A. Failure to Pay Rent [BHMC § 4-5-502 and § 4-6-6 (A)]

B. Violation of a term in the Lease Agreement after a failure to cure [BHMC § 4-5-503 and § 4-6-6 (B)]

C. Maintenance of Nuisances [BHMC § 4-5-504 and § 4-6-6 (C)]

D. Illegal Uses [BHMC § 4-5-505 and § 4-6-6 (D)].
. Illegal use of the Rental includes engaging in illegal activities at the rental unit (e.g. drugs, weapons , violence) and exceeding the allowable number of people allowed per unit. The City of Beverly Hills allows the following number of people to occupy a unit:

1. Three people are allowed in a studio;
2. Four people are allowed in a 1-bedroom under 1200 sq. ft.;
3. Five people are allowed in a 1 bedroom larger than 1200 sq. ft. and a 2-bedroom unit up to 1500 sq. ft.;
4. Six people are allowed is a 2 bedroom larger than 1500 sq. ft.;
5. Seven people are allowed in a 3 bedroom that is 2100 sq. ft. or less; and
6. Eight people are allowed in a 3 bedroom that is greater than 2100 sq. ft.

E. Refusal to Execute a Lease on like terms [BHMC. § 4-5-506 and § 4-6-6(E)]

F. Refusal to Provide the Landlord with Reasonable Access to the unit [BHMC Sections 4-5-507 and 4-6-6 (F)]

G. Unapproved Subtenants [BHMC § 4-5-508 and § 4-6-6 (G)]

M. Disruptive Tenant [BHMC § 4-5-514 and § 4-6-6 (M)] New But Requires Application with the City for Removal

Have some questions? You can schedule a same day low cost 30 minute telephone consultation with Ms. Marsh, a California attorney with 25+ years experience, and Ms. Marsh will contact you at the time you select. Please note that at least 30 minutes is required for Ms. Marsh to properly review your options pertaining to any landlord tenant matter due to the interplay of local, county, and state laws.

Effective December 21, 2018, the City of Beverly Hills instituted a Disruptive Tenant Eviction Review Process. This process restricts a landlord’s ability to evict a tenant who is causing a nuisance at a property. This process requires the landlord to first serve a written warning on a “disruptive tenant” who has repeatedly or continually disturbed the peaceful and quiet enjoyment of one or more other tenants who occupy adjacent rental units, or has antagonized, intimidated or bullied one or more of the landlord’s other tenants. If after receiving a written warning, the disruptive tenant continues to annoy other tenants, then the Owner must then: (a) fill out an Application with the City Requesting a Hearing for the Committee to rule that the tenant is in fact a “Disruptive Tenant” and to authorize the tenant’s removal; (b) deliver a signed copy of the Application and a notice to the tenant personally, by certified mail, or by post it on the door of the tenant's unit; and (c) thereafter file the Application with the Proof of service of the application on the tenant with the City. If the Beverly Hills Rent Stabilization Board rules in the favor of the landlord, then the landlord will still have to serve another 30 or 60 Day Notice to Quit as determined by the Board.

The application shall be submitted either on a form supplied by the City and must include the name, address and unit number of the alleged Disruptive Tenant and must in as much detail as possible describe the tenant's conduct (includes dates, times and witnesses) and the dates when the landlord orally and in writing requested that the tenant cease the disruptive conduct, along with declarations signed under penalty of perjury from as many witnesses as possible.

The hearing will be scheduled within 10 days of the submission of the application and written notice of the hearing will be sent to both the landlord and the affected tenant by certified mail at least fifteen (15) days before the date of the hearing. If the Beverly Hills Rent Stabilization Board rules in the favor of the landlord, then the landlord will still have to serve another 30 or 60 Day Notice to Quit on the Tenant.

A Just Cause No fault termination of tenancy may occur for any of the following reasons but does require the landlord to pay relocation fees to the tenants as referenced below:

H. Use by Landlords [BHMC § 4-5-509 and § 4-6-6 (H)] – 90 Day Notice and Conditions

I. Change of Building Managers [BHMC § 4-6-6 (I)] (Chapter 6 Only)]

J. Demolition or Condo Conversion [BHMC § 4-5-511 and § 4-6-6 (J)] - 90 Day Notice and Conditions

K. Major Remodeling [BHMC § 4-5-512 and § 4-6-6 (K)] - One Year Notice and Conditions Apply

L. Withdrawal of the residential unit from the rental market [BHMC § 4-5-513 and § 4-6-6 (L)] – 120 Day Notice

5. Beverly Hills Relocation fees, July 1, 2021-June 30, 2022 :

Beverly Hills landlords must either pay their tenant(s) a mandatory relocation fee to remove tenants for a no fault just cause basis (including evicted for reasons E, H, I, J, K, and L above, or at the Landlord’s option relocate the tenant to a comparable rental unit.

