The Richmond Rent Ordinance, codified at Chapter 11.100 of the Richmond Municipal Code, has two principal components, eviction control, and rent control.  The Richmond Rent Ordinance’s eviction controls require a landlord to have just cause for eviction when evicting a tenant in a covered unit.  The Richmond Rent Ordinance’s rent control component limits annual rent increases to an amount set by the Richmond Rent Board.  Tenants whose Richmond Rent Ordinance rights were violated have actionable claims against their landlords.

To learn more about the Richmond Rent Ordinance, continue reading or Contact Astanehe Law to discuss your rights and options with a tenant attorney.

 

 

Richmond Rent Control

The Richmond Rent Ordinance’s rent control protections (“Richmond Rent Control”) keep Richmond tenants housed by limiting rent increases to reasonable amounts.  For units protected by Richmond Rent Control, the landlord may not increase the rent in an amount greater than an amount set by the Richmond Rent Board.  Richmond Rent Control defines this amount as the annual general adjustment.

What Units Are Covered Under Richmond Rent Control? 

Only controlled rental units are subject to Richmond Rent Control.  Richmond Municipal Code § 11.100.030(d).  Controlled rental units are all units in the City of Richmond, except:

• Units in hotels, motels, inns, or other units rented primarily to transients for fewer than fourteen days;
• Unit sin hospitals, convents, monasteries, extended medical care facilities, asylums, nonprofit homes for the elderly, or university dorms;
• Units in government agency or authority owned, operated, or managed buildings;
• Units occupied by government-subsidized tenants provided the applicable federal or state law specifically exempts the unit form rent control;
• Lawful accessory dwelling units/cottage units; and,
• Units exempt from rent control due to Costa-Hawkins, which include single-family homes, condominiums, and all buildings constructed after February 1995. Please note that some of these units may be covered under California Rent Control.

Under Richmond Rent Control, How Much Can A Landlord Increase the Rent?

Each year, the Richmond Rent Board announces the permissible annual adjustment.  Richmond Municipal Code § 11.100.070.  The annual general adjustment typically takes effect on September 1^stthat year.  Id.

Effective September 1, 2019, the annual general adjustment for Richmond rent controlled units in 2019 is 3.5%.

How Do Tenants Calculate Their Richmond Rent Control Base Rent?

For tenancies created after July 21, 2015, the tenant’s initial rent paid is the base rent.  For tenancies created on or before July 21, 2015, the base rent is the rent in effect on July 21, 2015.

Can a Tenant Petition the Richmond Rent Board for a Lower Rent?

Yes, Richmond tenants may petition the Richmond Rent Board for a lower annual general adjustment. Richmond Municipal Code § 11.100.070(c). The Richmond Rent Board typically grants petitions for a decrease in housing services based on landlord harassment or uncorrected habitability defects in the rental unit.  Richmond Municipal Code § 11.100.070(d).

How Much Notice is Required for a Richmond Rent Control Rent Increase?

Usually, the landlord need only provide thirty day’s notice where the rent increase is less than ten percent.  Richmond Rent Ordinance § 11.100.070(j); California Civil Code § 827.  For rent increases of ten percent or more, the landlord must provide 90 days’ written notice.  Id.  Rent increases that took effect during the previous 12 months are included for purposes of calculating rent increase percentages.  Id.

Does Richmond Rent Control Permit Rent Increase Banking?

Yes, Richmond Rent Control permits Richmond landlords to bank lawful rent increases to save for later use.  Richmond Rent Board Regulations for Richmond Rent Ordinance § 602.  However, Richmond Rent Control limits banked rent increases to no more than the current year’s annual general adjustment plus five percent of the rent charged at any time during the twelve months prior to the effective date of the proposed increase, alone or when combined with other rent increases imposed for the preceding twelve months.  Id.  Consequently, if an annual general adjustment exceeds five percent, the landlord may not impose a banked rent increase.  Id.

The Richmond Rent Ordinance’s Eviction Protections

The Richmond Rent Ordinance’s eviction protections keep Richmond tenants housed by limiting evictions. Under the Richmond Rent Ordinance, a landlord may only evict a tenant with just cause for eviction.  Just cause for eviction means that a landlord can only terminate a tenancy for reasons listed in the Richmond Rent Ordinance. When terminating a tenancy, the landlord must inform the tenant, in writing, which just cause reason they are asserting.  A termination of tenancy that does not comply with the Richmond Rent Ordinance’s just cause for eviction protections is unlawful and void.

