City of Oxnard Tenant Protection and Rent Stabilization Ordinances

AUTHOR(S):

Joseph Tobener

Tenant Lawyer & Adjunct Law Professor

Joseph Tobener

22+ years of practicing law. Partner at a Tenant Law Firm. Featured on NYTimes, Reuters, Wired, and the Los Angeles Times.

INFORMATION VERIFIED BY:

Christina Collins

California Tenant Lawyer

Christina Collins

18 years of practicing law. Associate Attorney. Juris Doctor from the Golden Gate University School of Law.

Jacqueline Ravenscroft

California Tenant Lawyer

Jacqueline Ravenscroft

12+ years of practicing law. Partner at a tenant law firm. Tenant-landlord law instructor at San Francisco State University. Featured in the San Francisco Chronicle and Plaintiff Magazine.

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The City of Oxnard Tenant Protection and Rent Stabilization Ordinances protect tenants from unjust evictions without a cause and from unreasonable rent increases. The law also provides relocation benefits for tenants who are evicted for a no-fault reason and prohibits landlords from harassing tenants.

Oxnard, Cal. City Code, Ch. 27, Art. I., Art. II., Art. III.

The City of Oxnard Just Cause Eviction and Tenant Protection Ordinance

What units are covered by the City of Oxnard Just Cause Eviction and Tenant Protection Ordinance?

All residential rental units within the City of Oxnard have just cause eviction protection under the City of Oxnard Just Cause Eviction and Tenant Protection Ordinance once at least one tenant has continuously and lawfully occupied the unit for thirty days or more, except tenants living in the following units: 

  • Transient and tourist hotels and lawful short-term vacation rentals 
  • Housing in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, or adult residential facility
  • Dormitories operated by institutions of higher education or K-12 schools 
  • Units where a tenant shares a bathroom or kitchen with the owner who maintains a unit at the property as a principal residence
  • Single-family, owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two bedrooms
  • A duplex in which the owner has continuously occupied one of the units as a principal place of residence at the beginning of tenancy

Oxnard, Cal. City Code, Ch. 27, Art. I., Sec. 27-2, 27-7

Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the City of Oxnard Rent Stabilization Ordinance?

The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of Oxnard that are not covered by the City of Oxnard Rent Stabilization Ordinance and that otherwise meet the requirements of state rent control.  If your Oxnard unit is one of the exempt buildings under the City’s ordinance, please read our guide to determine if your unit is covered by California Rent Control.

What are the at-fault just causes for eviction for units covered by the City of Oxnard Just Cause Eviction and Tenant Protection Ordinance?

  1. Failure to pay rent
  2. Breach of a material term of the lease including, but not limited to, after being issued a written notice to correct the violation.  However, certain situations do not qualify as a material breach and cannot be the basis for eviction:
    1. Adding a minor dependent. A tenant may add a dependent child under 18 to the household, even if doing so exceeds the lease’s occupancy limit, so long as the total occupancy still complies with the Uniform Housing Code.
    2. Adding a replacement adult occupant. The landlord may approve or deny the proposed additional or replacement tenant but cannot unreasonably withhold approval.  If the landlord fails to respond in writing with a description of the reasons for the denial within a reasonable time of the tenant’s written request, approval is deemed granted.
    3. Subletting. A landlord cannot evict a tenant for adding a subtenant if the original tenant still lives in the unit, the subtenant is replacing someone who was allowed to live there, and the landlord either unfairly refused to approve the new tenant or did not give the tenant a fair chance to fix the issue.
  3. Maintaining, committing, or permitting the maintenance or commission of a nuisance
  4. Committing waste by causing harm to the property that reduces its value or condition beyond ordinary wear and tear 
  5. Criminal activity on the rental property, including any common areas, or any threat of a crime
  6. Refusing to execute an extension of a written lease.  This is just cause only if the landlord requests in writing, within thirty days before or after the existing lease ends, that the tenant sign an extension of similar duration and on substantially identical terms as the prior lease.  Adding a provision allowing the landlord to terminate the lease for occupancy by the owner or the owner’s spouse, domestic partner, child, grandchild, parent, or grandparent is considered a “similar” lease term for this purpose.
  7. Unauthorized assignment or subletting of the unit.  A landlord cannot end a tenancy because of a sublease if the tenant asked for permission in writing, still lives in the unit as their main home, and the new subtenant is simply replacing a tenant who moved out.  If the landlord does not respond in writing within a reasonable time, the request is treated as approved, as long as the lease is for one year or less.  
  8. Refusal to permit landlord access to the unit
  9. Using the premises for an unlawful purpose
  10. Failure to vacate after termination as an employee, agent, or a licensee.  This ground does not apply if the occupant’s employment, agency, or licensee status began while they were already a tenant.
  11. Failure to deliver possession after tenant provides the landlord with an intent to move

Sec. 27-3

Does a landlord have to give the right to cure a lease violation before serving an eviction notice under City of Oxnard Just Cause Eviction and Tenant Protection Ordinance?

