Eviction Notices
There can be significant penalties for landlords in Los Angeles, Santa Ana, and Costa Mesa who fail to follow the local requirements for filing eviction notices with the city. Here’s a breakdown:
Los Angeles
- Eviction Notice Void: A landlord’s failure to file the required written notice terminating a tenancy with the Los Angeles Housing Department (LAHD) within three business days of serving the tenant renders the notice of termination void.
- Affirmative Defense: A tenant can raise the landlord’s failure to provide a copy of the eviction notice to LAHD as an affirmative defense in an eviction lawsuit. This can hinder the landlord’s ability to evict the tenant successfully.
Santa Ana
- Eviction Notice Void and Rent Increases Invalidated: Similar to Los Angeles, an owner’s failure to strictly comply with the eviction noticing provisions can render a notice of termination void. Additionally, no rent increase may be effective if the owner fails to provide notice as required.
- Administrative Fines: While the search results don’t specify the exact penalty for not filing eviction notices, Santa Ana’s enforcement methods include administrative fines for code violations, which can escalate for subsequent offenses within a year. It’s reasonable to infer that violations related to eviction notice requirements could be subject to these fines.
Costa Mesa
- Eviction Notice Void and Legal Challenges: Failure to meet the city’s requirements for eviction notices can render the notice void and expose landlords to legal challenges.
- Civil Action for Damages: State law (SB567), relevant to Costa Mesa, makes an owner who issues an eviction notice in violation of AB 1482 and/or SB567 liable to the tenant for damages up to three times the actual damages, in addition to punitive damages. While this is connected to violations of state law, it highlights the potential for serious consequences when landlords don’t adhere to the rules governing tenancy termination