Under the Richmond Rent Ordinance, what are the just cause reasons a landlord can terminate a tenancy?

The Richmond Rent Ordinance lists eight just cause reasons to terminate a tenancy.  The just cause reasons are:

1. Tenant’s failure to pay rent;
2. Tenant’s continued breach of a material lease term, after receiving written notice to stop;
3. Tenant’s continued nuisance, after receiving written notice to stop;
4. Tenant’s failure to provide reasonable access, without good cause, to the landlord, after receiving landlord’s written notice of entry;
5. Temporary eviction for substantial repairs;
6. Owner move-in or relative move-in eviction;
7. Ellis Act Eviction; and,
8. Landlord seeks to recover possession from a temporary tenancy at a single-family home that the landlord previously occupied as their principal residence and has the right to recover possession under the lease for no more than twelve months. Richmond Municipal Code § 11.100.050.

Additionally, a government agency can order a tenant to vacate their rental unit due to health or safety conditions.  Richmond Municipal Code § 11.102.030(c).

Is my unit covered under the Richmond Rent Ordinance’s eviction protections?

Nearly every unit within the City of Richmond is protected by the Richmond Rent Ordinance’s eviction protections.  Further, eviction protections extend to any “ rental property rented or offered for rent for residential purposes,” which means the unit need not be permitted or zoned for residential use.  Richmond Municipal Code § 11.100.030(m).

What Documents Must My Landlord Provide to Terminate my Tenancy?

Under state law and the Richmond Rent Ordinance, a landlord may only terminate a tenancy by serving the tenant with written notice.  For tenants who have resided in their home for less than a year, the landlord need only provide 30 days written notice.  California Civil Code § 1946.   For tenants who have resided in their home for a year or more, the landlord must provide 60 days written notice.  Id. However, where a tenant is at fault, for example by committing nuisance, not paying rent, or remaining in breach of the lease, the landlord need only provide a three-day notice to cure or quit.  California Code of Civil Procedure § 1161.  If, at the expiration of the three-day notice, the landlord believes the tenant has not cured the defect, the landlord may initiate an unlawful detainer or eviction action in court.

The landlord must also state the just cause reason for the termination on the termination of tenancy notice.  Richmond Municipal Code § 11.100.050.  Where the termination of tenancy notice is based upon the tenant’s alleged breach of the lease, nuisance, or failure to provide reasonable access, the landlord must attach all prior written warnings to the termination of tenancy notice. Richmond Municipal Code § 11.100.050(d). For such notices, the landlord must also include:

1. Language informing the tenant that their failure to cure the alleged violation may result in the initiation of an eviction action;
2. Information regarding the tenant’s right to request reasonable accommodation;
3. The Richmond Rent Board’s contact information;
4. Sufficient details to allow the tenant to cure the alleged violation; and,
5. Any information necessary to determine the date, time, place, witnesses present, and other circumstances concerning the alleged reason for the notice. Id.

Generally, the written termination of tenancy notice must minimally include:

• The just cause reason for the termination;
• The unit address;
• The name of all tenants;
• 3/30/60/120 day of notice period;
• For Ellis Act demolition evictions & temporary eviction for substantial repairs, all demolition permits;
• For owner move-in evictions, the name and address of the owner who will occupy the unit;
• For relative move-in evictions, the qualified relative’s name, address, and relationship to the landlord;
• For temporary evictions for substantial repairs, all necessary permits;
• For nuisance and breach of lease evictions, all prior written warning notices; and,
• For temporary eviction notices, a completed notice of entitlement to a temporary relocation payment form that includes a summary of intended substantial repairs and a notification of the tenant’s right of first refusal to return to the completed unit, a rent differential payment form, and a permanent relocation payment form.

Owner Move-In Evictions Under the Richmond Rent Ordinance

Under the Richmond Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in eviction or relative move-in eviction, which requires the owner or relative to reside in the unit as their primary residence.  Despite being a lawful just cause for eviction, the owner, or their qualified relative, must follow strict rules following the eviction. An owner’s failure to comply with the Richmond Rent Ordinance following an owner or relative move-in eviction results in a wrongful eviction claim.

