What Information Do You Have for Rent Review With the City of Emeryville
The Emeryville Rent Ordinance, officially called the Emeryville Residential Landlord & Tenant Relations Ordinance, has two main components, eviction command, and an anti-harassment provision. Codification at Emeryville Municipal Code Chapter 40, the Emeryville Rent Ordinance's eviction controls require a landlord to have just cause to adios a tenant in a rental unit covered by the ordinance. The Emeryville Rent Ordinance's anti-harassment provisions protect Emeryville tenants from landlord harassment. Emeryville tenants whose Emeryville Rent Ordinance rights were violated accept actionable claims against their landlords and property managers.
Although the Emeryville Hire Ordinance lacks hire control, Emeryville tenants may be protected by California Rent Control. Click here to larn about the tenant rights provided by California Rent Control (AB 1482).
To learn more than about the Emeryville Rent Ordinance, continue reading or Contact Astanehe Law to talk over your rights and options with a tenant attorney.
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The Emeryville Rent Ordinance'southward Eviction Protections
The Emeryville Rent Ordinance'due south eviction protections keep Emeryville tenants housed by limiting evictions to instances where the landlord has an enumerated just cause reason to terminate a tenancy. Emeryville landlords shall not terminate a tenancy unless they fulfill their Emeryville Rent Ordinance obligations. When terminating a tenancy, the landlord must inform the tenant, in writing, which just crusade reason for eviction they are asserting, and file a re-create of the find with the Emeryville Metropolis Clerk. A termination of tenancy that does not comply with the Emeryville Hire Ordinance's just cause for eviction protections is unlawful and void.
What are the Only Cause Reasons for Eviction Under the Emeryville Hire Ordinance?
The Emeryville Rent Ordinance lists fourteen reasons a landlord tin stop a tenancy. The only crusade reasons for eviction are:
one. Tenant'south unlawful non-payment of rent;
2. Tenant's alienation of a material contract term;
3. Tenant'due south use of the rental property for an illegal purpose;
4. Tenant's failure to abate or repair dangerous and unsanitary conditions, which the tenant created;
5. Tenant's failure to provide lawful access to the unit, later receiving landlord's written notice of entry;
half-dozen. Tenant's refusal to execute a written extension of an existing rental agreement that is substantially and materially similar to the prior rental agreement;
7. Tenant violating occupancy restrictions imposed by law;
8. Landlord returning from sabbatical to occupy unit;
nine. Landlord returning from United States Armed Forces deployment;
10. Landlord lawfully converting the unit into a condominium;
11. Landlord volition demolish the rental unit or perform an Ellis Human action eviction;
12. Owner motility-in or relative move-in eviction;
13. Temporary eviction for substantial repairs necessary to make the unit fit for homo habitation; and,
14. Temporary eviction for substantial renovation. Emeryville Municipal Code § five-40.03.
What Obligations Must A Landlord Satisfy to Terminate an Emeryville Tenancy?
Under the Emeryville Rent Ordinance, a landlord may not terminate a tenancy unless:
i. The landlord has a valid residential landlord concern license;
two. The landlord has provided the tenant with a notice of tenant rights;
three. The landlord served a written discover of termination of tenancy in a form required past the City of Emeryville, and delivered a copy of the notice to the Emeryville Urban center Clerk within ten days of service on the tenant; and,
four. The landlord has non, and will not, accept hire or any other consideration in return for the continued use of the unit beyond the term of the terminated tenancy; and,
Asserts a valid just cause reason to terminate the tenancy. Emeryville Municipal Code § 5-twoscore.03.
What Rental Units Are Covered Under the Emeryville Rent Ordinance?
All rental units within the City of Emeryville are protected by the Emeryville Rent Ordinance, except:
1. Units in hotels, motels, lodging houses, and group residential rentals, where the tenant does not reside in a unit for more thirty consecutive days;
ii. Single owner-occupied residences, where the owner rents 2 or fewer bedrooms to i or more lodgers;
3. Units in nonprofit cooperatives, endemic, occupied, and controlled by a majority of the residents;
four. Units with rent-controlled, regulated, or restricted by the authorities where such regulation preempts local regulation of landlord and tenant relations;
5. Nonprofit hospital, convent, monastery, extended care facility, asylum, elderly care housing accommodations; and,
half dozen. Units endemic by the government. Emeryville Municipal Code § five-40.02(a).
