Imperial Beach Tenant Protection Ordinance (TPO) Guidance

On February 19, 2025, the Imperial Beach City Council adopted Imperial Beach Municipal Code (“IBMC”) section Chapter 9.90 to strengthen the statewide protections already in place and provide greater tenant protections in certain instances of No Fault termination of tenancy, primarily as it relates to Substantial Remodel.  The ordinance goes into effect on March 22, 2025. The ordinance will require specified forms and notifications for residential rental properties in the City Imperial Beach for both existing and new tenancies. 

High Level Overview

• Applicable to tenancies of 12 months or more.
• Additional requirements for owners/managers of 15+ Unit properties when terminating tenancy for substantial remodel.
• Strict definition for substantial remodel beyond state law.
• 2 months in relocation assistance for No-Fault Cause termination (3 months for Elderly/Disabled); mix of contract rent and HUD Small Market Fair Rent when terminating tenancy for substantial remodel or demolition in a Residential Rental Complex.
• When an Owner applies for a City of Imperial Beach business license to operate, the Owner will be required to acknowledge that they have read and will abide by the municipal code chapter if applicable to the Residential Rental Unit.
• Must provide Notice of Right to Receive Future Offer when terminating tenancy.
• Enforcement includes city penalties, fines and possible criminal charges.
• At Fault terminations include, but are not limited to, non-payment of rent, lease violations, criminal activity.
• No Fault terminations include owner move-in, withdrawal from rental market, a habitability order from a government agency, and intent to demolish or substantially remodel.
• Specific notification language must be provided to all residents and disclosures are required for exempt properties and for owner move-in. Please make sure to use the relevant SCRHA forms.
• For a Tenancy in a Residential Rental Unit subject to this chapter commenced or renewed on or after on or after March 22, 2025, the Owner must provide a copy of this chapter to the Tenant upon entering into the lease.
• Copies of Termination of Tenancy notices must be provided to the City for both At-Fault and No-Fault Cause. https://www.imperialbeachca.gov/1739/Mandatory-Eviction-Notice-Filing-Page
• Click here to read the full City Ordinance. 
• Click here to visit the City’s “Tenant Assistance” webpage. 

Imperial Beach TPO Forms

SCRHA will have the necessary forms to comply with the new Imperial Beach ordinance available very soon and will notify members when they are available.  

Mandatory Notification of City Law

For a Tenancy in a Residential Rental Unit subject to this chapter existing before the effective date of this chapter, the notice required above shall be provided in writing to the Tenant directly or as an addendum to the lease or rental agreement no later than March 22, 2025.

• Imperial Beach TPO Mandatory Notification Addendum - #295
• Imperial Beach TPO Mandatory Notification Letter
  • You may send the letter via first class mail or post to your resident’s door. For existing residents, SCRHA recommends the letter since it does not require a signature.  SCRHA has also created an addendum – Imperial Beach TPO Mandatory Notification Addendum, that you may get signed by residents if time permits.

For a Tenancy in a Residential Rental Unit subject to this chapter commenced or renewed on or after March 22, 2025, the notice required above shall be included as an addendum to the lease or rental agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.

• Effective March 22, notification must be included in Rental Agreement or via signed addendum. Note that SCRHA has a Rental Agreement specific for Imperial Beach Properties.
• Imperial Beach TPO Mandatory Notification Addendum - #295

Exemption Notification

Single-Family Homes and Condos not owned by a REIT, Corporation, or an LCC in which a member is a corporation are exempt with proper notification. (Note: see below for other exemptions in accordance with state law that do not require separate notification)

• Imperial Beach TPO Exemption Notification Addendum - #294
• Imperial Beach TPO Exemption Letter
• Use these forms for tenancies existing prior to March 22, 2025.
• Tenancies created on or after March 22 can use the Imperial Beach Rental Agreement (#200IB) or Exemption Notification Addendum (#294).

Owner/Family Member Move-In Notification

In accordance with State Law, Intent to Occupy (owner/family member move in) shall only be a No-Fault Just Cause basis for termination if the Tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of Section 9.90.050(B)(5).

Most owners and managers have already accomplished this via the existing SCRHA Rental Agreement or Form #202 - Owner Occupancy Addendum.

• For tenancies created on or after March 22, 2025, the notification is already in the Imperial Beach Rental Agreement. The Owner Occupancy Addendum referenced above may also be used.

Termination of Tenancy

Tenancies NOT in a Residential Rental Complex (14 or fewer units) will adhere to existing state law when terminating tenancy and can use Form 421.

For properties in a Residential Rental Complex (15 units or more) a specific notification will be required to comply with the ordinance. We will notify members when that is available.

• Imperial Beach Termination of Tenancy - Residential Rental Complex (15+ Units)

Terminating Tenancy

Much of the local ordinance mirrors state law, however, there are stricter rules for Termination of Tenancy for Substantial Remodel at properties of 15 or more units, and a requirement to provide copies of termination notices to the City for both At-Fault and No-Fault Cause regardless of property size.

• Notice to Tenant Required must include the applicable cause and a description of the basis for the termination.
• The Termination Notice must include a Notice of Right to Relocation Assistance/Rent Waiver.