Owner Move-In Defined

An owner move-in eviction occurs where the landlord seeks to recover possession in good faith for use and occupancy as a primary residence by the landlord, or the landlord’s spouse, children, parents, or grandparents.  Richmond Municipal Code § 11.100.050(a)(6).

To perform an owner move-in, the owner must be a natural person and own at least 50 percent of the property.  Richmond Municipal Code § 11.100.050(a)(6)(A).

An owner or qualified relative may not perform an owner move-in eviction if they already occupy a unit on the property, or another vacancy exists on the property.  Richmond Municipal Code § 11.100.050(a)(6)(B). However, the owner or qualified relative may be able to perform the owner move-in eviction, where recovery of the unit accommodates a disability.

What Richmond Tenants are Protected from an Owner Move-In Eviction?

A landlord may not perform an owner move-in on the following tenants:

1. A tenant who has lived in the unit for at least five years and is 62 years of age or older;
2. A tenant who has lived in the unit for at least five years and is disabled; or,
3. A certified terminally ill tenant. Richmond Municipal Code § 11.100.050(a)(6)(F).

However, a landlord or qualified relative may be able to perform an owner move-in eviction if the unit is 62 years of age or older, disabled, or has a certified terminal illness, recovering the unit is necessary to accommodate the landlord or qualified relative, and no other units are available.  Richmond Municipal Code § 11.100.050(a)(6)(F).

What Must a Richmond Landlord Include on an Owner Move-In Eviction Notice?

As stated above, a landlord must serve a written notice terminating the tenancy, which includes owner move-in as the just cause for the eviction.  Additionally, the termination of tenancy notice must include the name, address, and relationship to the landlord of the person intended to occupy the rental unit.  Richmond Municipal Code § 11.100.050(a)(6)(C).

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 Eviction, How Long May the Owner Keep the Unit Vacant?

Under the Richmond Rent Ordinance, the owner or qualified relative must move into the unit within ninety days after the tenant vacates.  Richmond Municipal Code § 11.100.050(a)(6)(D).

What Happens If the Owner or Qualified Relative Fail to Move Into an Owner Move-In Unit?

If the owner or qualified relative does not move into the unit within ninety days of the tenant vacating, the owner shall offer the unit back to the tenant, and pay all reasonable related moving expenses.  Richmond Municipal Code § 11.100.050(a)(6)(E).

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

Following an owner move-in eviction, the owner or qualified relative must occupy the unit for at least thirty-six consecutive months.  Richmond Municipal Code § 11.100.050(a)(6)(D).

What Happens if the Owner or Qualified Relative Vacate the OMI Unit?

Under the Richmond Rent Ordinance, the tenant has a right of first refusal to return to the unit when the owner or qualified relative no longer resides in the unit as their primary residence.  Richmond Municipal Code § 11.102.030.

Ellis Act Evictions Under the Richmond Rent Ordinance

Under the Richmond Rent Ordinance, landlords are permitted to evict all tenants from a rental property and remove the property from the residential rental housing market.  Richmond Municipal Code § 11.100.050(a)(7).  Despite being a lawful just cause for eviction, the landlord must follow strict rules following the Ellis Act eviction.  Their failure to comply with the Richmond Rent Ordinance following results in the tenant having a claim for wrongful eviction in violation of the Ellis Act.

What is an Ellis Act Eviction?

California law allows landlords to remove a residential rental property from the housing market permanently. Government Code § 7060, et seq.  The Ellis Act permits landlords to simultaneously evict all tenants from the property to remove the property from the rental market.  The Ellis Act is generally used to change the building’s use into condominiums, tenancies in common for personal use, or for the landlord’s personal use.

Can Master Tenant’s Perform Ellis Act Evictions?

No, the Richmond Rent Ordinance prohibits master tenants from performing Ellis Act evictions on subtenants.  Richmond Rent Board Regulations for Richmond Rent Ordinance § 501(A).

What Happens After a Landlord Removes a Property from the Richmond Rental Market Through an Ellis Act?

