Edhat Staff
The City of Santa Barbara initiated legal action against a property manager at 215 Bath Street this past Wednesday, alleging non-compliance with the just cause eviction ordinance. An arraignment is scheduled for June 12.
The charges have been filed against James Knapp, a partial owner and property manager at the apartment building. According to the complaint, three misdemeanor counts have been filed against him involving terminating tenancy without just cause, failure to abide by the city’s just cause ordinance, and neglecting to serve appropriate permits.
The legal action follows the serving of just cause eviction notices to 11 tenants at the 52-unit complex between between January and April of this year. When one notice lapsed without the tenant vacating, the property manager proceeded to file an unlawful detainer complaint.
In response, the Legal Aid Foundation challenged the eviction, claiming non-compliance with the city ordinance.
The California Tenant Protection Act of 2019 provides greater protections for tenants including several key provisions aimed at addressing issues related to tenancy and rent increases. One major aspect of the act is its provision on terminating tenancy without just cause. The law prohibits landlords from terminating a tenancy without a valid reason after a tenant has continuously and lawfully occupied the property for 12 months. The reasons considered valid include non-payment of rent, breach of the lease agreement, maintaining a nuisance, committing waste, or refusing to renew a lease.
Knapp’s attorney, Robert Forouzandeh, made a statement to KEYT explaining in his 17-year career, he has never seen a landlord criminally prosecuted for serving an eviction notice and went on to state his office consulted with the City Attorney’s Office before issuing the notice.
