• A tenancy may not be terminated unless the landlord has one of the allowable “just cause” reasons, which must be stated in the notice terminating tenancy.
• Additional documentation is required to be provided to the tenant as verification that the landlord will terminate tenancy for a “just cause” reason.
• Additional relocation assistance greater than state law is required by the TPO.

• The ordinance went into effect immediately, upon adoption, on November 7, 2023.

• No. The TPO only applies if tenants have lived in the unit for 12 months or more or at least one tenant has occupied the unit for 24 months.

• No. The TPO exempts:
  • Transient and tourist hotels
  • Nonprofit hospitals, religious facilities, extended care facilities, licensed residential care facilities
  • Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12 school
  • Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property
  • Single-family owner-occupied residences
  • A property containing two separate dwelling units within a single structure in which the owner-occupied one of the units as the owner's principal place of residence at the beginning of the tenancy
  • Housing that has been issued a certificate of occupancy within the previous 15 years
  • Residential real property (i.e. condominium, townhome, single-family home) that is alienable separate from the title to any other dwelling unit provided that:
    • The owner is not any of the following:
      • A real estate investment trust defined in Section 856 of the Internal Revenue Code.
      • A corporation
      • A limited liability company in which at least one member is a corporation
      • Management of a mobile home park

• A “no-fault” just cause eviction is when the termination of tenancy is given to the tenant who has not breached the terms of the lease, and the landlord desires to recover possession of the property for other specified reasons.
• Landlords must provide relocation assistance for “no-fault” evictions. “No-fault” reasons to evict a tenant include:
  • The owner or owner-relative intends to occupy the unit
  • Withdrawal of the rental property from the rental market
  • The owner is complying with a local ordinance, court order, or other government entity resulting in the need to vacate the property.
  • An intent to demolish or substantially remodel the unit.

• Just cause “at fault” eviction reasons include but are not limited to:
  • Nonpayment of rent
  • Breach of the material term of the lease
  • Nuisance
  • Waste
  • Unlawful/criminal activity
  • Refusal to sign a written extension or renewal of the lease
  • Subletting
  • Refusal to allow owner to enter unit for authorized purposes

• A tenant being evicted for “no-fault” is required to receive relocation assistance from the landlord.

• No. Tenants who are evicted for “at-fault” are not entitled to relocation benefits.

• The required amount of relocation assistance is equal to one (1) month of Fair Market Rent (FMR) as determined annually by the U.S. Department of Housing and Urban Development (HUD) or waiver of the tenant’s final month of rent and, if FMR is higher than the current rent, a payment to the tenant to cover the difference.
• Below is a table representing one-time FMR:

  ZIP Code	Studio	One-Bedroom	Two-Bedroom	Three-Bedroom
  92626	$2,480	$2,640	$3,140	$4,250
  92627	$2,120	$2,260	$2,680	$3,630

• The relocation assistance must be paid to the tenant within 15 days of issuing the notice to terminate tenancy. A landlord’s notice to terminate tenancy must notify which of these options will be used to pay the assistance, and notices not complying with this requirement are void.

• Owners are required, when issuing a no-fault just cause eviction for intent to demolish or substantially rehabilitate the property, to provide written notice to tenants informing them of the:
  • intent to demolish or substantially rehabilitate the property
  • a description of the substantial rehabilitation to be completed
  • approximate estimated duration of the substantial rehabilitation or the expected date the property is to be demolished
  • copy of the building permit or permits required to undertake the substantial remodel or demolition; or if permits are not required, a copy of the contract to complete the work
• For these purposes, “substantial remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as a substantial model.

Landlords and/or property owners may submit a copy of the Notice of Tenancy Termination to evictions@costamesaca.gov or through the City’s Totally Electronic Self-Service Application (TESSA).

For more information on the TPO and/or available housing resources, contact evictions@costamesaca.gov.