An owner move-in eviction occurs when 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, domestic partner, children, grandchildren, parents, or grandparents.  Pasadena City Charter § 1806(9).

To perform an owner move-in, the owner must be a natural person that maintains at least fifty percent (50%) ownership in the property.  Pasadena City Charter § 1806(9)(A).

An owner or qualified relative may not perform an owner move-in eviction if they already occupy a unit at the property, or another vacancy exists on the property.  Pasadena City Charter § 1806(9)(B).  Where a comparable unit becomes vacant at the property, the landlord must rescind the notice to vacate and dismiss any action filed to recover possession of the Pasadena tenant’s home.

Which Pasadena Tenants are Protected from an Owner Move-In Eviction?

A landlord may not perform an owner move-in eviction or relative move-in on the following Pasadena tenants:

  • A Pasadena tenant that has resided in their unit for at least five (5) years and is either:
    • At least sixty (60) years or older;
    • Disabled; or,
    • Is certified as terminally ill by the Pasadena tenant’s treating physician. Pasadena City Charter § 1806(9)(F).

However, the landlord may evict a Pasadena tenant who qualifies for one of the above-mentioned exemptions if the landlord or qualified relative also meets one of the exemption criteria and no other available units exist at the property.

How Many Days’ Notice Must Pasadena Landlords Provide Tenants When Serving a Termination of Tenancy Notice Based on an Owner Move-In Eviction or Relative Move-In Eviction?

When serving a termination of tenancy notice based on an owner move-in eviction or relative move-in eviction, Pasadena landlords must provide Pasadena tenants with six (6) months’ written notice.  Pasadena City Charter § 1806(9).

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

As stated above, a landlord must serve a written notice terminating the tenancy, which includes the 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.  Pasadena City Charter § 1806(C).  Further, the notice must include a statement regarding the Pasadena tenant’s rights under the Pasadena Rent Ordinance.

Following an Owner Move-In Eviction or Relative Move-In Eviction, How Long May the Landlord Keep the Unit Vacant?

Under the Pasadena Rent Ordinance, the owner or qualified relative must move into the unit within sixty (60) days after the Pasadena tenant’s displacement.  Pasadena City Charter § 1806(D).

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

Following an owner move-in eviction or relative move-in eviction, the owner or qualified relative must occupy the rental unit as their primary residence for at least thirty-six (36) consecutive months in good faith. Pasadena City Charter § 1806(D).

What Happens if the Owner or Qualified Relative Fails to Move into the Unit Following the Pasadena Tenant’s Displacement?

If the owner or qualified relative does not move into the unit within sixty (60) days of the Pasadena tenant’s displacement or fails to remain in the unit for thirty-six (36) consecutive months, the owner shall offer the unit back to the Pasadena tenant, with the same rent in effect at the time of displacement, and pay the Pasadena tenant’s reasonable expenses incurred in moving to and from the rental unit.  Pasadena City Charter § 1806(E).

My Landlord Violated the Pasadena Rent Ordinance, Do I have a Claim?

Yes, where the landlord re-rents the property following a fraudulent owner move-in eviction or relative move-in 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.