In addition to allowing the landlord to evict all tenants from the building, the Ellis Act mandates several restrictions.  First, if the landlord desires to re-rent a unit that was subject to rent control at the property, the rent must be the same rent the evicted tenant paid for five years following the Ellis Act eviction, plus any allowable general adjustments available under Richmond Rent Control.  Richmond Rent Board Regulations for Richmond Rent Ordinance § 502(A).  Second, evicted tenants get the first right to return to the property for ten years following the Ellis Act eviction.  Third, where the landlord seeks to re-rent the unit at the property within two years of the Ellis Act eviction date, the landlord is liable to the displaced tenant for actual and punitive damages.  Rent Board Regulations for Richmond Rent Ordinance § 502(B).

These rights often require the tenant inform the landlord of their desire to re-rent the unit.  In fact, the Richmond Rent Ordinance requires displaced tenants to notify landlords, in writing, of their willingness to re-rent their former units within thirty days of the Ellis Act eviction. Rent Board Regulations for Richmond Rent Ordinance § 502(B)(3).  Consequently, evicted tenants should continuously update their former landlord with current contact information and express a desire to return to their former home.  These rental restrictions apply to future owners.  They also apply to newly constructed units following a demolition, which will be subject to rent control for five years following the Ellis Act eviction.  Richmond Rent Board Regulations for Richmond Rent Ordinance § 502(C).

For ten years following an Ellis Act eviction, a landlord who offers accommodations again for rent must notify the Richmond Rent Board of their intention to put the property back in the residential rental market.  Richmond Rent Board Regulations for Richmond Rent Ordinance § 502(C).

Under the Richmond Rent Ordinance, an Ellis Act evicted tenant who exercises their right to re-rent their former unit is entitled to a lease that is substantially similar to their former lease agreement.  Richmond Rent Board Regulations for Richmond Rent Ordinance § 502(B)(4).

Can Landlords Invoke the Ellis Act on Only Some of the Units at a Property?

No, the landlord cannot perform a partial Ellis Act eviction.  Every unit at the property must receive Ellis Act notices simultaneously.

How Much Notice Must Landlords Provide Richmond Tenants When Invoking the Ellis Act?

Ellis Act evictions require 120 days’ notice.  Government Code § 7060.4; Richmond Rent Board Regulations for Richmond Rent Ordinance § 503. However, tenants who have lived in the unit for at least a year prior to the Ellis Act notice date, and are either sixty-two years of age or older, disabled, have a minor child residing in the unit, or are low-income are entitled to one year notice.  Id.

Tenants entitled to one year notice must serve their landlord with written notice of their entitlement to an extension within sixty days of the date the landlord officially informs the government of the Ellis Act eviction.  Id.

How Much Relocation Money are Richmond Tenants Entitled for Ellis Act Evictions?

The Richmond Rent Ordinance provides for relocation money when a landlord invokes an Ellis Act eviction. The Richmond Relocation Ordinance provides a base amount relocation payment that is available to all units, and an additional payment to qualified tenant households, which are units including at least one person who is sixty-two years of age or older, disabled, has at least one child under 18, resides in a lower-income household, or, for owner move-in and relative move-in evictions only, has a terminal disease. Richmond Municipal Code § 11.102.020(j).

Richmond tenants are entitled to the following amount of relocation money:

• Tenants in studios are entitled to a base amount relocation payment of $7,602, and an additional $8,712 for qualified tenant households.
• Tenants in 1 bedroom units are entitled to a base amount relocation payment of $11,653, and an additional $13,428 for qualified tenant households.
• Tenants in 2+ bedroom units are entitled to a base amount relocation payment of $15,814, and an additional $18,199 for qualified tenant households.

Must Tenants Return Relocation Money Where a Landlord Rescinds the Ellis Act Eviction Notice?

The Richmond Rent Ordinance allows landlords to rescind Ellis Act eviction notices at any time.  Richmond Rent Board Regulations for Richmond Rent Ordinance § 504(B).  Where a landlord has already paid a relocation payment, the tenant can provide an accounting showing any amount of the relocation payment expended, and return any remaining monies.  Richmond Rent Board Regulations for Richmond Rent Ordinance § 504.  The landlord has the right to demand the tenant assign the tenant’s right to recover any expended relocation money paid to third parties.  Id.

