Los Angeles Just Cause Eviction Lawyer

The Law Office of Aaron Kohanim has extensive experience with the Los Angeles Just Cause Ordinance (JCO) or as some call it Los Angeles Eviction Control. With extensive laws under JCO, an experience attorney is needed in order to win an unlawful detainer case.

The Just Cause for Eviction Ordinance in Los Angeles applies to most rental properties but includes specific exemptions.

Properties Subject to the Just Cause Ordinance:

• Most rental units in Los Angeles are covered, including those not protected by the Rent Stabilization Ordinance (RSO).
• The ordinance provides citywide eviction protections to renters after six months of continuous and lawful occupancy or after the expiration of the initial original lease, whichever comes first.

Properties Exempt from the Ordinance:

The ordinance does not apply to:

1. Rental units subject to the Rent Stabilization Ordinance (RSO).
2. Short-term stays in hotels and motels, unless the landlord improperly maintains transient status.
3. Hospital, religious, or care facilities, including licensed residential care facilities for the elderly.
4. Student housing owned and operated by schools, colleges, or universities.
5. Owner-occupied housing where the tenant shares a kitchen or bathroom with the owner.
6. Cooperatives occupied by shareholder-tenants in nonprofit stock cooperatives.
7. Certain limited-equity housing cooperatives meeting state law requirements.
8. Interim Motel Housing Projects that meet specific conditions.
9. Nonprofit treatment facilities for substance abuse or transitional housing for homeless individuals.
10. Government-owned or operated housing, including properties managed by the Los Angeles City Housing Authority.

Under the Los Angeles Just Cause for Eviction Ordinance, a landlord cannot evict a tenant for non-payment of rent unless the following conditions are met:

1. Rent Default Threshold

• The tenant must owe more than one month of fair market rent for the Los Angeles metro area, as set annually by the U.S. Department of Housing and Urban Development (HUD).
• If the amount due is less than one month of fair market rent, eviction is not permitted under this ordinance.

2. Written Notice Requirement

• The landlord must provide a written notice of non-payment that includes:
  • The amount of rent owed
  • The number of bedrooms in the unit (to verify fair market rent eligibility)
  • A deadline for payment before eviction proceedings begin

To start an Owner Move-In (OMI) Eviction under the Los Angeles Just Cause for Eviction Ordinance, a landlord must follow strict requirements to ensure compliance.

1. Legal Grounds for Owner Move-In Eviction

• The landlord must act in good faith to recover possession of the rental unit for use as a primary residence for:
  • The landlord
  • The landlord’s spouse, domestic partner, child, grandchild, parent, or grandparent
  • A resident manager, if required by law or an affordable housing agreement

2. Compliance Requirements Before Starting the Eviction

• Property Condition:
  • The rental unit must be in compliance with local housing codes and free of habitability violations.
  • If the property has outstanding code violations or an Order to Comply from a government agency, the landlord may not proceed with the eviction until those issues are resolved.

3. Notice & Documentation Required

• The landlord must:
  1. Serve a written termination notice to the tenant following California Civil Code Section 1946.
  2. File a declaration with the Los Angeles Housing Department (LAHD) stating:
     • The name of the person moving in
     • The date they will move in
     • The current rent for the unit
     • The date of the last rent increase
  3. Pay an administrative fee to LAHD.

4. Relocation Assistance Requirements

• Landlords must pay relocation assistance to displaced tenants:
• If the landlord owns 4 or fewer units, they may pay one month’s rent instead of the full relocation assistance.

5. Occupancy Requirement & Restrictions

• The owner or family member must move in within 90 days of the tenant vacating.
• The unit must be occupied for at least 2 years as their primary residence.
• The landlord cannot re-rent the unit to a new tenant for at least two years unless the prior tenant is offered the unit first.

Under the Los Angeles Just Cause for Eviction Ordinance, tenants have the right to raise affirmative defenses in an eviction case. These defenses can prevent a landlord from legally regaining possession of the rental unit if they fail to comply with the law.

Affirmative Defenses Allowed Under the Ordinance:

1. Failure to Provide Just Cause for Eviction

• The landlord must have a valid legal reason for eviction under Section 165.03 (e.g., non-payment of rent, lease violation, owner move-in, etc.).
• If the landlord does not establish just cause, the eviction is not lawful.

2. Failure to Meet the Rent Default Threshold (Non-Payment Evictions)

• A landlord cannot evict a tenant for non-payment unless the amount due exceeds one month of fair market rent (determined by HUD).
• If the unpaid rent does not meet this threshold, the eviction is invalid.

3. Improper Notice of Termination

• The landlord must provide a written notice that complies with California Civil Code Section 1946 and Los Angeles Housing Department (LAHD) rules.
• If the notice is missing required details or was not properly served, the eviction may be dismissed.

4. Failure to File Notice with LAHD

• Landlords must file a copy of the eviction notice with the LAHD within three business days of serving the tenant.
• If the landlord fails to do this, the eviction may be legally challenged.

5. Retaliation or Harassment

• If the eviction is retaliatory (e.g., the tenant reported code violations, complained about unsafe conditions, or joined a tenant organization), the eviction is not valid.
• Harassment tactics—such as shutting off utilities, refusing repairs, or making unlawful threats—can also serve as a defense.

6. Property Violations & Habitability Issues

• If the property has unresolved housing code violations, tenants can argue they should not be evicted until the landlord fixes the problems.
• Landlords cannot evict tenants in retaliation for requesting repairs.

Legal Consequences for Landlords Violating These Rules:

• If a landlord fails to comply with the Just Cause Ordinance, tenants can:
  ✅ Use these defenses in eviction court
  ✅ Sue for damages (including unpaid relocation assistance)
  ✅ Seek attorney’s fees if they win in court
  ✅ Challenge illegal evictions as a misdemeanor offense

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.

The response above is not intended as legal advice. This response does not create an attorney-client relationship. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. It is highly recommended that you seek advice from an attorney by setting up a confidential meeting. All who read this answer should not rely on the answer to govern their conduct.