Ellis Act Evictions Under the Pasadena Rent Ordinance
Under the Pasadena Rent Ordinance, Pasadena landlords may evict all tenants from a rental property and remove the property from the residential rental housing market. Pasadena City Charter § 1806. 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 Pasadena Rent Ordinance after effectuating Ellis Act evictions results in all displaced tenants having a claim for wrongful eviction in violation of the Pasadena Rent Ordinance.
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 the landlord’s personal use.
What Requirements Must Pasadena Landlords Meet to Invoke the Ellis Act to Evict Their Pasadena Tenants?
In addition to allowing the landlord to evict all tenants from the building, the Ellis Act mandates several restrictions. First, if the landlord must file documents with the Pasadena Rental Board before invoking the Ellis Act. Should the landlord fail to comply with this requirement, the Ellis Act is invalid, and the Pasadena tenants need not move from their homes. Second, the landlord must serve all tenants in the building with written notice regarding the Ellis Act eviction. The notice must provide the tenants at least one-hundred-and-eighty (180) days’ notice. Where the Pasadena tenant is a senior or disabled, the landlord must provide them at least one (1) year notice. Third, the notice of termination pursuant to the landlord invoking the Ellis Act must notify the Pasadena tenants of their right to relocation assistance.
How Much Notice Must Landlords Provide Pasadena Tenants When Invoking the Ellis Act?
Pasadena landlords must serve all tenants in the building with written notice regarding the Ellis Act eviction. The notice must provide the tenants with at least one-hundred-and-eighty (180) days’ notice. Where the Pasadena tenant is a senior or disabled, the landlord must provide them at least one (1) year notice.
What Amount of Relocation Payments are Pasadena Tenants Entitled for Ellis Act Evictions?
The Pasadena Rent Ordinance provides relocation payments to Pasadena tenants displaced following their landlord invoking the Ellis Act.
The Pasadena Rent Ordinance requires landlords to provide a minimum of fifty percent (50%) of the required relocation assistance within ten (10) days of service of any termination of tenancy notice based on the landlord invoking the Ellis Act. Pasadena City Charter § 1806(b). The landlord may pay the remaining relocation assistance to an escrow account no later than twenty-eight (28) days before the Pasadena tenant is required to vacate their home. Once the tenant vacates their home, the landlord must remit the relocation assistance to them.
My Landlord Violated the Pasadena Rent Ordinance, Do I have a Claim?
Yes, where the landlord re-rents the property following an Ellis Act eviction, the displaced tenant may have a claim for wrongful eviction. To discuss the Pasadena Rent Ordinance, Pasadena Ellis Act Evictions, Pasadena Owner Move-In Evictions, Pasadena Rent Control, Pasadena wrongful evictions, or California Rent Control (AB 1482) with a tenant attorney, contact Astanehe Law.
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