Santa Monica Residential Lease Agreement

Important Information for Santa Monica Landlords

Santa Monica Rental Law Highlights

Santa Monica Rent Control Charter Amendment (SMMC Ch. 4)

• Coverage: Nearly all residential rental units built before July 15, 1979
• Exemptions: Single-family homes (unless 3+ owned by same person/entity), condos (owner-occupied), post-7/15/1979 construction, duplexes (owner-occupied), government-subsidized housing
• Rent Increases: Limited to 75% of CPI annual increase (typically 1-4%)
• Registration Required: All covered units must register annually with Rent Control Board
• Strict Enforcement: Santa Monica Rent Control Board has strong enforcement powers
• Just Cause Eviction: Required for all covered units
• Relocation Assistance: Required for most no-fault evictions

Security Deposits (Cal. Civ. Code § 1950.5)

• Maximum Amount: 2 months’ rent for unfurnished; 3 months’ rent for furnished
• Return Timeline: 21 days after tenant vacates
• Itemized Statement: Required if any deductions are made
• Interest Required: No (unless local ordinance requires)
• Bad Faith Penalty: Up to twice the deposit amount plus attorney’s fees
• Pet Deposits: Count toward the 2 or 3-month maximum

Rent and Fees (Santa Monica Rent Control, Cal. Civ. Code)

• Rent Increases (Controlled): Limited to 75% of CPI (typically 1-4% annually)
• Notice Requirements: 30 days for increases under 10%; 60 days for 10% or more
• Late Fees: Must be reasonable; typically not more than 5-10% of rent
• NSF Fees: Maximum $25 first occurrence; $35 subsequent (Cal. Civ. Code § 1719)
• Costa-Hawkins: Landlord can set initial rent on vacant units; increases limited thereafter

Required Disclosures (Cal. Civ. Code, Santa Monica ordinances)

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord/agent name and address (Cal. Civ. Code § 1962)
• Bedbug notice and history (Cal. Civ. Code § 1954.603, 1954.604)
• Mold information (Cal. Health & Safety Code § 26147)
• Shared utility arrangements (Cal. Civ. Code § 1940.9)
• Rent control status and tenant rights (Santa Monica ordinance)
• Santa Monica Rent Control Board contact information for covered units
• Asbestos (if known)
• Death on property (within 3 years for AIDS-related deaths only)

Just Cause Eviction – SMMC § 4.56.020

• At-Fault Causes: Non-payment, breach of lease, nuisance, illegal activity, refusal of access, etc.
• No-Fault Causes: Owner/relative move-in, substantial rehabilitation, Ellis Act withdrawal, condo conversion, demolition, removal from rental market
• Relocation Payments: Required for most no-fault evictions (amounts vary; typically $8,500-$18,500+ per unit)
• Good Faith Requirement: Owner move-ins must be genuine; strict enforcement
• Notice Requirements: Vary by cause; 60-120 days for no-fault evictions

Eviction and Termination (Cal. Code Civ. Proc., Santa Monica Ordinance)

• 3-Day Notice: For nonpayment of rent (pay or quit)
• 3-Day Notice: For lease violations (cure or quit)
• 30/60/120-Day Notice: For no-fault causes with relocation payments
• Just Cause Required: Cannot evict without enumerated just cause (controlled units)
• Court Process: Unlawful detainer action required
• Rent Board Notification: Must notify Rent Control Board of certain evictions

Landlord Obligations (Cal. Civ. Code § 1941 et seq.)

