Isabella Carter
In Mountain View, California, a breach of a rental agreement can result from various factors, including failure to pay rent, lease violations, nuisance, criminal activity, or failure to provide access. The Costa-Hawkins Rental Housing Act and the CSFRA (local rent stabilization) regulate rental agreements and protect tenants' rights. Tenants have the right to receive a written notice to cure any alleged violations before facing termination. Landlords are required to specify the total rent amount and included utilities in the rental agreement, and they must comply with state rental housing laws, local housing codes, health and safety codes, and the lease agreement. Understanding and adhering to these regulations are essential to avoid breaching rental agreements in Mountain View, CA.
| Characteristics | Values |
|---|---|
| Rental agreement must include | Total rent amount and utilities included |
| Rental agreement must exclude | Utility charges paid directly by the tenant to the utility service provider |
| Tenant rights | Cannot be waived by the rental agreement |
| Just Cause evictions | Failure to pay rent, breach of lease, nuisance, criminal activity, failure to give access |
| Just Cause evictions (mobile homes) | Necessary repairs, owner move-in, withdrawal of the mobile home from the rental market, demolition |
| Tenant buyout agreements | Landlord must provide tenant with a mandatory Tenant Buyout Disclosure Form |
| Tenant relocation assistance | Refund of security deposit, unlimited access subscription to a rental agency, relocation advisory services, cash equivalent of three months' rent |
| Rent increase | Once per year by the annual general adjustment (AGA) published by the Mountain View Rental Housing Committee |
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What You'll Learn
Failure to pay rent
In Mountain View, California, a landlord can only evict a tenant if they have a just-cause reason to do so. One of the just causes for eviction is the failure to pay rent.
If a tenant fails to pay rent, the landlord must first serve a Notice to Cease, which provides the tenant with the opportunity to remedy the issue before serving a termination notice. This notice must include the telephone number for the Rental Housing Committee: (650) 903-6125.
If the tenant does not pay the overdue rent after receiving the Notice to Cease, the landlord can then issue a termination notice, which must be in writing and must detail the specific reason for termination. The landlord must also file a copy of the eviction notice with the city within 3 days of serving the tenant.
It is important to note that the rental agreement must state the total rent amount and specify which utilities and housing service fees are included. This ensures that tenants are aware of their payment obligations and can avoid potential disputes regarding what constitutes the rent amount.
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Nuisance or criminal activity
In Mountain View, California, a breach of the rental agreement can occur when a tenant engages in nuisance or criminal activity. Here are some detailed examples of what this might look like in practice:
Nuisance Activity
A nuisance is an ongoing activity or condition that interferes with another person's enjoyment or use of their property. In the context of a rental agreement, nuisance activity by a tenant can lead to a breach of the agreement and potential eviction. Examples of nuisance activity may include:
- Excessive noise, such as loud music or parties that disturb the neighbours or other tenants.
- Unsanitary or unhygienic conditions, such as hoarding or failing to properly dispose of garbage, which can attract pests or create unpleasant odours.
- Obstructing common areas or shared spaces, making them inaccessible or uncomfortable for other tenants.
- Harassing or intimidating behaviour towards neighbours or other tenants, including verbal or physical threats.
Criminal Activity
Criminal activity, especially within the rental property or its immediate surroundings, can also constitute a breach of the rental agreement. Criminal behaviour not only violates the law but also endangers the safety and well-being of other tenants and the community. Examples of criminal activity include:
- Illegal drug use or distribution within the rental property or on the premises.
- Violent behaviour, assault, or domestic violence incidents.
- Theft or burglary, including breaking into other tenants' units or common areas.
- Vandalism or deliberate destruction of property, causing damage beyond normal wear and tear.
- Prostitution or other illegal activities conducted within the rental unit.
In the event of nuisance or criminal activity, the landlord can issue a “Notice to Cease”, which provides the tenant with an opportunity to correct the issue before serving a formal termination notice. This notice must include the telephone number for the Mountain View Rental Housing Committee: (650) 903-6125. If the tenant fails to address the problem, the landlord can then proceed with the appropriate legal steps to terminate the tenancy.
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Failure to give access
In Mountain View, California, tenants are required to give landlords access to their rental units in certain situations. If a tenant fails to provide this access, it can be considered a breach of the rental agreement.
According to the City of Mountain View's website, one of the valid reasons for a landlord to issue a termination notice is the "failure to give access". This means that if a tenant does not allow the landlord to enter the rental property when required, the landlord has the right to start the eviction process by first providing a “Notice to Cease".
The "Notice to Cease" is a written notice that informs the tenant of an alleged violation or problem related to their failure to give access. This notice gives the tenant an opportunity to rectify the situation before receiving a formal termination notice. It is important to note that the notice must include the telephone number for the Rental Housing Committee: (650) 903-6125.