On July 1 of each year the amounts of the relocation fees are typically increased by a percentage equal to the percentage increase, if any, of the consumer price index [BHMC § 4-5-605 and § 4-6-9]. In late 2021, the Beverly Hills Rent Stabilization Commission recommended a new formula to calculate relocation fees -- three times the tenant’s current rent plus $1000 for moving expenses (regardless of apartment size); For small mom and pop landlords (those owning less than 4 units), the relocation fee would be reduced by 25%. If these recommendations are adopted by the City Council, then we will see the new fees take effect on July 1, 2022

Below is the table for the required relocation fees to be paid between July 1, 2021 and June 30, 2022, but beware… the City Counsel is considering sweeping changes.

*Add $2,000 to the required relocation fee, if the tenant’s household includes a senior citizen (62+ yrs), a disabled person, or a minor (child under 18).

Relocation to Comparable Unit in Lieu of Relocation Fees. In the city of Beverly Hills, a Beverly Hills landlord may elect to relocate a tenant to a comparable unit in lieu of paying a relocation fee. BHMC § 4-6-9. Comparable means the replacement rental unit is “the same size, price, location, proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, churches, and synagogues, amenities, and location in the city.” This is at the landlord’s option and a tenant cannot unreasonably disagree with the replacement rental unit. If the landlord opts to provide a replacement rental unit instead of paying the required relocation fees, the landlord must also pay the tenants moving costs.

Penalties For Failure to Pay Relocation Fees.

Pursuant to Beverly Hills Municipal Code § 4-6-12, a landlord can be sued for three times the amount of an unlawfully withheld relocation fee from a tenant entitled to relocation fees. In addition, under the Beverly Hills Municipal Code the prevailing party is also entitled to reasonable attorney fees and costs as determined by the court.

6. Beverly Hills Owner Occupancy Requirements For a Covered Rental Unit

First, the landlord must in good faith seek to occupy the rental unit either personally or by a family member (parents, spouse, or children). To move into a tenant occupied unit, the landlord must first provide the city of Beverly Hills with the proposed signed 90 day notice of intent to occupy and if approved, the Landlord may then serve the tenant with the 9- Day Notice to Terminate Tenancy for Owner Occupancy. To be approved by the City of Beverly Hills, the owner will need to prove the following:

1. The landlord is an individual (not an entity) who has the largest ownership interest in the building or in the entity that owns the building.
2. There are no other comparable vacant units (same number of bedrooms) in the building;
3. The unit the landlord wants to move into was the last unit rented in the building;

In the City of Beverly Hills, a landlord may only do an owner move-in into one unit at the property even if there are multiple buildings on the same parcel of land. The landlord or their relative must move into the unit within 30 days of the tenant vacating and must live in the unit for at least one year.

7. Beverly Hills Ellis Act Evictions

An Ellis Act eviction means that the landlord wants to remove an entire property from the rental market, except if there are multiple buildings on the same parcel of land and each building has at least four units, the landlord may choose to withdraw just one or more of the separate buildings. BHMC § 4-6-6.

Before providing the tenants with a notice to vacate due to removal from the market, the landlord must first file certain documents with the City of Beverly Hills, the County of Los Angeles, and the Beverly Hills Rent Stabilization Board. These documents, although they may seem simple to complete, should only be completed and submitted to the City of Beverly Hills after review by and with the assistance of an attorney.

Once a tenant receives their 120 day notice to vacate, the tenant will have thirty days to notify the landlord in writing that they are interested in reoccupying the rental unit if the unit is offered for re-rental in the future. In addition, a rental unit occupied by a tenant who is 62 years or older, or disabled, may provide written notice to the landlord and/or the City of Beverly Hills of their status and right to 12 months notice to vacate. This written notice must be provided to the landlord and the City of Beverly Hills within 60 Days of tenants receipt of the 120 day notice to vacate.

If the unit is later reoffered for rent within 2-5 years of its withdrawal from the rental market, the tenant does have the right to reoccupy the rental unit at the same rent rate the tenant was paying plus any allowable increases In fact, the landlord must provide notice to the City of Beverly Hills and offer the formerly withdrawn rental units back to the tenants who had been removed under the Ellis Act. See BHMC § 4-6-6. If the withdrawn rental units are later offered for rent after 5 years but within 10 years of their withdrawal from the market under the Ellis Act, the landlord must give the tenant who was forced to vacate under the Ellis Act the first right of first refusal to re-rent the unit. If the landlord fails to offer the withdrawn tenant the right of first refusal, the tenant may sue the landlord for punitive damages up to exceed six months of rent plus attorneys fees.

Have some questions? You can schedule a same day low cost 30 minute telephone consultation with Ms. Marsh, a California attorney with 25+ years experience, and Ms. Marsh will contact you at the time you select. Please note that at least 30 minutes is required for Ms. Marsh to properly review your options pertaining to any landlord tenant matter due to the interplay of local, county, and state laws.

• CA Rent Control Statute - AB 1482
  
• LA City & County Evictions May 2022
  
• Evicting a Guest/Roommate
  
• California Eviction Guide.
  

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