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.  As with Richmond owner move-in evictions, the landlord’s failure to comply with the Richmond Rent Ordinance may result in the tenant having a claim for wrongful eviction.

What is an Ellis Act Eviction?

California law allows landlords to remove a residential rental property from the housing market permanently. California 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 Invoke the Ellis Act on Subtenants?

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. Richmond 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. California 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.

My Former Landlord May Have Violated the Richmond Rent Ordinance & Ellis Act, 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, Ellis Act wrongful evictions, or California Rent Control with an attorney today.