The Emeryville Hire Ordinance covers unmarried-family homes and condominiums.
What Documents Must A Landlord Provide to Terminate an Emeryville Tenancy?
Under the Emeryville Hire Ordinance, landlords must serve the following documents on Emeryville tenants:
i. Written termination of tenancy find asserting a valid just crusade reaction for termination;
two. Notice of Tenants Rights;
3. California Civil Lawmaking § 1946 Discover; and,
4. List of rents charged throughout the tenancy.
Emeryville landlords must deliver a re-create of the termination of tenancy notice to the Emeryville City Clerk within ten days of serving the notice on the tenant. Emeryville Municipal Code § 5-twoscore.08(b).
What Documents Must Emeryville Landlords Provide to Tenants?
The Emeryville Rent Ordinance requires landlords to serve a Notice of Tenant Rights to each tenant in a covered unit of measurement when entering into a lease agreement, renewing a lease understanding, when the City of Emeryville amends the Emeryville Rent Ordinance, and when serving a detect of termination of tenancy on a tenant. Emeryville Municipal Code § 5-40.07.
The content of the Notice of Tenant Rights must be in essentially similar grade as follows:
The Metropolis of Emeryville regulates the human relationship between nigh landlords and tenants within the City. Generally, landlords may not end your tenancy without crusade or explanation, and may non reduce or end providing services agreed to in the rental contract, so long every bit you pay rent on fourth dimension as agreed in the rental contract.
In addition to Land and Federal Laws, the Residential Landlord and Tenant Relations chapter of the Emeryville Municipal Lawmaking creates sure rights for landlords and tenants, which may include the correct to relocation assistance or the right to render to your rental unit if you are evicted. Visit the City of Emeryville website for more data: http://www.emeryville.org
Owner Movement-In & Relative Move-In Evictions Nether the Emeryville Rent Ordinance
Under the Emeryville Hire Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in or relative move-in eviction, which requires the owner or qualified relative to reside in the unit post-obit the termination of tenancy. Despite being a lawful just crusade for eviction, the owner, or their qualified relative, must follow strict rules following the termination of tenancy. Their failure to comply with the Emeryville Rent Ordinance following and owner move-in or relative move-in eviction may result in the tenant possessing a wrongful eviction claim.
Owner Move-In & Relative Move-In Defined Under the Emeryville Hire Ordinance
An owner motility-in eviction occurs where the landlord seeks to recover possession of the rental unit of measurement for themselves or their qualified relative, and will imminently move into and reside in the housing as their permanent residence no less than ten months of whatsoever calendar year. Emeryville Municipal Code § 5-forty.03.
To perform an owner move-in or relative motion-in eviction, the owner who volition reside in the unit, or qualifies a relative to reside in the unit of measurement, must possess an at least 50% ownership interest in the unit. Emeryville Eviction & Harassment Protection Ordinance Regulations, Regulation viii.1. For purposes of qualifying under the Emeryville Hire Ordinance, ownership interest includes owning a bulk of the stock in a corporation that owns the rental unit of measurement, every bit either the sole member or one of two members of an LLC, or possessing no less than l% partnership involvement in a partnership that owns the covered unit of measurement. Id.
What Relatives Are Permitted to Effectuate A Relative Motility-In Eviction?
Under the Emeryville Rent Ordinance, the possessor's parents or children are permitted to move into a unit nether a relative move-in eviction. Emeryville Municipal Code § 5-40.03.
Post-obit an Owner Move-In or Relative Motion-In Eviction, How Long Must an Owner or Qualified Relative Reside in a Unit?
Under the Emeryville Rent Ordinance, an owner or qualified relative must reside in a unit where a tenant vacated due to an owner move-in or relative move-in eviction for no less than ii years from the termination of tenancy. Emeryville Municipal Code § 5-40.03.
