A. Application.
2. This § 15.09.310 shall only apply after at least one tenant has continuously and lawfully occupied the rental unit for 12 months or more.
3. This § 15.09.310 shall not apply to a rental unit that lacks its own bathroom or kitchen facility and is occupied by a tenant who uses a bathroom or kitchen facility in common with the landlord or a member of the landlord's immediate family.
B. Cause required to terminate tenancy. No landlord may terminate a tenancy unless the landlord can demonstrate all of the following:
1. The landlord served a notice of termination on the tenant in accordance with the procedures set forth in Cal. Code of Civil Procedure § 1162; and
2. The termination qualifies as a for cause termination or no fault termination; and
3. The notice of termination states the reason for termination in reasonable detail and states whether the termination is a for cause termination or a no fault termination; and
4. The landlord has given the notice to the tenant required by this § 15.09.310.B.4, as follows:
(a) The notice must be in writing of no less than 12-point type and include the following: "The Culver City Municipal Code requires that after at least one tenant has continuously and lawfully occupied a rental unit for 12 months or more, the landlord must provide a statement of cause in any notice to terminate a tenancy. See §§ 15.09.300 et seq., of the Culver City Municipal Code for more information."
(b) The notice must be signed by the tenant and with a copy delivered to the tenant or as an addendum to the rental agreement.
(c) For a tenancy existing prior to October 30, 2020, the notice must be given to the tenant no later than November 30, 2020.
5. If the termination is a no fault termination, the landlord has provided the tenant with the notice of relocation assistance required by § 15.09.325.G.
6. The landlord has submitted to the Culver City Housing Division, 9770 Culver Boulevard, Culver City, CA 90232, via certified mail, return receipt requested, within five calendar days after service on the tenant, a true and complete copy of the notice of termination, with proof of such service on the tenant(s) attached. Evidence of proof of service may include receipt of delivery of the notice by the tenant or a sworn statement by the landlord under penalty of perjury under the laws of the State of California that confirms service of the notice of termination on the tenant in accordance with Cal. Code of Civil Procedure § 1162. Landlord shall submit proof of service to the city and shall submit copies of any notice of relocation assistance required by § 15.09.325.G as evidence that landlord has complied with this § 15.09.310.B. If the notice of termination was served on tenant prior to October 30, 2020 and landlord has not yet submitted the documentation required by § 5.B.4 of the interim rent control ordinance, landlord shall submit to the housing division the documentation required by this § 15.09.310.B within five days of October 30, 2020.
C. Void notice of termination. If the landlord fails to satisfy the requirements of § 15.09.310.B or if the landlord accepts rent for the continued use of the rental unit beyond the term of the terminated tenancy, then the notice of termination will be deemed void and of no further force or effect.
D. Challenge to termination of tenancy. A tenant may challenge the validity of a landlord's legal action to terminate a tenancy, including a suit for unlawful detainer, based on a landlord's failure to comply with any or all of the requirements included in § 15.09.310.B, including the landlord's failure to provide the dousing division with a true and accurate copy of the notice of termination with proof of service. The housing division will accept copies of all notices of termination received in accordance with this § 15.09.310 and, upon written request of a tenant who verifies residency in the rental unit that is the subject of the notice of termination, and/or upon the written request of the landlord who submitted the notice of termination, the housing division will endeavor to provide confirmation to the requesting party that such notice of termination was received. Notwithstanding the foregoing, the city assumes no responsibility for errors or omissions in its response, and the city's response or lack thereof shall in no way create a city duty, impose an obligation on the city with respect to the requirements of this § 15.09.310, or otherwise lead to legal or equitable liability on behalf of the city.
(Ord. No. 2020-015 § 2)