Los Angeles Eviction Reasons: JCO vs. RSO Explained

Landlords in the City of Los Angeles generally cannot terminate a protected tenancy unless the eviction is based on an authorized just-cause ground. Depending on the property, the applicable Los Angeles eviction reasons may be governed by either the City’s Rent Stabilization Ordinance (RSO) or its Just Cause Ordinance (JCO).

The RSO identifies its eviction grounds in Los Angeles Municipal Code (LAMC) § 151.09(A)(1)–(14). The JCO separately identifies its grounds in LAMC § 165.03(A)–(N).

RSO vs. JCO: Los Angeles Eviction Reasons

1. Failure to Pay Rent — RSO § 151.09(A)(1) / JCO § 165.03(A)

Both the RSO and JCO permit an eviction when the tenant has failed to pay rent to which the landlord is legally entitled.

However, Los Angeles imposes an additional threshold for a tenant lawfully in possession. The amount in default must exceed one month of Fair Market Rent for the Los Angeles metropolitan area, as established annually by the U.S. Department of Housing and Urban Development (HUD) for a rental unit with the same number of bedrooms.

The termination notice must also state the number of bedrooms in the tenant’s rental unit.

2. Violation of a Lease or Rental Agreement — RSO § 151.09(A)(2) / JCO § 165.03(B)

Both ordinances permit eviction when a tenant violates a lawful obligation or covenant of the tenancy and fails to cure the violation after receiving written notice.

There are important exceptions and limitations.

For example, both ordinances restrict evictions based on certain occupancy limitations and prohibit a landlord from simply imposing a new tenancy term and then evicting the tenant for violating it when the tenant did not agree to that new covenant in writing, subject to specified exceptions for changes authorized or required by law.

3. Nuisance, Property Damage, or Interference With Other Residents — RSO § 151.09(A)(3) / JCO § 165.03(C)

Both ordinances authorize eviction where the tenant commits or permits a nuisance, causes damage to the property or common areas, or creates an unreasonable interference with the comfort, safety, or enjoyment of other residents.

Both provisions extend the relevant area beyond the rental unit itself and address conduct occurring within a 1,000-foot radius from the boundary of the rental complex.

The RSO contains additional detailed language concerning certain gang-related crimes, violent crimes, weapons offenses, threats, illegal drug activity, and related conduct.

4. Illegal or Unlawful Use — RSO § 151.09(A)(4) / JCO § 165.03(D)

Both ordinances permit eviction when a tenant uses or permits the rental property, common areas, or specified surrounding areas to be used for an illegal or unlawful purpose.

Importantly, the existence of housing accommodations lacking a legally approved use, or housing that has been cited for occupancy or other housing-code violations, is not itself included within this eviction ground.

5. Refusal to Renew a Written Lease — RSO § 151.09(A)(5) / JCO § 165.03(E)

Both ordinances provide an eviction ground where a tenant had a written lease that expired and, after the landlord’s written request or demand, refuses to execute a written extension or renewal for an additional term of similar duration with similar lawful provisions.

The RSO provides this ground in LAMC § 151.09(A)(5). The JCO provides the corresponding ground in LAMC § 165.03(E).

Therefore, expiration of a written lease by itself should not be confused with this just-cause ground. The ordinance specifically addresses the tenant’s refusal to execute a qualifying extension or renewal after the landlord’s written request or demand.

6. Refusal to Provide Reasonable Access — RSO § 151.09(A)(6) / JCO § 165.03(F)

Both ordinances permit eviction when a tenant refuses to provide the landlord reasonable access to the property for specified lawful purposes.

These purposes include making repairs or improvements, conducting inspections permitted or required by the lease or law, and showing the property to prospective purchasers or mortgagees.

7. Unapproved Subtenant at the End of a Lease — RSO § 151.09(A)(7) / JCO § 165.03(G)

Both ordinances authorize eviction where the person remaining in possession at the end of a lease term is a subtenant who was not approved by the landlord.

8. Owner, Family, or Resident Manager Move-In — RSO § 151.09(A)(8) / JCO § 165.03(H)

Both the RSO and JCO allow a landlord, under specified circumstances, to recover possession in good faith so that the rental unit can be used as a primary residence by an authorized person.

Under the RSO, the listed persons include the landlord, the landlord’s spouse, grandchildren, children, parents, or grandparents. The provision also permits certain qualifying resident-manager move-ins. Landlords proceeding under this subdivision must comply with the additional requirements of LAMC § 151.30.

The JCO similarly permits recovery for the landlord, landlord’s spouse, domestic partner, grandchildren, children, parents, grandparents, or a qualifying resident manager and likewise requires compliance with LAMC § 151.30.

Owner move-in evictions are subject to requirements beyond merely establishing that an authorized person wants to occupy the property.

RSO-Only Ground: Primary Renovation Work and Tenant Habitability Plan

9. Tenant Interference With an Accepted Tenant Habitability Plan — RSO § 151.09(A)(9)

Under LAMC § 151.09(A)(9), an RSO landlord may recover possession where the landlord seeks in good faith to undertake Primary Renovation Work pursuant to a Tenant Habitability Plan accepted by the Los Angeles Housing Department and the tenant unreasonably interferes with implementation of that plan.

The ordinance identifies two circumstances:

  1. The tenant fails to temporarily relocate as required by the accepted Tenant Habitability Plan; or
  2. The tenant fails to honor a permanent relocation agreement with the landlord pursuant to LAMC § 152.05.

The JCO grounds contained in LAMC § 165.03(A)–(N) do not contain a corresponding stand-alone Primary Renovation Work/Tenant Habitability Plan ground.

