As published in the Salinas Valley Business Journal, January 2025
https://salinaschamber2023.growthzoneapp.com/ap/CloudFile/Download/LE1QQWqL
by Geraldine Villa, Attorney
As of January 1, 2025, landlords with property in the city limits of Salinas must have more “Just Cause” to evict tenants than required under State law. [Salinas City Code 17-02.50 and following (“Ordinance”)]. The Ordinance limits the reasons a tenancy can be terminated and requires higher relocation assistance payments, among other things.
The following residential units are exempt under the Ordinance:
Short-Term Rentals: Short-term rentals of 28 days or less. This exemption is lost if the tenant stays for more than 30 consecutive days, has a rental agreement for 30 days or more, or if the landlord violates specific regulations under California Civil Code section 1940.1.
Special Housing Types: Units in hospitals, convents, monasteries, extended care facilities, dormitories owned and operated by an accredited educational institution.
Shared Housing: Units where tenants share a bathroom or kitchen with the property owner who maintains their primary residence at the property.
Single-Family-Owner-Occupied Homes: Single-family homes are only exempt if the owner maintains their primary residence in the home and the owner rents no more than two units or rooms, including accessory dwelling units (ADUs and Junior ADUs).
Just-Cause is Mandatory to Terminate any Residential Tenancy
Under the Ordinance, landlords cannot terminate any tenancy without “Just Cause,” regardless of how long the tenant has been in possession of the property. There are two types of “Just Cause”: At-Fault and No-Fault.
“At-Fault” Just Cause includes:
- Failure to Pay at Least One Month’s Rent: If the tenant lawfully withholds rent due to habitability issues, the rent will not be considered “overdue”.
- Breach of Lease: After the tenant is notified and given a chance to cure the breach, the landlord may evict a tenant substantially violating any material terms of the lease provided such terms are legal.
- Assignment and Sublease: Tenants can be evicted for violating the assignment and sublease provisions of a lease. However, a tenant who continues to reside in the unit as their primary residence, cannot be evicted if the sublease replaces one or more departed tenants and the landlord unreasonably withholds consent to sublet.
- Family Protections: Landlords may not evict tenants for allowing children, a parent, grandchild, grandparent, brother or sister or the spouse or domestic partner to join the household so long as the number of occupants does not exceed the maximum number of occupants permitted by the lease.
- Nuisance and Waste: This includes causing significant damage to the property.
- Failure to Give Access: Tenants who refuse without good cause to grant the landlord access to the unit after the landlord has served the tenant with proper written notice.
- Illegal Activities: Tenants engaging in criminal activity on the premises, including in common areas, criminal threat by tenant towards landlord or landlord representative, or expressly permits the rental unit to be used for any illegal purpose, may be evicted.
For “At-Fault” evictions, a tenant must be given 10 days to cure the violation (in cases of curable violations) before sending the tenant an additional 30 or 60 day notice to terminate. The notice must include a description of the basis for termination among other things.
“No-Fault” just cause includes:
- Owner Move-In: If the landlord wishes to move into the unit as their primary residence or move in an immediate family member (parent, child, grandparent etc.), they can evict the tenant after proper notice. However, for leases entered into on or after January 1, 2025, the agreement must expressly allow the landlord to terminate the tenancy for this reason, or the tenant must agree in writing. The landlord must have at least a 51% ownership interest in the property and the intended family member must move in within 90 days and live in the unit for at least 36 consecutive months. If the intended family member does not occupy for 36 months, the landlord must offer the unit back to the previous tenant at the same rent and on the same terms and pay all reasonable expenses the tenant incurs in moving to and from the unit. The landlord may not recover possession for an “owner move in” if a comparable unit owned by landlord and located within Salinas is vacant and available. Only one specific unit per building may undergo an eviction for this reason. Thereafter, any future evictions for an Owner Move In must be of that same unit.
- Substantial Repairs or Demolition: After obtaining all necessary City permits and providing the tenant with proper notice, a landlord may evict a tenant to demolish the property or substantially repair health and safety issues. Substantial remodels include the replacement or substantial modification of structural, electrical, plumbing, or environmental repairs requiring a permit from a governmental agency or the abatement of hazardous materials. If the repairs can be completed in 60 days or less and the tenant agrees in writing to vacate during the repair period landlords may not evict the tenant unless the tenant fails to vacate in accordance with such agreement. If a comparable unit owned by the landlord and located within the City is vacant and available, the landlord must notify the tenant in writing of the existence of such unit and offer it to the tenant.
Landlords must pay tenants evicted for no-fault just cause relocation assistance equal to three months’ rent, regardless of income or length of tenancy. If a unit becomes available within five years of the eviction, the displaced tenant has a right of first refusal to re-occupy the unit. All termination notices and accompanying materials, including warning notices, must be filed with the City Attorney within three days of service of the notice on the tenant. [Sec. 17-02.54.]
Buyout Agreements
Landlords wishing to negotiate a buyout agreement with tenants must provide detailed disclosures to tenants, explaining their right to refuse the buyout and consult legal counsel. Buyout agreements must be written and for an amount that is greater than the amount of relocation assistance available to the tenant under the Ordinance. [Sec. 17-02.56.]
Ellis Act Provisions – Removing Rental Structure from the Rental Market
Landlords who remove the unit from the rental market must provide tenants a 120-day notice and three months’ relocation fees. The landlord must offer displaced tenants the right to re-rent any units withdrawn from the market within ten years. Landlords must file the termination notice with the city and record it with the Monterey County Recorder. Failure to comply with these provisions can result in civil penalties, including punitive damages. [Sec. 17-02.57.]
Notify Tenants of Residential Tenant Protections Ordinance
On or before commencing a new tenancy, landlords must provide tenants with this notice or must include this notice in the lease. The notices must be in tenant’s primary language, English, and Spanish. [Sec. 17-02.55.]
Compliance is Mandatory
Strict compliance with the Ordinance is mandatory. Failure to comply may result in civil and criminal damages. Landlords should determine whether their rental property is subject to the Ordinance, familiarize themselves with its details, consult with legal counsel and give the necessary notices to all tenants.
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This article is intended to address topics of general interest and should not be construed as legal advice.
© 2025 Noland, Hamerly, Etienne & Hoss