What are Temporary Tenancies under the Richmond Rent Ordinance?

The Richmond Rent Ordinance creates an exemption to just cause for eviction protections for homeowners who meet the following requirements when renting out a portion of a single-family home or a cottage unit/accessory dwelling unit on the property:

• The homeowner resides in the single-family home as their principal residence;
• At the start of the tenancy, the homeowner provides the tenant with a written statement of the tenancy length and that the tenancy may be terminated at the end of the temporary tenancy without a relocation payment. Richmond Municipal Code § 11.100.040.

Additionally, where tenants that share a bathroom or kitchen with the owner are exempt from the Richmond Rent Ordinance.  Richmond Municipal Code § 11.100.040.

What Relocation Money are Richmond Tenants Entitled to Under the Richmond Rent Ordinance?

For owner move-in, relative move-in, Ellis Act, temporary evictions for substantial repairs, and evictions due to government agency orders, landlords must pay Richmond tenants relocation money, which is set by the Richmond Relocation Ordinance. Richmond Municipal Code § 11.100.050(b). The Richmond Rent Ordinance distinguishes between temporary and permanent evictions for purposes of tenant relocation payments.  The third type of relocation payment, called rent-differential payments, also exist, and are required to be paid for certain temporary evictions.

Richmond Rent Ordinance Relocation Payments for Permanent Evictions

Where the tenant permanently vacates the rental unit, the Richmond Relocation Ordinance provides a base amount relocation payment to all units, and an additional payment to qualified tenant households, which are units including at least one person who is sixty-two years of age or older, disabled, has at least one child under 18, resides in a lower-income household, or, for owner move-in and relative move-in evictions only, has a terminal disease.  Richmond Municipal Code § 11.102.020(j).

For owner move-in and relative move-in evictions, tenants in studios are entitled to a base amount relocation payment of $3,774, and an additional $4,384 for qualified tenant households.  Tenants in 1 bedroom units are entitled to a base amount relocation payment of $5,826, and an additional $6,713 for qualified tenant households.  Tenants in 2+ bedroom units are entitled to a base amount relocation payment of $7,934, and an additional $9,100 for qualified tenant households.

For Ellis Act evictions and permanent evictions resulting from a government agency order, tenants in studios are entitled to a base amount relocation payment of $7,602, and an additional $8,712 for qualified tenant households.  Tenants in 1 bedroom units are entitled to a base amount relocation payment of $11,653, and an additional $13,428 for qualified tenant households.  Tenants in 2+ bedroom units are entitled to a base amount relocation payment of $15,814, and an additional $18,199 for qualified tenant households.

Richmond Rent Ordinance Relocation Payments for Temporary Evictions

For temporary evictions, such as temporary evictions for substantial repairs or temporary evictions resulting from a government agency order, the landlord must pay the unit a weekly relocation amount using the following table:

Instead of providing relocation payments for a temporary eviction, the landlord may offer the tenant a comparable unit in Richmond.  Richmond Municipal Code § 11.102.030(g).  After the tenant accepts the offer for a comparable unit, the landlord must pay:

1. The tenant’s reasonable moving expenses to and from the comparable unit;
2. Make temporary relocation payments or rent differential payments until the tenant occupies the comparable unit. Richmond Municipal Code § 11.102.030(g).

Where a tenant has resided in a comparable unit for at least 120 days, the tenant has good cause to vacate and receive rent differential payments until reoccupying the unit from which they were initially displaced.  Richmond Municipal Code § 11.102.030(h).  If, after 120 days have elapsed since occupying the comparable unit, the tenant finds alternative permanent housing, the landlord shall pay a permanent relocation payment, but the tenant relinquishes their right to return to the unit from which they were initially displaced.  Id.

Please note that the landlord will not be required to pay a relocation payment where the government agency’s order to vacate was caused by a natural disaster, the tenant, or the tenant’s guest.  Richmond Municipal Code § 11.102.030(e).

