the Tenant lives in a Residential Rental Complex or not and the basis of termination (see FAQ No. 7 for definition of “Residential Rental Complex”).

1. For rental units in Residential Rental Complex
2. Substantial Remodel or Demolition: Payment must be made by the

earlier of fifteen (15) calendar days after service of the notice to terminate or the last day of legal occupancy.

1. Any other No Fault Just Cause: Payment must be made by the last

day of legal occupancy.

1. For rental units NOT in Residential Rental Complex: Payment must be made

by fifteen (15) calendar days after service of the notice to terminate.

Any person 62 years or older.

Any person with a disability as defined in California Government Code Section 12955.3, as may be amended.

The following options are available to Tenants if landlords violate any of the provisions under the ordinance and its amendments:

1. Tenant may file a legal action against the Landlord;
2. Tenant may seek injunctive relief, equitable relief, and money damages,

including punitive damages;

1. Tenant may raise the violation or noncompliance as an affirmative defense

in an Unlawful Detainer (eviction case);

1. If an Owner attempts or actually recovers possession of the property in

violation of the Ordinance, Tenant can file a civil action seeking

1. Actual damages;
2. Reasonable attorney’s fees and costs (in an amount determined by

the court);

1. Up to three (3) times the actual economic damages if the Landlord

acted willfully or with oppression, fraud or malice; and

1. Punitive damages if the Landlord acted willfully or with oppression,

fraud or malice

1. Remedies under this section are cumulative and may be used with other

remedies in this Division, law, statute, or other ordinance.

Yes, an Owner of a Residential Rental Unit subject to the Ordinance must provide written notice to the Tenant as follows:

“California law limits the amount your rent can be increased. See  California Civil Code section 1947.12 for more information. Local law  also  provides  that  after  a  Tenant  has  continuously  and  lawfully  occupied the property for 12 months or more, a landlord must  provide a statement of cause in any notice to terminate a tenancy.  See   Imperial   Beach   Municipal   Code   Chapter   9.90   for   more  information.”

Note: For a Tenancy in a Residential Rental Unit subject to this chapter existing before the effective date of this chapter, the notice required above shall be provided in writing to the Tenant directly or as an addendum to the lease or rental agreement no later than March 22, 2025.

Note: For a Tenancy in a Residential Rental Unit subject to this Ordinance that commenced or renewed on or after March 22, 2025, the Owner must provide a copy of this chapter to the Tenant upon entering into the lease.

Yes, Owners and Tenants shall provide Imperial Beach with information about terminations of tenancies.

Yes, the ordinance explicitly says that Section 8 Housing Choice Vouchers are not exempted. Additionally, both the California Attorney General’s Office and the U.S. Department of Housing and Urban Development (HUD) have provided written guidance, expressly outlining that rent cap protections in the Tenant Protection Act apply to Section 8  Housing  Choice  Vouchers.  See  Letter  from  the California Attorney General and Letter from HUD.

Yes. Rented Mobilehomes are expressly included in the definition of Residential Rental Unit. However, if the Mobilehome is covered by the Mobilehome Residency Law, then it is exempted from the Ordinance.

Yes, a violation of the Ordinance or the Ordinance may be asserted as an affirmative defense in an unlawful detainer or other civil action.

It  will  not  apply  to  termination  notices  that  have  already  been  adjudicated (judgement entered) in the courts. For tenancy termination notices that have not been adjudicated, we currently do not know how the court will rule on this issue.

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