May a landlord maintain an unlawful detainer (UD) action when they have not complied with local rent control ordinances?

Frazier v. The Superior Court of Los Angeles County

Facts: A month-to-month tenant occupying a residential property located in a rent control community becomes delinquent on rent and the landlord serves a three-day notice to pay rent or quit. A local rent control ordinance mandates the landlord also submit a copy of the three-day notice to the rent control board to monitor rent increases. The landlord sends a copy of the three-day notice to the board after the period for its delivery expired. The tenant does not pay the delinquent rent nor vacate the premises within three days. The landlord files an unlawful detainer (UD) action to evict the tenant based on the three-day notice.

Claim: The tenant claims the landlord cannot maintain a UD action on the three-day notice since the landlord did not comply with the rent control ordinance calling for a copy of the three-day notice to be sent to the board prior to expiration of the time period for sending it.

Counterclaim: The landlord claims noncompliance with the local rent control ordinance does not bar them from maintaining a UD action based on a three-day notice since compliance with the ordinance is not required for a valid three-day notice.

Holding: A California appeals court holds the landlord may maintain a UD action on a three-day notice to quit without complying with the rent control ordinance since the ordinance is intended to put the rent control board on notice about rent increases in the eviction process. [Frazier v. Superior Court of Los Angeles County (2022) 86 CA5th 1]

Frazier v. The Superior Court of Los Angeles County

Related Reading:

Property Management: Chapter 58: Residential rent control