Under the Fairfax 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. An owner’s failure to comply with the Fairfax 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, child, parent, or grandparent. Fairfax Town Code § 5.54.030.

To perform an owner move-in eviction, the landlord must be a natural person and own at least fifty-one percent (51%) of the property. Fairfax Town Code § 5.54.030.

Where a landlord or an enumerated relative already occupies another unit at the property or vacancy exists at the property, no owner move-in eviction or relative move-in eviction may occur. Fairfax Town Code § 5.54.030.

Once a unit is subject to an owner move-in eviction or relative move-in eviction, it is the designated owner move-in eviction or relative move-in eviction unit. Fairfax Town Code § 5.54.030. The unit becomes the designated owner move-in eviction or relative move-in eviction unit going forward. All future owner move-in evictions or relative move-in evictions must occur in the same unit. Further, once a landlord recovers a unit at the property pursuant to an owner move-in eviction, no other landlord may recover possession of another unit at the property. However, the landlord or enumerated relative may request a reasonable accommodation for a disability and a different unit is necessary to accommodate their disability.

When asserting a relative move-in eviction as a just cause for eviction, the notice of termination of tenancy shall contain the enumerated relative’s name and relationship to the landlord. Fairfax Town Code § 5.54.030.

Following a Fairfax Tenant’s Displacement From Their Home, How Long Does the Landlord or Enumerated Relative Have to Occupy the Vacant Rental Unit?

Ninety (90) days. Fairfax Town Code § 5.54.030. If the landlord or enumerated relative fails to occupy the unit within ninety (90) days after the Fairfax tenant vacates, the law presumes bad faith.

Where the landlord or enumerated relative fails to move into the Fairfax rental unit within ninety (90) days after the Fairfax tenant’s displacement, the landlord must:

  1. Offer the unit back to the Fairfax tenant at the same rental rate in effect at displacement;
  2. Pay the Fairfax tenant’s reasonable expenses incurred in moving to and from the unit, including lease termination fees;
  3. If the landlord or enumerated relative fails to occupy the unit within ninety (90) days after the Fairfax tenant vacates or does not occupy the Fairfax unit as their primary residence for at least one (1) year, the landlord shall have the burden of producing evidence that the failure to occupy did not occur in bad faith. Fairfax Town Code § 5.54.030.

What Fairfax Tenants are Protected from an Owner Move-In Evictions and Relative Move-In Evictions?

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

  1. A Fairfax tenant who has lived in the unit for at least three (3) years and is sixty-two (62) years of age or older;
  2. A Fairfax tenant who has lived in the unit for at least three (3) years and is disabled; or,
  3. A Fairfax tenant that has been certified as terminally ill by their treating physician. Fairfax Town Code § 5.54.030.

However, a landlord or qualified relative may be able to perform an owner move-in eviction or relative 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. Fairfax Town Code § 5.54.030.

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

As stated above, a landlord must serve a written notice terminating the tenancy stating that an owner move-in eviction or relative move-in eviction is the basis for the termination of tenancy. 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. Fairfax Town Code § 5.54.030.

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

Under the Fairfax Rent Ordinance, the owner or qualified relative must move into the unit within ninety (90) days after the Fairfax tenant is displaced from their home. Fairfax Town Code § 5.54.030.

Following an Owner Move-In Eviction or Relative Move-In Eviction, How Long Must the Owner or Qualified Relative Occupy the Fairfax Rental Unit?

Following an owner move-in eviction or relative move-in eviction, the owner or qualified relative must occupy the unit for at least twelve (12) consecutive months. Fairfax Town Code § 5.54.030.

What Relocation Assistance are Fairfax Tenants Entitled to Under the Fairfax Rent Ordinance?

For owner move-in evictions, and relative move-in evictions, landlords must pay Fairfax tenants relocation money, which is set by the Fairfax Rent Ordinance. Fairfax Town Code § 5.54.050.

Fairfax tenants displaced under the aforementioned just cause for eviction reasons, except when temporarily displaced for thirty (30) days or fewer, must be provided with relocation assistance equal to two (2) months’ rent. Fairfax Town Code § 5.54.050. The landlord must provide the relocation assistance when serving the notice of termination of tenancy. If the Fairfax tenant fails to vacate their home, they must return the relocation assistance.

Senior, minor, disabled, and terminally ill tenants are entitled to collect an additional $3,000 in relocation assistance. Fairfax Town Code § 5.54.050. Under the Fairfax Rent Ordinance, a senior is anyone that is sixty-two (62) years of age or older. A minor is anyone that is seventeen (17) years of age or younger. A terminally ill tenant must be certified as such by their treating physician.

What Damages May Fairfax Tenants Recover for Fraudulent Owner Move-In Evictions or Relative Move-In Evictions?

The Fairfax Rent Ordinance contains a private right of action for landlord violations of the Fairfax Rent Ordinance’s owner move-in eviction and relative move-in eviction provisions. Fairfax Town Code §§ 5.54.030, 5.54.070.

Fairfax tenants may seek injunctive relief, equitable relief, and money damages, including actual damages and emotional distress damages for landlord violations of the Fairfax Rent Ordinance. Fairfax Town Code § 5.54.030. Where the landlord attempts or actually wrongfully evicts via a fraudulent owner move-in eviction or relative move-in eviction a Fairfax tenant, the Fairfax tenant’s damages are tripled. After the Fairfax tenant prevails at trial, they may recover their reasonable attorney fees.

Where a landlord fails to pay relocation assistance as required by the Fairfax Rent Ordinance, the Fairfax tenant may commence litigation seeking unpaid relocation assistance. Fairfax Town Code § 5.54.050.

To discuss the Fairfax Rent Ordinance, Fairfax Ellis Act Evictions, Fairfax Owner Move-In Evictions, Fairfax Rent Control, Fairfax wrongful evictions, or California Rent Control (AB 1482) with a tenant attorney, contact Astanehe Law.