Richmond Rent Ordinance Rent Differential Payments for Certain Temporary Evictions

Where a temporary eviction due to substantial repairs or government agency order lasts more than prescribed periods, the landlord must make rent differential payments to the tenant until the tenant reoccupies their unit.  Richmond Municipal Code § 11.102.030(a)(3).  Rent differential payments are the difference between the lawful rent the tenant was paying at the time of displacement and the fair market rent, as established by the Section 8 payment standards, for a comparable unit.  Richmond Municipal Code § 11.102.020(m).

For a temporary eviction for substantial repairs where the tenant agrees to vacate in writing, the landlord is not required to make rent differential payments unless the temporary eviction lasts longer than 120 days.  Richmond Municipal Code § 11.102.030(a)(3).

For temporary eviction for substantial repairs where the tenant does not agree to vacate in writing, the landlord is not required to make rent differential payments unless the temporary eviction lasts longer than 60 days.  Richmond Municipal Code § 11.102.030(b)(2).

For temporary eviction due to a government agency’s order to vacate, the landlord is not required to make rent differential payments unless the temporary eviction lasts longer than 60 days.  Richmond Municipal Code § 11.102.030(c)(2).

Whenever a landlord pays a rent differential payment, the tenant is excused from paying rent. Richmond Municipal Code § 11.102.030(a)(3).

Do Subtenants Qualify for Richmond Rent Ordinance Relocation Payments?

Yes, subtenants and anyone entitled to use or occupy the rental unit are entitled to the Richmond Rent Ordinance’s relocation payments.  Richmond Municipal Code § 11.102.020(q).  A subtenant can qualify a unit as a qualified tenant household, which entitles the tenants in that unit for additional relocation money. Additionally, a subtenant must be included in the landlord’s calculations for relocation payments for temporary evictions.

Am I Disabled for Purposes of the Richmond Rent Ordinance’s Relocation Payments?

The Richmond Relocation Ordinance defines a disabled tenant as having a physical or mental disability or condition that limits a major life activity.  Richmond Municipal Code § 11.102.020(a).  California courts broadly construe major life activity to include physical, mental, and social activities and working.  California Government Code § 12926(j)(1)(C).  Examples of disability include, but are not limited to:

• Chronic or episodic conditions such as HIV/AIDS. Scotch v. Art Institute of California, 173 Cal. App. 4th 986, 1002 (2009);
• Auburn Woods I Homeowners Association v. Fair Employment & Housing Commission, 121 Cal. App. 4th 1578 (2004); and,
• Jensen v. Wells Fargo Bank, 85 Cal. App. 4th 245, 248-259 (2000).

How Must Landlords Pay Richmond Rent Ordinance Relocation Payments?

The Richmond Rent Ordinance requires landlords to make direct payments to each eligible tenant. Richmond Municipal Code § 11.102.070. Alternatively, the landlord can distribute relocation money through an escrow account.  Id.

When Must Landlords Pay Richmond Rent Ordinance Relocation Payments?

For owner move-in evictions, relative move-in evictions, and Ellis Act evictions, the landlord must pay half of the relocation payment within three business days after the tenant has informed the landlord in writing that they will vacate the unit by the date listed in the termination of tenancy notice.  Richmond Municipal Code § 11.102.070(b).  After the tenant has vacated the unit, the landlord must pay the remaining relocation money within three business days, provided the tenant has vacated within two calendar days of the date provided for in the termination of tenancy notice and removed all of their personal property from the unit, and other leased property.  Id.

Where a tenant is entitled to a permanent relocation payment after finding permanent alternative housing due to delayed substantial repairs, the landlord must pay the full permanent relocation payment within three business days of the tenant informing the landlord, in writing, of their intention to vacate.  Richmond Municipal Code § 11.102.070(c).

Can I Waive My Right to Relocation or Rent Differential Payments?

No, a landlord can never force a tenant to waive their right to the Richmond Rent Ordinance’s relocation or rent differential payments.  Richmond Rent Ordinance § 11.102.080.

Which Richmond Units are Exempt from Relocation & Rent Differential Payments?

The Richmond Rent Ordinance’s relocation ordinance does not apply to the following units:

• Hotels, motels, inns, or other units which are rented for fewer than fourteen days;
• Units in hospitals, convents, monasteries, extended medical care facilities, asylums, non-profit homes for the elderly, or university dorms;
• Temporary tenancies of the owner’s home that are properly memorialized in the lease agreement.
• Lawful accessory dwelling units, where the owner principally resides in the larger single-family home; and,
• Unregulated room rentals where the tenant shares a bathroom or kitchen with the owner, who resides at the home as their primary residence. Richmond Municipal Code § 11.102.110.

