The Law Office of Aaron Kohanim has extensive experience with the Lon Beach Rent Control. With extensive laws under Rent Control laws, an experience attorney is needed in order to win an unlawful detainer case.
Call Us Now! To initiate an unlawful detainer. With a simple eviction form, we can create and serve an eviction notice on your behalf and initiate the process.
For a nonpayment of rent case in Long Beach Rent Control Properties, a landlord must follow these steps:
Evicting a tenant in Long Beach for nonpayment of rent requires strict compliance with both state law and the local Just Cause for Termination of Tenancies Ordinance, found in Chapter 8.99 of the Long Beach Municipal Code. Below is a guide to help landlords lawfully initiate the eviction process while avoiding common pitfalls that could result in case dismissal.
1. Applicability of the Long Beach Just Cause Ordinance
Under LBMC § 8.99.020, just cause protections apply to most residential rental units once:
- A tenant has lawfully occupied the property for 12 consecutive months, or
- If additional adults are added, when either all tenants have lived there for 12 months or one tenant has lived there for 24 months.
Exemptions apply only in narrowly defined situations, such as:
- Certain owner-occupied buildings,
- New constructions with a certificate of occupancy issued within the last 15 years,
- Single-family homes meeting AB 1482 exemptions and with proper exemption notices served to the tenant.
2. Grounds for Eviction: Nonpayment of Rent
Under LBMC § 8.99.020(b)(1)(A), nonpayment of rent is explicitly listed as an “at-fault just cause” for termination of tenancy. A landlord can proceed with eviction if the tenant has failed to pay rent due under the lease agreement.
However, before serving an eviction notice, the landlord must:
- Issue a notice to cure, giving the tenant an opportunity to pay the unpaid rent.
3. Required Contents of the Termination Notice
To comply with LBMC § 8.99.020(c):
- The notice must state the specific at-fault just cause (i.e., nonpayment of rent).
- It must conform to the requirements of CCP § 1161(2), including the exact amount due, dates of missed payments, and where and how the payment may be made.
- A failure to meet these requirements renders the notice void under LBMC § 8.99.020(j)(1).
4. Filing the Unlawful Detainer
If the tenant does not comply within the notice period:
- File an Unlawful Detainer Complaint in Los Angeles Superior Court (Long Beach Courthouse).
- Include proof of service of the 3-Day Notice and a copy of the lease.
- Be prepared to demonstrate strict compliance with both the state notice laws and LBMC Chapter 8.99 at trial.
5. Penalties for Noncompliance
A landlord who attempts to evict without complying with the ordinance may be liable for:
- Actual damages, attorney’s fees, and up to treble damages, and
- Civil penalties up to $15,000 if willful violations are proven, especially for misuse of just cause claims like owner move-ins.
6. Why Hiring an Eviction Attorney is Critical
Eviction law in Long Beach is not only governed by California state law (e.g., CCP §§ 1161–1179a), but also by a comprehensive and stringent local ordinance.
An experienced eviction attorney will:
- Ensure that your notices strictly comply with LBMC § 8.99, preventing dismissal,
- Advise on necessary disclosures and tenant rights,
- Represent you in court and navigate potential tenant affirmative defenses, including claims of improper notice, waiver, or retaliation.
Failure to retain counsel often leads to costly delays, rejected notices, and even financial penalties due to procedural missteps.
Conclusion
To lawfully evict a tenant in Long Beach for nonpayment of rent, landlords must follow the Long Beach Just Cause for Termination of Tenancies Ordinance (LBMC Chapter 8.99) in addition to California state law. Proper notice service, cure opportunities, and compliance with all local requirements are essential. Given the complexity and risk, hiring an eviction attorney is not just smart—it’s often necessary to succeed.
Contact the Law Office of Aaron Kohanim today to schedule a consultation. You can call us at (310) 861-7506. If you prefer to send a quick message, visit our Contact Us page.
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