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.  The Richmond Rent Board regulates owner move-in evictions.  As with Richmond Ellis Act evictions, 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.

What Relocation Money are Richmond Tenants Entitled to for Owner Move-In 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.

Unit Type Base Amount Qualified Tenant

Household Amount
Studio $3,774 $4,384
1 Bedroom $5,826 $6,713
2+ Bedroom $7,934 $9,100

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 Vacates the Owner Move-In 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.

My Former Landlord May Have Violated the Richmond 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 Richmond Rent Ordinance, owner move-in wrongful evictions, or California Rent Control.