How to Evict a Tenant for Nonpayment of Rent in Santa Monica, California
The Law Office of Aaron Kohanim has extensive experience with the Santa Monica Rent Control. With extensive laws under Ren Control, 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 Santa Monica Rent Control Properties, a landlord must follow these steps:
Evicting a tenant for nonpayment of rent in Santa Monica requires strict compliance with Article XVIII of the Santa Monica Rent Control Law. This local law provides strong protections for tenants and outlines exact procedures that landlords must follow when seeking to terminate a tenancy for nonpayment. Below is a comprehensive guide to initiating such an eviction.
1. Grounds for Eviction: Nonpayment of Rent
Under Santa Monica Rent Control Law §1806(a)(1), a landlord may only initiate eviction proceedings if:
“The tenant has failed to pay the rent to which the landlord is entitled under the rental housing agreement and this Article.”
This means the rent must be lawfully due under both the lease agreement and the rent ceiling provisions established by the Rent Control Board.
2. Rent Must Be Lawfully Due
Before issuing a notice, the landlord must ensure the rent demand complies with the Rent Control Law:
- The unit must be properly registered with the Rent Control Board (§1803(q)).
- The rent must not exceed the Maximum Allowable Rent (MAR) (§§1804–1805).
- The landlord must not be in violation of applicable housing, health, or safety codes or registration fee requirements (§1805(h)).
If these conditions are not met, the tenant can raise them as an affirmative defense in an unlawful detainer action under §1806(f).
3. Issuing the Notice to Pay Rent or Quit
A landlord must serve a three-day notice to pay rent or quit in compliance with state law (Code of Civil Procedure §1161(2)). This notice must:
- Accurately state the amount of rent that is lawfully due.
- Not include any unlawful charges (e.g., late fees, utilities not agreed upon).
- Be served in a legally acceptable manner (personal service, substituted service, or posting and mailing, per CCP §1162).
Note: Although Santa Monica Rent Control §1806(e) requires landlords to file a copy of any termination notice with the Rent Control Board within three days of service, this does not apply to three-day notices for nonpayment. However, it’s good practice to maintain proof of notice for court.
4. Filing the Unlawful Detainer Action
If the tenant fails to pay or vacate within the three-day period:
- The landlord may file an unlawful detainer lawsuit in Los Angeles County Superior Court (Gov. Code §7060 et seq.).
- The complaint must allege:
- Lawful rent due,
- Service of a proper notice, and
- Compliance with Rent Control and registration laws.
The landlord must prove compliance with §1806 of the Santa Monica Rent Control Law. This includes rent registration, code compliance, and adherence to rent ceilings.
Landlords in Santa Monica must strictly follow the procedural and substantive requirements set forth in Article XVIII of the City Charter (Santa Monica Rent Control Law) when seeking to evict a tenant for breach of lease. A failure to adhere to these rules can result in dismissal of the case, civil penalties, and tenant protections under local law.
This article outlines the steps to prepare, serve, and enforce a lawful notice to terminate tenancy based on breach of a lease covenant, including citations to the controlling law.
🔹 1. Legal Grounds for Eviction: Breach of Lease
Under Section 1806(a)(2) of the Rent Control Law, a landlord may only terminate a tenancy for breach of lease if:
“The tenant has continued, after written notice to cease, to commit a material and substantial breach of an obligation or covenant of his or her tenancy which the landlord has not waived either expressly or impliedly through the landlord’s conduct and which the landlord is not estopped from asserting…”
🔹 2. Precondition: Serve a “Notice to Cease” First
Before issuing a notice to terminate the tenancy, a prior written notice to cease is required by law. This notice must:
- Clearly describe the nature of the breach (e.g., unauthorized occupants, pet violations, illegal conduct).
- Inform the tenant that the conduct must stop immediately.
- Warn the tenant that continued violation may lead to eviction.
Legal requirement: “Written notice to cease” must be served prior to any notice to terminate under §1806(a)(2).
🔹 3. Landlord Must Not Have Waived or Be Estopped from Enforcing the Lease
The breach must be unwaived:
- The landlord must not have knowingly accepted rent after the breach occurred.
- The landlord’s past conduct must not suggest acquiescence (i.e., estoppel or waiver).
Authority: §1806(a)(2) prohibits evictions where the breach has been waived “expressly or impliedly through the landlord’s conduct.”
🔹 4. Prepare the Eviction (Termination) Notice
After the tenant fails to cure the violation following a cease notice, the landlord may prepare a notice to terminate tenancy.
This notice must:
- Be in writing
- State the exact cause for termination (e.g., unauthorized subletting, illegal activity, damage to premises)
- Reference the prior notice to cease
- Specify the date by which the tenant must vacate
- Be served with adequate notice based on the type of breach (typically 3–30 days under state law)
Required by: §1806(e): “In any notice purporting to terminate tenancy the landlord shall state the cause for the termination…”
🔹 5. Serve the Notice Properly
The landlord must serve the termination notice in accordance with California Code of Civil Procedure §1162
Note: A copy of the termination notice must be filed with the Santa Monica Rent Control Board within three (3) days of service, per §1806(e).
🔹 6. Timing: Reasonable Period Before Termination Notice
The “notice to cease” must be served a reasonable period of time before the termination notice. This is not explicitly defined in days under §1806(b), but should be sufficient to allow the tenant to cure or stop the behavior.
Authority: §1806(b): “Any written notice as described in Subsections (a)(2), (3), or (6) shall be served… a reasonable period prior to serving a notice to terminate tenancy…”
🔹 7. File the Unlawful Detainer Lawsuit
If the tenant fails to vacate after the termination notice expires:
- File an unlawful detainer action in the Los Angeles Superior Court.
- Attach:
- Lease agreement
- Notice to cease
- Notice to terminate tenancy
- Proofs of service
- Proof of registration with the Rent Control Board
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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