West Hollywood Eviction Lawyer

The Law Office of Aaron Kohanim has extensive experience with the West Hollywood Rent Control Ordinance or as some call it West Hollywood Rent Control. With extensive laws under WEHO, an experienced 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.   

According to the West Hollywood Rent Stabilization Code, the requirements for a rent eviction (eviction for non-payment of rent) are as follows:

1. Just Cause Requirement

• A landlord may only evict a tenant for non-payment of rent if the rent is lawfully due and the tenant has failed to pay​.
• The dominant motive for eviction must be just cause, meaning the eviction cannot be retaliatory or based on discrimination​.

2. Proper Notice to the Tenant

• The landlord must serve the tenant with a written Three-Day Notice to Pay Rent or Quit, which must:
  • Clearly state the amount of rent owed.
  • Provide the tenant with three (3) days to pay in full or vacate the unit.
  • Include instructions on how and where to pay the rent​.
• Statement of Just Cause for Eviction

·   The eviction notice must specify the exact reason for eviction and cite the specific subsection of Section 17.52.010 under which the landlord is proceeding

3. Filing Notice with the City

• The landlord must file a copy of the eviction notice with the West Hollywood Rent Stabilization Commission within five (5) days of serving the tenant​.
• If an unlawful detainer (eviction lawsuit) is filed, a copy must also be submitted to the city within five (5) days​.

4. Court Eviction Process

• If the tenant fails to pay within the three-day period, the landlord may file an unlawful detainer lawsuit in court​.
• The tenant has the right to contest the eviction in court.
• If the court rules in favor of the landlord, the court may issue a writ of possession, allowing the landlord to legally remove the tenant.

5. No Waiver of Tenant Rights

• A landlord cannot coerce or pressure a tenant into leaving without following legal eviction procedures​.
• The landlord cannot refuse to accept lawful rent payments as a means to force an eviction​

According to the West Hollywood Rent Stabilization Code, the requirements for an owner move-in eviction include:

1. Who Can Move In

• The landlord or their spouse, parent, grandparent, brother, sister, child, or grandchild (by blood or adoption) must intend to occupy the unit as their primary residence​.
• The owner must reside in the unit for at least one full year after the tenant vacates​.

2. Ownership Requirements

• The landlord must be a real person (not a corporation) and hold at least 50% ownership in the property​.

3. Restrictions on Multiple Evictions

• A landlord can only conduct one owner move-in eviction per building every six years, regardless of changes in ownership​.
• If there is a comparable vacant unit in the building, the landlord must offer that unit first before evicting a tenant​.

4. Protections for Vulnerable Tenants

• Terminally ill tenants cannot be evicted for owner move-in​.
• If a tenant has a disability requiring special accommodations, the landlord must provide an available comparable unit on an accessible floor instead of evicting them​.

5. Notice Requirements

• The landlord must provide a 60-day written notice before terminating the tenancy​.
• The notice must be filed with and approved by the City of West Hollywood before it becomes effective​.

The notice must state:

• The name and current address of the owner or qualified relative moving in.
• The relationship between the landlord and the new occupant.
• That the occupant intends to use the unit as their primary residence for at least one full year.
• A statement that the tenant has the right to return if the unit is re-rented

Additional Statements Required in the Notice

• The notice must inform the tenant that they may notify the landlord within 30 days if they are interested in re-renting the unit should it be offered for rent again​.
• The tenant must be advised to update the landlord with their future address.
• The tenant must be informed that they can file a copy of their interest in re-renting with the West Hollywood Rent Stabilization and Housing Department

Medical Necessity Clause (If Applicable)

• If the owner or qualifying relative requires the unit for medical reasons, the notice must include a letter from a physician stating the medical necessity for occupying the particular unit

6. Tenant’s Right to Return

• If the owner or relative moves out before one full year, the tenant has a right of first refusal to re-rent the unit at the prior rent-controlled rate​.

7. Relocation Assistance

• The landlord must pay relocation fees to the evicted tenant, as required by the Rent Stabilization Code​.

8. Good Faith Requirement

• There is a rebuttable presumption of bad faith if:
  • The owner does not move in within 90 days.
  • The owner does not live in the unit for at least 12 continuous months

6. Consequences for Non-Compliance

• If the landlord fails to have the owner or relative move in within 90 days or does not reside in the unit for at least 12 continuous months, it creates a rebuttable presumption of bad faith​.
• The City may revoke its approval of the eviction if it determines that the approval was based on false or misleading information​.

According to the Rent Stabilization document, the following properties are subject to rent control:

Properties Covered by Rent Control

1. Rental Units First Occupied on or Before July 1, 1979
   • Any rental unit in a building first occupied before July 1, 1979 is subject to rent control unless it qualifies for an exemption​.
2. Previously Exempt Units That Lost Their Exemption
   • If a rental unit was exempt from rent control on September 15, 1985, but later became subject to rent control, the landlord must register the unit with the city​.
3. Section 8 Housing Choice Voucher Program Units in Pre-1979 Buildings
   • Units in non-government-owned buildings first occupied before July 1, 1979 that participate in the Section 8 program are not exempt from rent control​.
4. Rental Units in Buildings That Were Withdrawn and Re-Rented Within Five Years
   • If a rental unit was withdrawn from the rental market under Section 17.52.010(15) and is re-rented within five years, it remains subject to rent control​.
5. Legally Converted Units from Non-Housing to Housing Use
   • If a non-housing property was legally converted into residential rental units, those units may be subject to rent control, except in certain cases​.

Exempt Properties

Certain properties are exempt from rent control, including:

• New construction first occupied after July 1, 1979 (unless built on previously withdrawn land)​.
• Government-owned or assisted housing​.
• Nonprofit housing accommodations operated by tax-exempt organizations​.
• Inclusionary housing units subject to agreements with the city​.
• Owner-occupied units where the landlord or specified relatives reside​.
• Single-family residences and condominiums rented after January 1, 1996

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.