Community Development

"Substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days.

A tenant is not required to vacate the residential real property on any days where a tenant could continue living in the property without violating health, safety, and habitability codes and laws. 

Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.

1. When you (the property owner or authorized owner representative) apply for permits, indicate that the construction work will involve displacing a tenant. You will either be prompted to fill out a Notice to the City Regarding Tenant Displacement form, or you may fill it out in advance and bring it with you to your appointment.
   This form may be submitted at your appointment or to tenantlandlordinfo@longbeach.gov. 
2. After obtaining the approved permits, you may draft a Notice to Terminate Tenancy for the tenant(s). The notice should include:
   
   a. A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property.
   
   b. The following statement: “If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”
   
   c. A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished.
   
   d. A copy of the permit or permits required to undertake the substantial remodel or demolition.
   
   e. A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant's interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant's address, telephone number, and email address.

It is in your best interest to provide as much detail as possible in the description of the remodeling work. You are encouraged to provide a project plan or timeline from your contractor. 

If the tenant has been living in the unit for 12 months or more, the property owner must give them a 60-day notice and is required to either waive the last two months’ rent or provide $4,500 of relocation assistance, whichever is greater. Certain properties are exempt from this ordinance, including (but not limited to) those that have been issued a certificate of occupancy within the last 15 years, condominiums, and owner-occupied duplexes. Exemptions are listed in subdivision (f) of the ordinance. 

Though the City does not issue an "approval" or "authorization" to move forward, the City may, at any point, issue a non-binding opinion that the scope of work does not meet the definition of "substantial remodel."

The City does not provide legal assistance and does not mediate in tenant and landlord disputes. Any owner of residential real property who intentionally violates LBMC Chapter 8.99 when issuing an invalid termination notice pursuant to subparagraph 2(D) of subdivision (b), shall be liable in a civil action to the tenant for a civil penalty in an amount of $15,000, and/or reasonable attorney’s fees and costs, each as determined by the court. A tenant may enforce the provisions of subdivision (i) by means of civil action.

Resources available to tenants who believe they are being wrongfully displaced can be found at longbeach.gov/lbtenants. These resources include organizations that provide free eviction defense services to lower-income renters as well as mediation services.