• Habitability: Must maintain in fit and habitable condition
• Essential Services: Heat, water, hot water, electricity, gas
• Building Codes: Compliance with all applicable codes
• Repairs: Reasonable time to complete (typically 30 days)
• Smoke Detectors: Required in all units
• Carbon Monoxide Detectors: Required in units with fuel-burning appliances or attached garages
• Seismic Safety: Retrofit requirements for certain buildings

Entry Requirements (Cal. Civ. Code § 1954)

• Notice Required: 24 hours’ written notice (except emergency)
• Reasonable Times: Normal business hours (8am-5pm typically)
• Permitted Purposes: Repairs, inspections, showings, emergencies
• Tenant Consent: Can allow entry without notice

Tenant Protections (Cal. Civ. Code, Santa Monica Ordinance)

• Repair and Deduct: Up to one month’s rent for necessary repairs
• Rent Withholding: For uninhabitable conditions
• Retaliation Protection: 180 days after tenant action
• Harassment: Prohibited under California and Santa Monica law
• Rent Control Board: Can petition for rent reductions, dispute resolution

Santa Monica-Specific Requirements

One of Strictest Rent Control Laws in California

• Covers nearly all buildings built before July 15, 1979
• Annual rent increase limited to 75% of CPI (typically 1-4%)
• More restrictive than San Francisco (60% CPI) or Berkeley (65% CPI)
• Annual registration required with Rent Control Board
• Just cause eviction required for covered units
• Substantial relocation assistance for no-fault evictions
• Very strong enforcement by Santa Monica Rent Control Board

75% of CPI Rent Increase Formula

• Calculated as 75% of LA-area CPI change
• Set annually by Rent Control Board
• Typical increases: 1-4% per year
• One of lowest rent increase caps in California
• No banking of unused increases allowed (unlike Oakland)

Annual Registration Requirement

• All rent-controlled units must register annually with Rent Control Board
• Registration fees apply
• Must report rent amounts, tenant info, and any changes
• Failure to register can limit rent increases and evictions
• Significant penalties for non-compliance

Just Cause Eviction Protection

• Cannot evict controlled tenants without enumerated just cause
• No-fault evictions require substantial relocation assistance
• Owner move-in strictly regulated and enforced
• Must notify Rent Control Board of all evictions
• Significant penalties for wrongful evictions

Relocation Assistance – SMMC § 4.56.035

• Required for most no-fault evictions of rent-controlled tenants
• Amounts set by Santa Monica ordinance (typically $8,500-$18,500+ per unit)
• Higher amounts for elderly (62+), disabled, or families with children
• Must be paid before tenant vacates
• Additional amounts for hardship situations
• Among highest relocation payments in California

60-120 Day Notice Requirements

• Controlled units require 60-120 days notice for no-fault evictions
• Much longer than California’s standard 30/60 days
• Provides tenants substantial time to relocate
• Notice must include specific information about relocation payments and tenant rights

Fair Housing Requirements

Best Practices for Santa Monica Landlords

• Determine if unit is rent-controlled and register with Rent Control Board if required
• Register unit annually and pay required fees
• Limit rent increases to 75% of CPI (controlled units)
• Provide all required California and Santa Monica disclosures
• Limit security deposits to legal maximums (2 or 3 months’ rent)
• Return deposits within 21 days with itemization
• Provide 24 hours’ notice before entry
• Never use self-help eviction methods
• Ensure just cause exists before evicting controlled tenants
• Budget for substantial relocation payments if no-fault eviction needed
• Provide 60-120 day notice for no-fault evictions (controlled units)
• Notify Rent Control Board of all evictions
• Document everything in writing
• Stay current on Santa Monica rental ordinances
• Consider legal counsel given extreme complexity of Santa Monica laws

Santa Monica Climate Considerations

• Mediterranean Climate: Mild year-round temperatures
• Temperature Range: 55°F to 75°F typical range
• Coastal Location: Cooler than inland LA areas
• Marine Layer: Common morning fog/clouds (“June gloom”)
• Mild Winters: Rarely freezing
• Earthquake Zone: Seismic safety critical

Resources

• Santa Monica Rent Control Board
• Santa Monica Tenants Rights Hotline
• City of Santa Monica – Housing Division
• Santa Monica Municipal Code – Chapter 4 (Rent Control)
• California Civil Code – Landlord-Tenant Provisions
• Legal Aid Foundation of Los Angeles
• Apartment Association of Greater Los Angeles