As a landlord attorney serving the San Diego area, I’ve been closely monitoring the recent developments in Imperial Beach regarding the new renovation ordinance No. 2025-1253. This ordinance took effect on March 22nd and introduces significant changes to landlord-tenant relations, particularly concerning evictions related to property renovations. It’s crucial for landlords and property managers to understand these changes to ensure compliance and avoid potential legal pitfalls.
Why the New Ordinance?
The Imperial Beach City Council has implemented this ordinance to protect tenants from being evicted by landlords because they need to make renovations to their property.
Key Provisions of the Ordinance:
• Restricted No-Fault Evictions: The ordinance significantly restricts no-fault evictions related to renovations. Cosmetic upgrades no longer qualify as a valid reason for eviction. Only “substantial renovations” that require the tenant to vacate the premises are permissible grounds.
• Mandatory Relocation Assistance: Landlords who pursue a no-fault eviction for substantial renovations must provide tenants with relocation assistance equivalent to two months’ rent. This assistance is further increased to three months’ rent for senior and disabled tenants.
• Defining “Substantial Renovations”: The ordinance provides a clearer definition of what constitutes “substantial renovations,” aiming to prevent landlords from abusing the system with minor cosmetic changes.
Implications for Landlords:
• Due Diligence in Planning Renovations: Landlords must carefully assess the scope of renovations and ensure they meet the “substantial renovations” criteria.
• Financial Planning for Relocation Assistance: Landlords must factor in the cost of relocation assistance when planning renovations that necessitate tenant displacement.
• Potential for Increased Scrutiny: This ordinance may lead to increased scrutiny of eviction notices, requiring landlords to provide thorough documentation of the necessity for tenant relocation.
• Rent Increase Considerations: As mentioned in the news, some landlords are concerned this will raise rent. While that remains to be seen, landlords should always be aware of all local and state rent regulations.
Recommendations for Landlords:
• Consult with Legal Counsel: It’s imperative to consult with a qualified landlord attorney to ensure compliance with the new ordinance.
• Maintain Detailed Records: Keep meticulous records of all renovation plans, eviction notices, and relocation assistance payments.
• Communicate Transparently with Tenants: Open and honest communication with tenants can help mitigate potential disputes and foster positive landlord-tenant relationships.
• Stay Updated on Local Regulations: Local ordinances can change, so it’s essential to stay informed about the latest developments in landlord-tenant law.
Mandatory Termination of Tenancy Form
According to sections 9.90.060(A)(1) and 9.90.060(B)(1)(b) of the “Just Cause for Termination of a Residential Tenancy Ordinance,” if a landlord (“Owner of a “Residential Rental Unit””) issues a notice to end a tenant’s lease, they must inform the City about it.
The Owner of a “Residential Rental Unit” that serves a termination of tenancy notice to tenants is REQUIRED to submit each termination of tenancy along with the information contained in this Mandatory Termination of Tenancy Form, or a substantial equivalent within 3 business days of the termination notice being served to the tenant. The only exception to this rule is if the situation falls under the exemptions listed in section 9.90.040 of the same code. The City requires this information to understand the resources available and to gather data on tenancy terminations within Imperial Beach.
Looking Ahead:
The Imperial Beach ordinance is a significant development in the ongoing debate about tenant protections. Staying informed and compliant is the best way to protect your investments and maintain positive tenant relations.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult with a qualified eviction attorney for advice tailored to your specific situation.