For curable lease violations, a landlord must first give the tenant a written notice of the violation with an opportunity to cure before issuing a formal eviction notice.   The notice must inform the tenant that a failure to cure may result in eviction proceedings, state that the tenant has the right to request a reasonable accommodation, and provide the contact number for the City of Oxnard. Most importantly, the notice must include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the dates, places, witnesses, and circumstances that support the reasons for the eviction.

Sec. 27-5

What are the circumstances in which a landlord may terminate the tenancy with no-fault under the City of Oxnard Just Cause Eviction and Tenant Protection Ordinance?

  1. Intent to occupy the unit by the owner or their spouse, domestic partner, child, grandchild, parent, or grandparent. 
  2. Withdrawal of the property from the rental market pursuant to the Ellis Act
  3. Compliance with a government order relating to habitability that necessitates vacating the property.  
  4. Intent to demolish or to substantially remodel the property 

Sec. 27-4

What are the requirements for an owner- or relative-move-in eviction under the City of Oxnard Just Cause Eviction and Tenant Protection Ordinance?

For leases after June 2, 2022, a landlord can only do an owner or relative move-in if the lease allows an eviction for that reason.  For leases before June 2, 2022, the landlord may terminate for owner or relative move-in without a lease provision.  The owner or relative must move in within ninety days and live in the unit for twenty-four months, 

Within five business days of serving an eviction notice for owner or relative move-in, the landlord must submit a written affidavit to the City and the tenant stating the a good-faith intent, the name of the intended occupant and the relationship to the owner, and the intended occupant’s current address.

Sec. 27-4

What is meant by “Substantial Remodel” under the City of Oxnard Just Cause Eviction and Tenant Protection Ordinance?

A “substantial remodel” means replacing or significantly modifying a structural, electrical, plumbing, or mechanical system that requires a government permit, or abating hazardous materials such as lead-based paint, mold, or asbestos, where the work cannot reasonably be done safely with the tenant in place and requires the tenant to vacate for at least thirty days. Cosmetic improvements such as painting, decorating, and minor repairs do not qualify.  The tenant cannot be required to vacate on any day they could safely remain in the unit.

An eviction notice for substantial remodel must state that the tenant has the right to reoccupy after the work is completed.  However, the landlord is not required to offer the unit back to the tenant if the landlord keeps the unit off the rental market for six months after the work is done.   The landlord must give the tenant a sixty-day notice to move back, and the tenant has thirty days to accept.  

The landlord must get all required permits before serving a demolition or remodel notice, and the permits must be included in the eviction notice, along with a description of the scope and direction of the work.  If no permits are required for the work, then the landlord must provide a construction contract.

Sec. 27-4

Am I Entitled Relocation Payments Under the City of Oxnard Just Cause Eviction and Tenant Protection Ordinance?

For all no-fault evictions, tenants are entitled to relocation assistance equal to two months’ rent or $5,000, whichever is greater.  The relocation payment must be provided to the tenant within fifteen days of the eviction notice.  The landlord has the obligation to notify the tenant of the right to relocation.  Where a no-fault eviction is based on compliance with a government order relating to habitability that necessitates vacating the property, if the government agency or court determines that the tenant was at fault for the condition triggering the order, the tenant is not entitled to the relocation assistance otherwise required under Section 27-6(C).

If the tenant fails to vacate after the expiration of the termination notice, the landlord may recover the actual amount of any relocation payment or rent waiver paid to the tenant as damages in an unlawful detainer action.    

Sec. 27-6

Does The City of Oxnard Just Cause Eviction and Tenant Protection Ordinance protect against landlord retaliation?

It is illegal for a landlord or the landlord’s representative to retaliate against a tenant for lawfully and peaceably exercising any legal right under the ordinance, including the right to file a complaint with code compliance.  A landlord may not increase the rent, reduce services, cause a tenant to involuntarily move, or discriminate against a tenant.  Any provision of a rental housing agreement that purports to waive any provision of the ordinance is void as against public policy. 