What Must the Landlord Do if the Landlord or Qualified Relative No Longer Intend to Move into a Vacant Unit?
If the landlord or qualified relative specified in the owner motility-in/relative movement-in termination of tenancy notice no longer intends to reside in the unit as their principal residence, the landlord must offer the unit of measurement dorsum to the tenant. Emeryville Municipal Code § v-forty.02(i).
Emeryville Rent Ordinance Relocation Payments
Are Emeryville Tenants Entitled to Relocation Payments?
Yeah, Emeryville tenants, regardless of the duration of the tenancy, are entitled to relocation payments for no-fault evictions. Emeryville Municipal Code § 5-twoscore.4. A no-mistake eviction occurs where the tenancy is terminated through no mistake of the tenant. However, relocation payments are not required where the genesis of the no-fault eviction is due to natural disaster or a naturally occurring phenomenon beyond the landlord'southward command. Id.
For purposes of relocation payments, the Emeryville Rent Ordinance divides Emeryville landlords into small-scale and large landlords. Big landlords are defined equally landlords who own more than than four units within the City of Emeryville covered by the Emeryville Hire Ordinance. Emeryville Municipal Lawmaking § 5-40.02(d)(ane). Small Landlords are landlords who ain 4 or fewer units inside the City of Emeryville covered by the Emeryville Rent Ordinance. Emeryville Municipal Code § 5-40.02(d)(2).
Emeryville Rent Ordinance Relocation Payments Made by Large Landlords
For no-fault evictions performed by large landlords, Emeryville tenants are entitled to a relocation payment equal to the great of either:
i. Five times the most current fair marketplace rents, as fix past HUD for the Oakland-Fremont, California HUD Metro FMR Area; or,
2. 4 times the tenant's monthly rent at the time the notice of termination of tenancy is delivered. Emeryville Municipal Code § 5-forty.04.
Emeryville Rent Ordinance Relocation Payments Made by Modest Landlords
For no-mistake evictions performed past modest landlords, Emeryville tenants are entitled to a relocation payment equal to the great of either:
1. One month of the near current off-white market rents every bit set by HUD for the Oakland-Fremont, California HUD Metro FMR Expanse; or,
2. One month of the monthly rent at the time the notice of termination of tenancy is delivered. Emeryville Municipal Code § 5-40.04.
Alternatively, a small-scale landlord may waive the final month of rent instead of providing a relocation payment. Emeryville Eviction & Harassment Protection Ordinance Regulations, Regulation 10.1. The small landlord must notify the tenants that they are waiving the concluding months' rent in lieu of a relocation payment concurrently with delivery of the discover of termination of tenancy. Id.
What are the Applicable Current Off-white Market place Rents set past HUD?
| Efficiency | One-Bedroom | Two-Sleeping accommodation | Three-Bedroom | 4-Bedroom |
| $1,488 | $1,808 | $2,239 | $3,042 | $3,720 |
The relocation payment is divided every bit amid all tenants occupying the unit at the time the landlord serves the discover of termination of tenancy. Id.
Under the Emeryville Rent Ordinance, landlords must pay relocation coin on or earlier the last 24-hour interval of the tenancy. Id.
Emeryville tenants in SRO's or shared living quarters with more one room or unit of measurement sharing a kitchen and/or bathroom offered on a weekly or longer basis are not entitled to relocation payments. Id.
Emeryville Rent Ordinance'southward Right to Return for No-Fault Evictions
For Which Evictions Do Emeryville Tenants Take A Right to Return?
The Emeryville Rent Ordinance defines a right to return as the landlord's obligation to offer a unit dorsum to a temporarily evicted tenant. Emeryville Municipal Code § 5-xl.02(i). Emeryville tenants temporarily evicted due to a temporary eviction for substantial renovation or substantial repairs accept a right to return when the unit becomes ready for re-rental. Id. Additionally, where a landlord evicts a tenant to demolish the unit of measurement, effective an Ellis Act eviction, an owner move-in eviction, or a relative move-in eviction, simply no longer intends to complete their obligations under the Emeryville Rent Ordinance, such as moving into the unit, the tenant has a right to return. Id.
