Owner Move-In Evictions Under the Glendale Rent Ordinance
Under the Glendale 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 qualified relative must actually intend to move into the rental unit to terminate the tenancy. Their failure to comply with the Glendale Rent Ordinance following an owner move-in or relative move-in eviction may result in a wrongful eviction claim.
Owner Move-In & Relative Move-In Defined Under the Glendale Rent Ordinance
An owner move-in eviction occurs where the landlord seeks to recover possession of the rental unit for themselves or their qualified relative, and will use and occupy the rental unit. Glendale Municipal Code § 9.30.030(H). To perform an owner move-in or relative move-in eviction, the landlord must be a natural person. Id. The landlord may only designate themselves or a qualified relative for only one owner move-in or relative move-in eviction per person for all of their properties in the City of Glendale. Id.
What Relatives Are Permitted to Effectuate A Relative Move-In Eviction?
Under the Glendale Rent Ordinance, the owner’s spouse, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents are permitted to move into a unit under a relative move-in eviction. Glendale Municipal Code § 9.30.030(H). A relative move-in eviction may only be performed where the owner of the property is a natural person. Id.
Following an Owner Move-In or Relative Move-In Eviction, How Long Must an Owner or Qualified Relative Reside in a Unit?
The Glendale Rent Ordinance does not specify a length of time that an owner or qualified relative must reside in a rental unit follow an owner move-in or relative move-in eviction.
Resident Manager Move-In Evictions Under the Glendale Rent Ordinance
In addition to being able to perform owner move-in and relative move-in evictions, Glendale landlords are permitted to evict a tenant so that a resident manager can move into their unit. Glendale Municipal Code § 9.30.030(H). A resident manager move-in eviction is allowed only where no vacant units are available for occupancy. Id. Where a resident manager already resides at the property, a landlord will not be able to perform a resident manager move-in eviction on any other unit. Instead, the landlord may only evict the existing resident manager to replace them with a new one. Id.
Relocation Assistance for Owner Move-In, Relative Move-In & Resident Manager Move-In Evictions
Yes, Glendale tenants evicted through no fault of their own are entitled to relocation assistance. Glendale Municipal Code § 9.30.035(A). Under the Glendale Rent Ordinance, no-fault evictions include owner move-in evictions, relative move-in evictions, and resident manager move-in evictions. Glendale Municipal Code §§ 9.30.030.
- Properties with two or fewer units;
- Accessory dwelling units;
- Single-family homes;
- Condominiums & townhomes;
- Prior to entering into the tenancy, the landlord provided the tenant with written notice that the unit was in the process of being converted to condominiums, demolished, and that the tenancy would be terminated;
- Resident managers being evicted so that a new resident manager may move into the unit;
- Government agency’s order to vacate due to hazardous conditions caused by a natural disaster or act of God; and,
- The tenant already receives relocation assistance from a government agency due to the eviction. Glendale Municipal Code§ 9.30.035(E).
Glendale Rent Ordinance Relocation Assistance for Owner Move-In, Relative Move-In & Resident Manager Move-In Evictions
For owner move-in, relative move-in, and resident manager move-in evictions, Glendale tenants are entitled to a relocation payment of two times the fair market rent as established by HUD for a comparable unit in Los Angeles County, plus an additional $1,000. Glendale Municipal Code § 9.30.035(A).
|Current Fair Market Rents (FY 2020)
How Must Glendale Landlords Distribute Relocation Payments?
Glendale landlords must distribute relocation payments to each tenant in a unit in a pro-rata share. Glendale Municipal Code § 9.30.035(C).
When Must Glendale Landlords Pay Relocation Payments?
For relocation assistance paid as a result of a owner move-in, relative move-in, or resident manager move-in eviction, half of the assistance must be given to the tenant within five business days after the service of the termination of tenancy notice, and half within five business days after the tenant vacates the rental unit. Glendale Municipal Code § 9.30.035(D)(1).
My Former Landlord May Have Violated the Glendale Rent Ordinance, Do I have a Claim?
Yes, you may have a claim for wrongful eviction, which could entitle you to money damages. Glendale landlords often trick tenants into moving out without ever completing asserted owner or relative move-in eviction. This is unlawful and constitutes a wrongful eviction. Read more here or contact Astanehe Law to discuss the Glendale Rent Ordinance, owner move-in wrongful evictions, or California Rent Control (AB 1482) with an experienced tenant attorney.
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