Below are questions asked by rental property owners regarding California property management and Section 8 tenants followed by answers provided by the law firm of Simone and Blevins.
Q: I own a house in Chula Vista that I want to rent out. My friend told me that my rental property is exempt from the new Chula Vista Residential Tenant Protection Ordinance (Chula Vista Municipal Code ⸹⸹ 9.65.010-9.65.090). Is it true that my property is exempt and what types of rental properties are exempt from rent control?
A: Yes, single-family homes and condominiums are exempt from the new Chula Vista Residential Tenant Protection Ordinance so long as:
- You do not own the property in a real estate investment trust, corporation, or LLC in which at least one member is a corporation, and
- You provide proper notice of exemption in the rental agreement.
The other common exemptions are listed below (Chula Vista Municipal Code ⸹ 9.65.040 provides a complete list of exemptions):
- Single-family, owner-occupied residences, including a mobile home, in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. Example, the owner lives in the main house and rents out the granny flat.
- 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, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. Example, a duplex.
- A homeowner in a mobile home, as defined in Civil Code Section 798.9 or a tenancy as defined in Civil Code Section 798.12.
- Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the owner who maintains their principal residence at the residential rental unit.
- Housing restricted by deed: regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code Section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, or moderate income as defined in Health and Safety Code Section 50093 or comparable federal statutes. This exclusion shall not apply to a tenant with a Section 8 housing choice voucher.
Q: I own a condo in Chula Vista and hold title in my revocable trust. I know that my rental property is exempt from the Chula Vista Residential Tenant Protection Ordinance. What information do I need to provide my tenant to qualify for the exemption?
A: If your property is exempt from the Chula Vista Residential Tenant Protection Ordinance, you must provide written notice as part of your rental agreement (for any tenancy commenced or renewed after March 1, 2023). The exemption notice must read “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to Just Cause requirements of Section 1946.2 of the Civil Code and Chapter 9.65 of the Chula Vista Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and section 9.65.040(C) of the Chula Vista Municipal Code, and the owner is not any of the following: (1) a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
Q: I own a house in Chula Vista and gave notice of exemption from the Chula Vista Residential Tenant Protection Ordinance in February 2023. I am renewing the tenant’s lease in July 2023. Do I need to provide the notice again?
A: Yes, you will need to include the notice of exemption in any rental agreement beginning or renewing on or after March 1, 2023. The notice can be incorporated into a new agreement or included by a signed addendum to the agreement.
Q: I own an apartment building in Chula Vista that is subject to the Chula Vista Residential Tenant Protection Ordinance. What type of notice do I need to provide to my tenants?
A: If your property is subject to the Chula Vista Residential Tenant Protection Ordinance, you must provide written notice as part of your rental agreement by an addendum or notice signed by the tenant (for any tenancy commenced or renewed after March 1, 2023). The notice must read “California law limits the amount your rent can be increased. See Civil Code section 1947.12 for more information. Local law also provides a landlord must provide a statement of cause in any notice to terminate a tenancy. In some circumstances, tenants who are elderly (62 years or older) or disabled may be entitled to additional tenant protections. See Chula Vista Municipal Code chapter 9.65 for more information.”
Q: My property is subject to the Chula Vista Residential Tenant Protection Ordinance. My tenants have an unauthorized dog and are not cleaning up after the dog. This is a violation of the lease. Can I still serve a 3-Day Notice to Perform Covenant or Quit on my tenants?
A: Yes, you can serve a 3-Day Notice to Perform Covenant or Quit for any curable lease violation. However, if the tenant does not cure the violation, you must serve a subsequent 3-Day Notice to Quit to terminate the tenancy prior to moving forward with an eviction.
Q: My property is subject to the Chula Vista Residential Tenant Protection Ordinance. I want to terminate my tenancy to withdraw my units from the rental market to sell. Do I need to comply with both the California Tenant Protection Act (AB1482) and the Chula Vista Residential Tenant Protection Ordinance?
A: Yes, you must comply with both California and Chula Vista tenant protections. This means that you will need to provide relocation benefits under both California law and Chula Vista law and cannot combine the benefits. For more information visit Chula Vista’s Landlord Tenant webpage: https://www.chulavistaca.gov/departments/development-services/housing/rental-housing/landlord.
The law firm of Simone & Blevins has been doing evictions for over 28 years. The office is open Monday – Friday from 9:00 AM to 5:00 PM. Tel: 619-235-6180, website: www.landlordslegalcenter.com or email [email protected]