Do I have to Continue Paying Rent While I Am Temporarily Evicted from My Richmond Unit?

Generally, yes, provided the landlord timely makes temporary relocation payments.  Richmond Municipal Code § 11.102.030.  However, Richmond tenants are not obligated to pay rent during the temporary eviction upon electing to waive temporary relocation payments.  Id.  Here, the tenant will be excused from paying rent until reoccupying the rental unit.  Id. Further, Richmond tenants are not obligated to pay rent when the landlord is obligated to pay rent differential payments.  Richmond Municipal Code §§ 11.102.030(a)(3), (b)(2), (c)(2).

Do I have to Agree to a Temporary Eviction?

The Richmond Rent Ordinance requires relocation payments for temporary evictions.  Notably, the Richmond Rent Ordinance sets forth distinct payment standards for tenants who agree or dispute the temporary eviction. These differences primarily relate to the tenant’s obligation to pay rent and the right to rent differential payments.

Where a tenant agrees, in writing, to a temporary eviction notice, the Richmond Rent Ordinance requires:

• The landlord to immediately make temporary relocation payments to the Richmond tenant, except where the tenant waives the payments;
• If the temporary eviction lasts longer than 60 days, the landlord shall make temporary relocation payments, and the tenant must continue paying rent; and,
• If the temporary eviction lasts longer than 120 days, the landlord shall make rent differential payments, can no longer collect rent from the tenant, and the tenant has the right to a permanent relocation payment, should they find permanent replacement housing.

Where a tenant does not agree to a temporary eviction notice, the Richmond Rent Ordinance requires:

• The landlord to immediately make temporary relocation payments to the Richmond tenant, except where the tenant waives the payments;
• If the temporary eviction lasts longer than 60 days, the landlord shall make rent differential payments, and the tenant is not obligated to pay rent; and,
• If the temporary eviction lasts longer than 120 days, the landlord must continue making rent differential payments, and the tenant has the right to a permanent relocation payment, should they find permanent replacement housing.

Where a tenant temporarily vacates due to a government agency’s order to vacate, the Richmond Rent Ordinance requires:

• The landlord to immediately make temporarily relocation payments; and,
• If the temporary eviction lasts longer than 60 days, the landlord shall make rent differential payments, and the tenant is not obligated to pay rent. The tenant has a right to a permanent relocation payment, should they find permanent replacement housing.

What Happens if a Disputed Temporary Eviction Lasts Longer than 120 Days?

Tenants that have temporarily vacated their Richmond unit for a temporary termination of tenancy should remain in constant contact with their landlord.  Sending numerous letters or text messages during the temporary eviction may behoove the tenant should they be forced into taking legal action.

Does the Richmond Rent Ordinance Bar Retaliation?

Yes, the Richmond Rent Ordinance prohibits retaliation against any tenant who has previously reported a landlord’s violation or exercised any right guaranteed by the Richmond Rent Ordinance, including the right to form or join a tenant organization or complaint about habitability defects.  Richmond Municipal Code § 11.100.050(e).

May Richmond Tenants Waive Provisions of the Richmond Rent Ordinance?

No, any waiver of the Richmond Rent Ordinance is against public policy and void.  Richmond Municipal Code § 11.100.080.

What Damages May Richmond Tenants Recover for Landlord Violations of the Richmond Rent Ordinance?

The Richmond Rent Ordinance contains a private right of action for landlord violations.

Any landlord who demands, accepts, receives, or retains unlawful rent is liable to the tenant for return of rent, which the Richmond Rent Ordinance triples where the landlord acts willfully or with oppression, fraud, or malice.  Richmond Municipal Code § 11.100.100(a).  Additionally, the landlord be liable for the tenant’s reasonable attorney fees.  Id.

To discuss the Richmond Rent Ordinance, Richmond Ellis Act evictions, Richmond Owner Move-In evictions, Richmond Wrongful Eviction, or California Rent Control (AB 1482) with an attorney, contact Astanehe Law.

Last updated: March 11, 2020.

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