The Law Office of Aaron Kohanim has extensive experience with the Pasadena City 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 Pasadena Rent Control Properties, a landlord must follow these steps:
Evicting a tenant for nonpayment of rent in the City of Pasadena requires strict compliance with Article XVIII of the City Charter—also known as the Pasadena Fair and Equitable Housing Charter Amendment. Failure to follow each requirement can result in your unlawful detainer lawsuit being dismissed, delaying recovery of possession and potentially subjecting you to liability.
This guide outlines all required legal steps to lawfully evict a tenant for nonpayment of rent in Pasadena.
The process begins with a Written Notice to Cease, which is mandatory under Section 1806(a)(1). This notice must inform the tenant of their failure to pay rent and give them an opportunity to cure. Only after the tenant has been served with this notice and fails to comply may the landlord proceed with a formal notice to terminate the tenancy. Typically, this takes the form of a three-day notice to pay rent or quit, which must state with specificity the amount of rent owed and comply with both state law and the local Charter. It is critical that this notice demands only unpaid rent, not ancillary fees or charges, unless those charges qualify as rent under the lease and applicable law.
Correct Legal Basis for Termination
- State that the notice is being served under Pasadena City Charter §1806(a)(1) for nonpayment of rent.
Specificity of Grounds
- Clearly specify that the tenant failed to pay rent after being given a prior Written Notice to Cease. (§1806(i))
Amount of Rent Due
- Itemize the total rent due.
- Do not include late fees, utility charges, or other non-rent charges unless authorized by the lease and law. (§1806(a)(1))
Cure Period
- Give the tenant three (3) days to pay the rent or vacate the unit (excluding weekends and holidays per CCP §1161).
Name and Contact Info of the Landlord
- Include name, address, and phone number where the tenant can pay rent or contact the landlord/agent.
Service Instructions
- Specify where and how rent must be paid (in person, by mail, electronically, etc.).
Conspicuous Language
- Use clear and plain language so the tenant understands the consequences of not curing.
Notice of Tenant Rights
- Include the mandatory summary of tenant rights provided by the Pasadena Rental Board. (§1806(k))
Once the termination notice is served, a copy of both the Notice to Cease and the Notice to Terminate Tenancy must be filed with the Pasadena Rental Housing Board within three days. This filing must include a summary of tenant protections, prepared in the form mandated by the Board. This step is not optional. Section 1806(k) makes it clear that failure to comply with this notice-filing requirement constitutes a complete affirmative defense to an unlawful detainer action.
A landlord must also ensure that the rental unit is registered with the Pasadena Rental Registry and that all rental housing fees have been paid in full. If the property is not registered, or if required fees have not been paid, the landlord is barred from proceeding with an eviction under Section 1812 and 1811(l).
Rental Registry Status
- The property must be registered in the Pasadena Rental Housing Registry. (§1812(b))
Rental Housing Fee
- Landlord must be current on annual fees owed to the Rental Board. (§1811(l))
Habitability Compliance
- The unit must not have code violations or habitability problems under Civil Code §1941.1 or HSC §17920.3. (§1808(e))
No Retaliation or Harassment
- The eviction must not be retaliatory or part of a pattern of harassment. (§1806(g), (h))
Habitability is another critical compliance issue. The Charter prohibits eviction if the rental unit is not in substantial compliance with health and safety codes or if there are outstanding habitability violations. Under Section 1808(e), any such deficiencies must be corrected before an eviction for nonpayment can lawfully proceed.
When filing the unlawful detainer complaint in court, the landlord must allege compliance with Article XVIII. Section 1806(j) mandates that the complaint specifically assert that the landlord has met all applicable requirements of the Charter. Omission of this allegation could be grounds for demurrer or dismissal.
Tenants have several affirmative defenses available under Article XVIII. If the eviction is retaliatory—for instance, if the tenant recently exercised rights under the Charter—the tenant can assert retaliation under Section 1806(g). Harassment, as defined by Section 1806(h), also serves as a defense if the eviction is part of a pattern to pressure the tenant into vacating. Additionally, failure to serve notices properly, failure to file them with the Board, and violations of relocation or registration requirements all constitute complete defenses under Section 1806(l) and Section 1817(d).
A landlord who proceeds improperly risks more than just losing possession of the unit. Article XVIII allows tenants to bring civil actions for actual and treble damages, along with attorneys’ fees. In some cases, the tenant may even regain possession of the unit if it is shown that the eviction was based on a false or bad-faith claim of nonpayment.
Pasadena’s rent control and eviction law is not merely technical—it is unforgiving. Even small errors can be fatal to a case. Given the complexity and high stakes, it is strongly recommended that landlords and property managers consult with legal counsel before serving any notices.
To avoid costly missteps and ensure your case is properly prepared, our firm offers compliance consultations specifically for Pasadena landlords. We assist with document review, case strategy, and legal filing requirements to ensure you are in full compliance before initiating any eviction action.
Schedule a consultation today to ensure your eviction for nonpayment of rent is legally sound and procedurally compliant.
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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