Owner Move-In Evictions Under the Inglewood Rent Ordinance
Under the Inglewood Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in or relative move-in eviction, which requires the owner or qualified relative to reside in the unit following the termination of tenancy. Despite being a lawful just cause for eviction, the owner, or their qualified relative, must follow strict rules following the termination of tenancy. Their failure to comply with the Inglewood Rent Ordinance following and owner move-in or relative move-in eviction may result in the tenant possessing a wrongful eviction claim.
Owner Move-In & Relative Move-In Defined Under the Inglewood Rent Ordinance
An owner move-in eviction occurs where the landlord seeks to recover possession of the unit in good faith for their use and occupancy. Inglewood Municipal Code § 8-120. A relative move-in eviction occurs where the landlord seeks to recover possession of the unit in good faith for their spouse, domestic partner, grandchildren, parents, or grandparents’ use and occupancy. Id.
To perform an owner move-in or relative move-in eviction for leases enter into on or after July 1, 2020, the tenant must agree, in writing, to the eviction. Id. Alternatively, the landlord may include a lease provision stating the landlord can unilaterally perform an owner move-in or relative move-in eviction. Id.Under the Inglewood Rent Ordinance, a landlord may not perform an owner move-in or relative move-in eviction if the owner or qualified relative already occupies a unit at the property, or if a vacancy exists at the property, and the vacant unit is comparable to the tenant’s unit. Id.
What Must an Inglewood Landlord Include on an Owner Move-In or Relative Move-In Eviction Notice?
As stated above, a landlord must serve a written notice terminating the tenancy, that asserts the owner move-in or relative move-in as the just cause reason for the termination of tenancy. For relative move-in evictions, the termination of tenancy notice must include the name, address, and relationship to the landlord of the qualified relative who will occupy the unit. Inglewood Municipal Code § 8-120.
Although having no legal obligation, many landlords include half of the permanent relocation payment when serving an owner move-in eviction notice.
Following an Owner Move-In or Relative Move-In Eviction, How Long Can the Owner or Qualified Relative Wait Before Actually Moving In?
Following an owner move-in or relative move-in eviction, the owner or qualified relative must intend in good faith to move into the unit within sixty days following the tenant moving out. Inglewood Municipal Code § 8-120.
Following an Owner Move-In or Relative Move-In Eviction, How Long Must the Owner or Qualified Relative Reside in the Unit?
Following an owner move-in or relative move-in eviction, the owner or qualified relative must intend in good faith to reside in the unit for at least two years. Inglewood Municipal Code § 8-120.
What Must the Landlord Do if the Landlord or Qualified Relative No Longer Intend to Move into a Vacant Unit?
If the landlord or qualified relative specified on the owner move-in/relative move-in termination of tenancy notice fail to occupy the vacant unit within sixty days after the tenant vacates, the landlord must:
- Offer the unit back to the tenant who vacated it at the same rent; and,
- Pay to the tenant all reasonable moving expenses moving to and from the unit. Inglewood Municipal Code § 8-120.
If the owner or enumerated relative has not moved into the unit within sixty-days, and the previous tenant declines an offer to return, any new tenant will have their base rent set at the price the previous tenant paid prior to vacating. Id.
Which Inglewood Tenants are Protected from an Owner Move-In or Relative Move-In Eviction?
Under the Inglewood Rent Ordinance, a landlord may not perform an owner move-in or relative move-in eviction on the following tenants:
- Tenant is at least sixty-two years of old and has resided in the unit for at least five years;
- Tenant is disabled and has resided in the unit for at least five years; or,
- Tenant is certified as being terminally ill by their treating physician.Inglewood Municipal Code § 8-120.
For purposes of becoming a protected tenant, disabled means a person who is receiving benefits from a federal, state, or local government, or from a private entity due to permanent disability that prevents them from performing regularly, full-time work. Id.
A landlord or qualified relative who also qualifies as protected under the aforementioned criteria may evict a protected tenant. Id.
How Many Units at a Property Can Be Subject to an Owner Move-In or Relative Move-In Eviction?
A landlord may only evict a tenant from one unit at a property via an owner move-in or relative move-in eviction unit. Inglewood Municipal Code § 8-120. A tenant evicted via such an eviction that reoccupies the unit or relocates to another unit may not again be evicted pursuant to an owner move-in or relative move-in for four years after the date of the first termination of tenancy notice. Id.
Relocation Assistance for No-Fault Evictions Under the Inglewood Rent Ordinance
Under the Inglewood Rent Ordinance, landlords must provide relocation assistance for no-fault evictions, including owner move-in evictions, relative move-in evictions, Ellis Act evictions, demolition evictions, and substantial remodeling work evictions. Inglewood Municipal Code § 8-123. The landlord shall provide a base relocation payment equal to three times the monthly rent in effect when the owner issues the termination of tenancy notice. Id. Where a minor resides in the unit, the landlord must pay an additional $2,000. Id.
Enhanced Relocation Assistance
The landlord must pay enhanced relocation assistance if any one tenant’s status makes them eligible for such assistance, as follows:
Status | Additional Relocation Fee |
Adult residing between 2 to 4 years | $2,000.00 |
Adult residing between 5 to 10 years | $3,000.00 |
Adult residing 11 or more years | $5,000.00 |
Disabled Adult or Senior | $7,500.00 |
Under the Inglewood Rent Ordinance, a disabled person is anyone receiving benefits from a federal, state, or local government, or from a private entity due to permanent disability that prevents them from performing regularly, full-time work. Id. A minor is a person younger than eighteen years of age. Id. A senior is sixty-years of age or older. Id.
The existing tenants shall only recover one additional enhanced relocation fee for the highest amount the household qualifies for. Id.
Although the Inglewood Rent Ordinance requires tenants to provide proof of their eligibility for enhanced relocation assistance, it does not specify how. Id. Tenants are advised to do so in writing via certified mail, email, or text message.
Where a landlord improperly denies enhanced relocation assistance, a tenant may file a dispute with the Inglewood Rental Housing Board. Id.
Inglewood landlords must provide all of the relocation assistance to the tenants within fifteen calendar days of service of the notice of termination of tenancy, or within fifteen days of the Inglewood Rental Housing Board decision resolving any dispute over the relocation assistance amount. Id.
My Former Landlord May Have Violated the Inglewood 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. To discuss the Inglewood Rent Ordinance, Inglewood Ellis Act Evictions, Inglewood Owner Move-In Evictions, Inglewood Rent Control, Inglewood wrongful evictions, or California Rent Control (AB 1482) with a tenant attorney, contact Astanehe Law.
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