“This article contains information regarding the requirements that Long Beach landlords must satisfy before initiating an Unlawful Detainer lawsuit. This includes establishing just cause for eviction, obtaining required municipal permits, providing relocation assistance, sending statutory notices and selecting appropriate service methods.”
Local administration places limits on property owners, therefore comprehending the rules is crucial to eviction court hearings. Landlords must follow Long Beach landlord tenant law to file a suit in Los Angeles County Superior Court. A request shall be dismissed if it fails to meet the Long Beach Municipal Code Chapter 8.99 Just Cause for Termination of Tenancies Ordinance and California Tenant Protection Act (AB1482/SB567) requirements. Here are some things to do before court.
Step 1: Establish Valid Just Cause Groundwork
Under LBMC Chapter 8.99, if a tenant has continuously and lawfully occupied the residence for 12 months (or 24 months if there are two or more adult tenants), then the owners can no longer evict the individual(s) without a just or legal reason. Before proceeding to court, the owners should sort their case under either of the following categories:
At-Fault Just Cause
The tenant has violated their legal or contractual obligations. Common grounds include:
- Nonpayment of rent
- Material breach of lease terms (e.g., unauthorized pets, subletting, unapproved occupants)
- Nuisance or substantial damage to the property
- Illegal or criminal activity conducted on the premises
- Refusal to allow reasonable landlord access for necessary repairs
No Fault Just Cause
The tenant has committed no wrongdoing, but the landlord needs the unit returned. Grounds include:
- Owner or direct relative move in.
- Permanent withdrawal of the property from the rental market under the Ellis Act.
- Substantial rehabilitation or remodel that cannot be safely performed with occupants present.
- Compliance with an official government order to vacate.
Before proceeding, collect all documentary evidence: rent ledgers, written warnings, repair requests, photos, or police reports.
Step 2: Fulfill Local Prerequisite & Relocation Requirements
If the grounds for eviction involve a curable issue or a no fault situation, specific preliminary conditions must be satisfied prior to serving a final termination notice.
Issue a Notice to Cure for Remediable Breaches
For curable lease violations, such as an unauthorized pet or illegal parking, state and local laws require providing tenants with a Notice to Perform Covenant or Quit. This notice should be delivered to make a tenant aware that he/she has to cure the violation within a specified period. However, an unconditional notice to quit may be given if the tenant fails to comply.
Secure City Permits for Substantial Remodeling
If terminating a tenancy for a no fault substantial remodel under LBMC Chapter 8.99, all building, electrical, or plumbing permits must be applied for and secured from the City of Long Beach before handing the notice to the tenant. Serving a notice before receiving necessary city permits invalidates the notice automatically. Additionally, property owners must file a copy of the termination notice with the City of Long Beach Community Development Department.
Calculate and Prepare Relocation Assistance
For no fault terminations, Long Beach municipal law establishes strict financial obligations:
- Standard No Fault (e.g., Owner Move In): Relocation assistance equals one month of the tenant’s rent, delivered via direct payment or written rental waiver within 15 calendar days of notice service.
- Substantial Remodel: Long Beach requires higher relocation payments of either $4,500 or two months’ rent, whichever is greater. A notice of termination that does not allow a tenant to receive relocation assistance within 15 calendar days is invalid under local law
Step 3: Draft and Serve Mandatory Written Notices
When drafting the termination notice, precise language is critical. Standard form notices must incorporate mandatory statutory disclosures referencing LBMC Chapter 8.99 and AB 1482 rights.
Depending on the circumstances, landlords must select and draft the appropriate notice option:
- 3-Day Notice to Pay or Quit: This notice is used when a tenant fails to pay rent. It must specify the amount of rent due and give three business days to pay, excluding weekends and holidays. The amount specified should be the base rent only and should not include any penalties or charges for late payment or utilities
- 3-Day Notice to Perform or Quit: This notice shall be used if it turns out that the lessee has committed a curable violation of the lease. This notice should contain information about the specific clause of the lease agreement which was violated by the lessee and the action which the lessor expects from the lessee within three calendar days after the notice was delivered.
- 3-Day Notice to Quit: This notice is applicable for severe lease violations that are not susceptible to remedy, persistent nuisances, or unlawful acts. It allows the lessee three calendar days to vacate the rental unit and it shall include the details regarding the violation along with the time and the date and all the other applicable information
- 60-Day Notice to Vacate: This notice shall serve to terminate the lease for no fault or just cause of the tenant (or for thirty days if the lease term is less than one year). The notice shall indicate the statutory grounds for termination and the details of the relocation payment, if any, due from the landlord to the tenant
Valid Service Methods (California Code of Civil Procedure § 1162)
Serving a notice incorrectly is one of the most common reasons evictions fail in court. Landlords must use one of three legally authorized methods:
Personal Service: Direct hand delivery to the tenant
Substituted Service: Leaving a copy with a competent adult household member or manager at the unit, followed immediately by mailing a second copy via first-class mail
Post and Mail (Nail and Mail): Attaching a copy in a conspicuous spot on the property door (after reasonable attempts at personal service) and simultaneously mailing a second copy via first class mail
Step 4: Audit the Statutory Period Prior to Court Filing
Once service is complete, the landlord must wait out the notice duration before taking further legal steps.
- Calculate Expiration Accurately: Day 1 begins the day after service. For 3 day notices, do not count weekends or state/judicial holidays.
- Handle Money Carefully: Accepting partial rent payments during notice period without a formal agreement that specifically protects the right to evict can waive the notice
- Complete a Final Audit: Review the lease, written Proof of Service form, city permit confirmations and rent ledgers.
Only when the notice period stated by law has expired without payment or move out can the landlord file the Unlawful Detainer Complaint (Form UD 100) in the Governor George Deukmejian Courthouse, Long Beach.
Conclusion
Filing an eviction in Long Beach requires strict compliance with local ordinances and state statutes. By verifying just cause, obtaining necessary permits, accurately serving notices and completing a pre-filing audit, property owners ensure their case stands on solid legal ground.
