Under the Baldwin Park Rent 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 following the termination of tenancy. Despite being a lawful just cause for eviction, the owner, or their qualified relative, must follow strict rules following the termination of tenancy. Their failure to comply with the Baldwin Park 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 Defined

An owner move-in eviction occurs where the landlord seeks to recover possession of the unit in good faith for their use and occupancy. Baldwin Park Municipal Code § 129.8(a)(8). A relative move-in eviction occurs where the landlord seeks to recover possession of the unit in good faith for their children, parents, grandparents, brother, sister, father-in-law, mother-in-law, or a child-in-law’s use and occupancy. Id.

To perform an owner move-in or relative move-in eviction, the landlord must be a natural person with an at least 50% ownership interest in the property. Id.

What Must a Baldwin Park Landlord Include on an Owner Move-In or Relative Move-In Eviction Notice?

As stated above, a landlord must serve a written notice terminating the tenancy, that asserts the owner move-in or relative move-in as the just cause reason for the termination of tenancy. For relative move-in evictions, the termination of tenancy notice must include the name, address, and relationship to the landlord of the qualified relative who will occupy the unit. Baldwin Park Municipal Code § 129.8(a)(8).

Although having no legal obligation, many landlords include half of the permanent relocation payment when serving an owner move-in eviction notice.

Following an Owner Move-In or Relative Move-In Eviction, How Long Can the Owner or Qualified Relative Wait Before Actually Moving In?

Following an owner move-in or relative move-in eviction, the owner or qualified relative must intend in good faith to move into the unit within thirty days following the tenant moving out. Baldwin Park Municipal Code § 129.8(a)(8).

Following an Owner Move-In or Relative Move-In Eviction, How Long Must the Owner or Qualified Relative Reside in the Unit?

Following an owner move-in or relative move-in eviction, the owner or qualified relative must intend in good faith to reside in the unit for at least one year. Baldwin Park Municipal Code § 129.8(a)(8).

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 on the owner move-in/relative move-in termination of tenancy notice fail to occupy the vacant unit within thirty days after the tenant vacates, the landlord must:
1. Offer the unit back to the tenant who vacated it; and,
2. Pay to the tenant all moving expenses moving to and from the unit. Baldwin Park Municipal Code § 129.8(a)(8).

What Relocation Payments & Moving Expenses are Baldwin Park Tenants Owed for Owner Move-In or Relative Move-In Evictions?

Relocation Payments & Moving Expenses for Low-Income Tenants

For Baldwin Park tenants in good standing and living in households at or below 140% of the median income, by household size, are entitled to a relocation payment equal to one and a quarter months fair market rent as established by HUD for a comparable unit. Baldwin Park Municipal Code § 129.11. Additionally, landlords shall pay a moving expense of $653 for adult households, or $1,967.50 for households with dependents, disabled, or senior occupants. Id. These amounts are adjusted annually. Id.

Enhanced Relocation Payments & Moving Expenses for Long Term Low-Income Tenants

Under the Baldwin Park Rent Ordinance, low-income tenants who have continuously resided at the property for at least ten years are entitled to enhanced relocation payments and moving expenses. Baldwin Park Municipal Code § 129.11. For each year after the 10th anniversary, the amount of the base relocation payment, as specified above, shall be increased by 10%. Id. This enhancement maxes out at 200% of the base relocation payment on the 20th anniversary of the tenancy. Id.

My Former Landlord May Have Violated the Baldwin Park Rent Ordinance, Do I have a Claim?

Yes, you may have a claim for wrongful eviction, which could entitle you to money damages.  Read more here or contact Astanehe Law to discuss the Baldwin Park Rent Ordinance, Baldwin Park Rent Control, owner move-in wrongful evictions, or California Rent Control.