Sec. 27-10

Can I Sue My Landlord for Wrongful Eviction, Harassment, or Other Violations of The City of Oxnard Just Cause Eviction And Tenant Protection Ordinance?

A tenant whose rights under the City of Oxnard Just Cause Eviction and Tenant Protection Ordinance have been violated may file a civil action for injunctive relief and damages.  Damages include emotional distress, loss of the value of a rent-controlled unit, moving costs, return of rent, injunctive relief, and attorney fees and costs.  Triple damages are awarded for any willful failure to comply with the relocation payment obligations.  

Sec. 27-10, 27-11

The City of Oxnard Rent Stabilization Ordinance

What units are covered by the City of Oxnard Rent Stabilization Ordinance? 

All residential rental units issued a certificate of occupancy on or before February 1, 1995 are covered by the rent caps of the City of Oxnard Rent Stabilization Ordinance, except:

  1. Affordable housing with rent limits recorded by deed, agreement, or government restriction. 
  2. School-owned dormitories, including colleges, universities, and K–12 schools. 
  3. Separately owned single-family homes or condos, unless owned by a REIT, corporation, or certain LLCs, and only if the tenant received the required exemption notice. 
  4. A duplex where the owner lived in one unit when the tenancy began and still lives there. 
  5. Mobile home units covered by Oxnard’s mobile home park rent stabilization rules. 
  6. Hotels, motels, inns, boarding houses, and similar short-term stays of less than thirty days. 
  7. Institutional housing, including hospitals, care facilities, senior or disabled group homes, transitional housing, convents, monasteries, and fraternity or sorority houses. 
  8. A unit where the owner or the owner’s immediate family lived as their main home when the tenancy began and still lives there.

Sec. 27-24

What is the maximum rent increase per year under the City of Oxnard Rent Stabilization Ordinance? 

For units covered by the City of Oxnard Rent Stabilization Ordinance, a landlord may not increase the rent by more than 4% per year.  Landlords may petition the City of Oxnard for a higher rent increase through the Fair Return Petition process.  To obtain a higher increase, the landlord must show that the 4% cap does not allow the landlord to obtain a fair return on the property.  

Sec. 27-21, 27-22, 27-23

The City Of Oxnard Tenant Anti-Harassment Protections

What protections does the City of Oxnard have Against Landlord Harassment?

In the City of Oxnard, no landlord, owner, owner’s agent, property manager, representative, or master tenant may engage in harassment of a tenant.  Prohibited harassment includes any conduct undertaken with the intent to vex, annoy, injure, or intimidate a tenant, including but not limited to:

  1. Reducing services or amenities, such as utilities, parking, laundry, storage, trash removal, or other benefits. 
  2. Cutting back on maintenance or delaying required repairs. 
  3. Misusing the right to enter the unit, including unnecessary, excessive, targeted, or privacy-invading entries. 
  4. Using abusive or threatening language toward the tenant. 
  5. Misleading a tenant or hiding important facts to get them to move out. 
  6. Threatening the tenant with physical harm. 
  7. Falsely telling the tenant they must move out. 
  8. Taking too long to complete repairs after getting possession of the unit for that purpose. 
  9. Discriminating against tenants in violation of housing laws. 
  10. Threatening eviction or termination without a proper legal basis. 
  11. Interfering with the tenant’s use and enjoyment of the unit. 
  12. Refusing to accept lawful rent payments. 
  13. Disturbing the tenant’s possession or making the unit unfit to live in. 
  14. Using construction or renovation to pressure the tenant to move out. 
  15. Locking the tenant out without a court order. 
  16. Asking about, requiring statements about, or threatening to disclose immigration or citizenship status. 
  17. Violating the tenant’s privacy, including improper cameras or unauthorized personal information requests. 
  18. Retaliating against tenant organizing, tenant associations, unions, or political activity. 
  19. Retaliating against a tenant for contacting or seeking help from a government or social services agency.

Sec. 27-42

Can I Sue My Landlord for Harassment Under the City Of Oxnard Tenant Anti-Harassment Protections?

A landlord who violates the anti-harassment provisions is liable for the tenant’s actual damages or statutory damages of $10,000, whichever is greater, plus punitive damages, injunctive relief, and reasonable attorney fees and costs.  If the aggrieved tenant is elderly or disabled, the landlord is liable for additional statutory damages of $5,000 for each violation.

Sec. 27-43

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