Court Strikes Down Pasadena’s Extra Eviction Notice Requirement Before 3-Day Notices for Nonpayment of Rent

In California Apartment Association v. City of Pasadena, decided December 18, 2025, the California Court of Appeal upheld most of Pasadena’s voter-approved Measure H rent control and just-cause framework—but invalidated two provisions as preempted by state law, including a provision that imposed additional notice requirements before serving a 3-Day Notice to Pay Rent or Quit.

Measure H Generally Upheld

• Measure H was a permissible charter amendment, not an impermissible charter revision, despite creating an independent rental housing board with significant authority.

• The composition of the rental board—including reserving a supermajority of seats for tenants—did not violate constitutional prohibitions on property qualifications or equal protection principles.

State Law Preemption: Two Provisions Invalidated

1. Relocation Assistance for Lawful Rent Increases

The court concluded that Measure H’s requirement that landlords pay relocation assistance when tenants vacate due to lawful rent increases is preempted by the Costa-Hawkins Rental Housing Act. While framed as tenant protection rather than rent control, the requirement effectively penalized landlords for exercising state-protected rights to set market rents on exempt units.

2. Extra Notice and Cure Requirement Before Eviction (Struck Down)

Of particular importance to landlords, the court invalidated Measure H’s requirement that a landlord serve a written notice to cease and allow a reasonable period to cure, before serving a 3-Day Notice to Pay Rent or Quit.

The court held that this requirement conflicts with California Code of Civil Procedure section 1161, which establishes a comprehensive statutory framework for evictions. By imposing an additional procedural hurdle before a 3-Day Notice to Pay Rent or Quit could be served, Measure H improperly altered the Legislature’s carefully balanced unlawful detainer scheme and was therefore preempted by state law.

Importantly, the court’s holding is limited to nonpayment-of-rent notices. The decision does not address, and does not invalidate, local notice or cure requirements that may apply to other types of lease violations, such as notices to perform covenants or quit or notices to cease unauthorized conduct.

For further information, please contact us at (949) 748-3600.

The law firm of Wallace, Richardson, Sontag & Le, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.