10. Demolition or Permanent Withdrawal From Rental Housing — RSO § 151.09(A)(10) / JCO § 165.03(I)

Both ordinances recognize demolition and permanent withdrawal from rental use as grounds for recovering possession, although the provisions are worded differently.

Under the RSO, the landlord may seek possession in good faith to demolish the rental unit or permanently remove it from rental housing use. The ordinance further requires compliance with LAMC §§ 151.22–151.28 and states that the ground applies only where the landlord is withdrawing all rental units in the structure or building.

Under JCO § 165.03(I), a landlord may seek possession in good faith:

(1) to demolish the residential real property; or

(2) to permanently withdraw the residential real property from rental housing use when the landlord withdraws from rent or lease all residential real property on the same parcel of land.

11. Governmental Order Requiring the Property to Be Vacated — RSO § 151.09(A)(11) / JCO § 165.03(J)

Both ordinances permit recovery of possession when an order requires the property to be vacated.

Under the RSO, the landlord may recover possession in good faith to comply with a governmental agency’s order to vacate, order to comply, order to abate, or another order necessitating vacation of the building because of a violation of the Los Angeles Municipal Code or other law.

The JCO is somewhat broader on its face and refers to a court order or governmental agency’s order to vacate, comply, abate, or any other order necessitating that the residential property be vacated.

12. HUD Recovery of Possession Before Sale — RSO § 151.09(A)(12) / JCO § 165.03(K)

Both ordinances contain a specialized ground involving the U.S. Department of Housing and Urban Development.

Under the RSO, the Secretary of HUD must be both the owner and plaintiff, seek possession to vacate the property before sale, and comply with federal tenant-notification requirements.

The JCO similarly allows recovery where the Secretary of HUD seeks possession to vacate the property before sale and has complied with applicable federal tenant-notification requirements.

13. Residential Hotel Conversion or Demolition — RSO § 151.09(A)(13) / JCO § 165.03(L)

Both ordinances contain a specific ground applicable to residential hotels.

Under the RSO, a landlord may seek possession where the rental unit is in a Residential Hotel and the landlord seeks to convert or demolish the unit. The landlord may proceed under this provision only after the Department has approved the required Application for Clearance.

The JCO contains a corresponding provision requiring LAHD approval of an Application for Clearance before possession may be recovered.

14. Conversion to Affordable Housing — RSO § 151.09(A)(14) / JCO § 165.03(M)

Both ordinances permit recovery of possession for qualifying conversion of the property to affordable housing.

Under the RSO, the landlord must seek possession to convert the property to an affordable housing accommodation in accordance with an affordable housing exemption issued by LAHD under LAMC § 151.02.

The JCO likewise permits recovery for conversion to affordable housing accommodations, but it contains detailed requirements concerning the regulatory agreement, affordability period, qualifying income levels, rent levels, and approval from the Department.

JCO-Only Ground: Conversion to Non-Residential Use

JCO § 165.03(N) — Conversion to Non-Residential Use

The JCO contains an additional enumerated ground that does not appear as a corresponding RSO § 151.09(A)(1)–(14) ground in the materials reviewed.

Under LAMC § 165.03(N):

“The landlord seeks to recover possession of residential real property for conversion to non-residential use.”

Accordingly, the RSO has 14 enumerated grounds under § 151.09(A)(1)–(14), while the JCO contains 14 lettered grounds under § 165.03(A)–(N). The lists are substantially similar, but they are not identical.

At-Fault and No-Fault Los Angeles Evictions

The permitted Los Angeles eviction reasons can also generally be separated into at-fault and no-fault grounds.

At-fault grounds typically involve tenant conduct, such as nonpayment of rent, a lease violation, nuisance, unlawful use, refusal of reasonable access, or certain unauthorized subtenancies.

No-fault grounds generally arise from the landlord’s intended use of the property or circumstances unrelated to tenant misconduct, including certain owner move-ins, demolition, withdrawal from the rental market, governmental orders, and qualifying conversions.

The distinction is important because certain no-fault evictions may require the landlord to provide relocation assistance and comply with additional procedural requirements.

Los Angeles Eviction Notices Must Comply With Additional Requirements

Identifying a valid RSO or JCO eviction ground does not necessarily mean that the landlord can immediately file an unlawful detainer.

For RSO properties, LAMC § 151.09(C) imposes additional notice requirements. For termination grounds under subdivisions (2) through (7), for example, the notice must state specific facts sufficient to permit a determination of the date, place, witnesses, and circumstances concerning the eviction reason.

Certain specialized grounds also require declarations, LAHD forms, relocation payments, or other procedures.

Additionally, a copy of any written notice terminating a tenancy must currently be filed with LAHD within three business days after service on the tenant.

A landlord should therefore determine the applicable ordinance and complete all required procedural steps before proceeding with an unlawful detainer action.

Contact a Los Angeles Eviction Attorney

Los Angeles landlords face multiple layers of state and local eviction requirements. Even when a landlord has a legitimate reason to recover possession, the applicable ordinance may dictate the grounds, notice language, relocation requirements, LAHD filings, and procedures that must be completed before an unlawful detainer can proceed.

The Law Office of Aaron Kohanim, Inc. represents landlords in Los Angeles landlord-tenant and unlawful detainer matters.

If you are considering an eviction and need assistance determining whether your property is governed by the Los Angeles RSO or JCO, contact our office before serving the eviction notice.

This article is for general informational purposes only and does not constitute legal advice. Los Angeles landlord-tenant laws are subject to amendment, and the proper procedure depends on the facts of each case.

 

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