How Practise Emeryville Tenants Qualify for the Right to Return?
To qualify for the correct to return to a rental unit, the tenant must:
1. Provide their landlord a electric current mailing address at which to receive an offering to return to the unit of measurement;
two. Landlord must render the unit of measurement to the rental market place within two years of terminating the tenancy; and,
three. The tenant delivers to the landlord an affirmative written acceptance of the offer to return to the unit of measurement within thirty days of the landlord placing the offer to return in the post. Emeryville Municipal Code § 5-40.02.(i).
Emeryville Tenants Right to Subtenants Under the Emeryville Rent Ordinance
Yeah. The Emeryville Hire Ordinance implies a right to subtenants of up to the total of two persons per sleeping accommodation in the unit, plus i additional person. Emeryville Municipal Code § 5-40.03(e)(vii). To exert the correct to have subtenants, the tenant must:
1. Notify the landlord of the subtenant in writing; and,
ii. Proceeds approval from the landlord. Emeryville Eviction & Harassment Protection Ordinance Regulations, Regulation 7.2.
Emeryville landlords cannot unreasonably withhold approval of new subtenants. Id. This ways that the landlord likely cannot deny a tenant'due south request for subtenants that exercise non violate occupancy limits gear up by law, or will non cause a nuisance or danger at the holding. Emeryville Eviction & Harassment Protection Ordinance Regulations, Regulation 73.
Before exercising this implied right, delight contact a tenant attorney at Astanehe Law to discuss your options.
The Emeryville Rent Ordinance's Anti-Harassment Provisions
The Emeryville Hire Ordinance seeks to formalize and regulate landlord & tenant relations by prohibiting landlord harassment of tenants. Landlords that harass or retaliate against tenants face civil remedies.
What Types of Harassment Are Prohibited Nether the Emeryville Hire Ordinance?
Nether the Emeryville Rent Ordinance, landlords may non, in bad faith, with ulterior motive, or without honest intent, exercise any of the following:
1. Interrupt, fail to provide, or threaten to interrupt or fail to provide any housing services under the rental agreement;
two. Fail to perform repairs or maintenance;
iii. Fail to properly complete repairs and maintenance once started;
4. Abuse or otherwise improperly use landlord's right to admission the holding;
5. Remove a tenant's personal property from the rental unit;
6. Influence or attempt to influence the tenant(s) to vacate the unit by means of fraud, intimidation, or coercion (including merely not limited to threats based on clearing status);
7. Offer payment or any other consideration, in return for the tenant(s) vacating the unit, more oft than one time every 6 (6) months;
8. Threaten the tenant(s) by give-and-take or gesture with physical harm;
ix. Interfere with the tenant(southward) right to quiet use and enjoyment of the rental unit;
x. Decline to accept or acknowledge receipt of lawful rent from the tenant(due south);
11. Turn down to greenbacks a rent check for over xxx (thirty) days;
12. Interfere with the tenant(due south) right to privacy;
13. Request information that violates the tenant(southward) correct to privacy;
fourteen. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the tenant(s) condolement, serenity, peace, or quiet enjoyment, and that cause, are likely to crusade, or are intended to cause the tenant(s) to vacate the unit; or,
fifteen. Retaliate against the tenant(s) for the tenant(southward) exercise of rights under this chapter or State or Federal law. Emeryville Municipal Code § five-40.05.
What Damages May Emeryville Tenants Recover for Landlord Violations of the Emeryville Rent Ordinance?
The Emeryville Rent Ordinance contains a private right of action for landlord violations. Emeryville Municipal Code § 5-forty.06. A landlord who violates the Emeryville Rent Ordinance's eviction protections notice requirements is liable for the tenant's chaser fees in a ceremonious action. Id.
To discuss the Emeryville Hire Ordinance, Emeryville Ellis Deed evictions, Emeryville owner motion-in or relative movement-in evictions, Emeryville wrongful eviction, or California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney.
Terminal updated: March 22, 2020.
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