The Termination must include a Notice of Right to Receive Future Offer in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes. The Tenant must notify the Owner of their intent to accept an offer to rent or lease the Residential Rental Unit.

Notice to City for ALL Termination of Tenancy (excluding exempt properties)

Notice to City is required no later than three business (3) days after the date the Owner provides the required notice to the Tenant. Information on the process will be posted once the city finalizes the admin regulations. 

• Copies of termination notices can be submitted via the City's Webpage or sent to housing@imperialbeachca.gov. Notices shall include the complex name and address, owner information, complex details/information (unit number, vacancies, number of  tenants served a termination notice), and should include current contracted rent for each unit issued a termination of tenancy and additional as needed  information. You will be contacted with any updated submittal forms/requirements.

Exemptions

A. Single-family Owner-occupied residences, including a mobilehome, in which the Owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

B. A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.

C. A Residential Rental Unit that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

1. The Owner is not any of the following:

a. A real estate investment trust, as defined in section 856 of the Internal Revenue Code.

b. A corporation.

c. A limited liability company in which at least one member is a corporation.

d. Management of a mobilehome park, as defined in Section 798.2 of the California Civil Code.

2. The Tenants have been provided written notice that the Residential Rental Unit is exempt from this section using the following statement:

“This property is not subject to the rent limits imposed by section 1947.12 of the California Civil code and is not subject to Just Cause requirements of section 1946.2 of the California Civil Code and Chapter 9.90 of the Imperial Beach Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the California Civil Code and Section 9.90.040(C) of the Imperial Beach Municipal Code, and the Owner is not any of the following: (1) a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”

For a Tenancy existing before March 22, 2025, the notice required above may, but is not required to, be provided in the rental agreement. For a Tenancy commenced or renewed on or after March 22, 2025, the notice required above shall be provided in the rental agreement. Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of Section 9.90.050(B)(5).

D. A homeowner in a mobilehome, as defined in California Civil Code Section 798.9 or a tenancy as defined in California Civil Code Section 798.12 which is subject to the protections of Mobilehome Residency Law.

E. Transient and tourist hotel occupancy as defined in California Civil Code Section 1940(b).

F. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period for 30 consecutive calendar days or less, counting portions of calendar days as full days, including Short-Term Rental occupancies as defined in Imperial Beach Municipal Code Chapter 19.04.

G. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in California Health and Safety Code Section 1569.2, or an adult residential facility as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the California Department of Social Services.

H. Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive.

I. Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit.

J. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income as defined in California Health and Safety Code Section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, low, or moderate income as defined in California Health and Safety Code Section 50093 or comparable federal statutes. This exclusion shall not apply to a Tenant with a Section 8 Housing Choice Voucher and such Tenancies shall be governed by this chapter.

K. Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.

Key Definitions

"Disabled" means an individual with a disability, as defined in California Government Code section 12955.3.

"Elderly" means an individual sixty-two (62) years old or older.

“Family Member” means the sibling, spouse, domestic partner, children, grandchildren, parents or grandparents of the residential unit Owner.

“Intended Occupant” means the Owner of the Residential Rental Unit or the Owner’s spouse, domestic partner, child, grandchild, parent, or grandparent.

“Occupant Owner” means any of the following:

1. An owner who is a natural person that has at least a 25 percent recorded ownership interest in the property.

2. An owner who is a natural person who has any recorded ownership interest in the property if 100 percent of the recorded ownership interest is divided among owners who are related to each other as Family Members.

3. An owner who is a natural person whose recorded interest in the property is owned through a limited liability company or partnership.

For purposes of the “Occupant Owner” definition, a “natural person” includes any of the following: (a) a natural person who is a settlor or beneficiary of a family trust; or (b) if the property is owned by a limited liability company or partnership, a natural person with a 25 percent ownership interest in the property. A “family trust” means a revocable living trust or irrevocable trust in which the settlers and beneficiaries of the trust are persons who are related to each other as Family Members. A “beneficial owner” means a natural person or family trust for whom, directly or indirectly and through any contractual arrangement, understanding, relationship, or otherwise, and any of the following applies: (a) the natural person exercises substantial control over a partnership or limited liability company; (b) the natural person owns 25 percent or more of the equity interest of a partnership or limited liability company; (c) the natural person receives substantial economic benefits from the assets of a partnership.

“Owner” (including the term “Landlord”) means any Person, acting as principal or through an agent, having the right to offer a Residential Rental Unit for rent. As the context may require, “Owner” shall also include a predecessor in interest to the Owner.

“Residential Rental Complex” means one or more buildings, located on a single lot or contiguous lots, containing fifteen or more Residential Rental Units rented or owned by the same Owner.

“Substantial Remodel” means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the Tenant to vacate the residential real property for at least 30 consecutive days:

1. The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.

2. The abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws.

A Tenant is not required to vacate the Residential Rental Unit on any days where a Tenant could continue living in the Residential Rental Unit without violating health, safety, and habitability codes and laws.

Cosmetic improvements alone, including, but not limited to, painting, decorating, flooring replacement, cabinet replacement, counter replacement, window replacement, removal of interior wall coverings solely for the installation of insulation, and minor repairs, or other work that can be performed safely without having the Residential Rental Unit vacated, do not constitute a Substantial Remodel.