After the initial "Notice to Cease", if the tenant continues to deny the landlord access, the landlord can proceed with the next steps in the eviction process. This includes providing a written termination notice that complies with state law and specifies the reason for termination, which in this case would be the tenant's failure to give access.
It is worth mentioning that tenants have rights protected by the CSFRA (California Rental Housing Committee) and MHRSO, which limit the reasons for eviction to just cause, including failure to pay rent, breach of lease, nuisance, criminal activity, or failure to give access. In the context of Mountain View, CA, failure to give access can be a valid reason for a landlord to initiate termination proceedings, but tenants also have protections and processes in place to ensure their rights are respected.
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Non-compliance with health and safety codes
- Landlords are required to obtain necessary permits and ensure that their rental units comply with health and safety codes. This includes making necessary capital improvements to bring the property into compliance with local code requirements affecting health and safety.
- If a rental unit requires substantial repairs that cannot be completed while the tenant is occupying the unit, landlords must first obtain the necessary permits to ensure the repairs comply with health and safety codes. They must also provide tenants with alternative accommodation or the option to reoccupy the unit after repairs are completed.
- Tenants have the right to assert defences against petitioned rent increases if the landlord has failed to comply with applicable state rental housing laws, local housing codes, health and safety codes, or the lease agreement.
- The City of Mountain View prioritises code enforcement complaints based on their impact on the community. Situations that pose a serious risk to health and safety are given top priority.
- Landlords must maintain their properties in substantial compliance with all state and local health and safety laws and regulations. Failure to do so may result in an inability to raise rents or file petitions for upward adjustment of rent.
- Tenants can report non-compliance with health and safety codes to the Rental Housing Committee, which works to enforce compliance with health and safety regulations.
It is important for both landlords and tenants to be aware of their rights and responsibilities regarding health and safety codes to ensure a safe and compliant rental experience in Mountain View, California.
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Non-compliance with tenant buyout laws
In Mountain View, California, tenants are protected by the City of Mountain View Community Stabilization and Fair Rent Act (CSFRA). The CSFRA establishes a Rental Housing Committee (RHC) to implement and enforce the provisions of the CSFRA.
The CSFRA limits the reasons for which a landlord can issue termination notices (“Just Cause” evictions). These include:
- Failure to pay rent
- Breach of lease
- Nuisance
- Criminal activity
- Failure to give access
In the case of "just cause" evictions, landlords may be required to provide tenant relocation assistance or, where applicable, offer the tenant the first right of return to the terminated tenancy.
Tenant buyout laws in Mountain View, CA, allow landlords to negotiate side deals with tenants to buy them out of rent-controlled apartments. These deals are known as Tenant Buyout Agreements and are a voluntary agreement between a property owner and a tenant(s) to vacate a unit in exchange for money.
- Before entering into negotiations with tenants, landlords are required to provide tenants with a mandatory Tenant Buyout Disclosure Form. This form outlines the tenant's rights under the Rent Control Ordinance.
- A landlord must file a copy of the Disclosure Form, signed and dated by both parties, as well as a notice of the execution of a Tenant Buyout Agreement with the Rent Stabilization Division or the Rental Housing Committee.
- The Tenant Buyout Agreement must include mandatory disclosure language.
- A copy of any tenant buyout deal must be submitted to the city for its records.
- The landlord must provide relocation assistance to eligible residential households. This includes a refund of the tenant's security deposit, excluding any funds required to repair damages caused by the tenant, unlimited access to a rental agency until the tenant finds a new unit or the tenancy is terminated, relocation advisory services, and the cash equivalent of three months' rent.
- If the rental unit is returned to the market within five years, the tenant has the first right to renew the terminated tenancy at the same lawful rental rate at the time the landlord gave notice of termination, plus any allowed general adjustments. The tenant is also eligible for punitive damages if they are not notified, not to exceed six months' rent.
- If the rental unit is returned to the market within 10 years, the former tenant has a first right to renew the terminated tenancy at the market rate.
Non-compliance with these tenant buyout laws can result in tenants asserting their rights and contesting the landlord's actions. Tenants who believe their landlord has violated the CSFRA should contact a tenant rights attorney to discuss their options.
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Frequently asked questions
A breach of a rental agreement in Mountain View, CA, can include failure to pay rent, nuisance, criminal activity, or failure to give the landlord access.
A landlord can issue a termination notice for "Just Cause" evictions, which include the reasons mentioned above. They must also provide a Notice to Cease, which gives tenants the opportunity to rectify any issues before the termination.
Tenants have Just Cause Protection, which means landlords cannot evict tenants without valid reasons. Tenants can also contest a landlord's petition to increase rent by asserting defenses, such as the landlord's failure to provide adequate housing services or comply with state laws and local codes.
