The Emeryville Rent Ordinance, officially called the Emeryville Residential Landlord & Tenant Relations Ordinance, has eviction protections for nearly all Emeryville tenants.  Codified at Emeryville Municipal Code Chapter 40, the Emeryville Rent Ordinance’s eviction controls require a landlord to have just cause to evict a tenant in a rental unit covered by the ordinance. Click here to see if your unit is covered under the Emeryville Rent Ordinance.  Although the Emeryville Rent Ordinance lacks rent control, Emeryville tenants may be protected by California Rent Control. Click here to learn about the tenant rights provided by California Rent Control (AB 1482).  Evictions under the Emeryville Rent Ordinance are divided into evictions where the tenant is at fault and where the tenancy is terminated through no fault of the tenant, referred to “no-fault” evictions.  Owner move-in and relative move-in evictions are common Emeryville no-fault evictions.  If your tenancy is covered under the Emeryville Rent Ordinance, you are entitled to relocation money from your landlord for all no-fault evictions.

Continue reading our article to learn about Emeryville Rent Ordinance relocation payments for no-fault evictions, or contact us to discuss your options.

Are Emeryville Tenants Entitled to Relocation Payments?

Yes, Emeryville tenants, regardless of the duration of the tenancy, are entitled to relocation payments for no-fault evictions. Emeryville Municipal Code § 5-40.4. A no-fault eviction occurs where the tenancy is terminated through no fault of the tenant. However, relocation payments are not required where the genesis of the no-fault eviction is due to natural disaster or a naturally occurring phenomenon beyond the landlord’s control. Id.

For purposes of relocation payments, the Emeryville Rent Ordinance divides Emeryville landlords into small and large landlords. Large landlords are defined as landlords who own more than four units within the City of Emeryville covered by the Emeryville Rent Ordinance. Emeryville Municipal Code § 5-40.02(d)(1). Small Landlords are landlords who own four or fewer units within the City of Emeryville covered by the Emeryville Rent Ordinance. Emeryville Municipal Code § 5-40.02(d)(2).

What are the Enumerated No-Fault Evictions?

Under the Emeryville Rent Ordinance, no-fault evictions are:

  1. Landlord will demolish the rental unit or perform an Ellis Act eviction;
  2.  Owner move-in or relative move-in eviction;
  3. Temporary eviction for substantial repairs necessary to make the unit fit for human habitation; and,
  4. Temporary eviction for substantial renovation. Emeryville Municipal Code § 5-40.03.

Emeryville Rent Ordinance Relocation Payments Made by Large Landlords

For no-fault evictions performed by large landlords, Emeryville tenants are entitled to a relocation payment equal to the great of either:
1. Five times the most current fair market rents, as set by HUD for the Oakland-Fremont, California HUD Metro FMR Area; or,
2. Four times the tenant’s monthly rent at the time the notice of termination of tenancy is delivered. Emeryville Municipal Code § 5-40.04.

Emeryville Rent Ordinance Relocation Payments Made by Small Landlords

For no-fault evictions performed by small landlords, Emeryville tenants are entitled to a relocation payment equal to the great of either:
1. One month of the most current fair market rents as set by HUD for the Oakland-Fremont, California HUD Metro FMR Area; or,
2. One month of the monthly rent at the time the notice of termination of tenancy is delivered. Emeryville Municipal Code § 5-40.04.

Alternatively, a small landlord may waive the final month of rent instead of providing a relocation payment. Emeryville Eviction & Harassment Protection Ordinance Regulations, Regulation 10.1. The small landlord must notify the tenants that they are waiving the last months’ rent in lieu of a relocation payment concurrently with delivery of the notice of termination of tenancy. Id.

What are the Applicable Current Fair Market Rents set by HUD?

Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom
$1,488 $1,808 $2,239 $3,042 $3,720

The relocation payment is divided equally amongst all tenants occupying the unit at the time the landlord serves the notice of termination of tenancy. Id.

Under the Emeryville Rent Ordinance, landlords must pay relocation money on or before the last day of the tenancy. Id.

Emeryville tenants in SRO’s or shared living quarters with more than one room or unit sharing a kitchen and/or bathroom offered on a weekly or longer basis are not entitled to relocation payments. Id.

My Former Landlord May Have Violated the Emeryville 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 Emeryville Rent Ordinance, owner move-in wrongful evictions, or California Rent Control (AB 1482).