The Fairfax Rent Ordinance’s eviction protections keep Fairfax tenants housed by limiting evictions. Under the Fairfax Rent Ordinance, a landlord may only evict a tenant with just cause for eviction. Just cause for eviction means that a landlord can only terminate a tenancy for reasons listed in the Fairfax Rent Ordinance. When terminating a tenancy, the landlord must inform the tenant, in writing, which just cause reason they are asserting. A termination of tenancy that does not comply with the Fairfax Rent Ordinance’s just cause for eviction protections is unlawful and void.

Under the Fairfax Rent Ordinance, What are the Just Cause Reasons a Landlord May Terminate a Tenancy?

The Fairfax Rent Ordinance proscribes nine (9) just cause reasons permitting the landlord to terminate a Fairfax tenant’s tenancy. The landlord may not seek to recover possession of the Fairfax unit without good faith, honest intent, and may not possess an ulterior motive for the reason stated in the notice of termination of tenancy. The just cause reasons are:

  1. The Fairfax tenant’s failure to pay rent;
    1. The landlord may not evict the Fairfax tenant for the alleged failure to pay rent when the following occurs:
      1. The landlord refuses to accept rent paid on the Fairfax tenant’s behalf by a third party;
      2. The landlord refuses to provide a W-9 form or other necessary documentation for the Fairfax tenant to receive rental assistance from a government agency, non-profit, or other third party; or,
      3. The landlord seeks to recover rent originally due from March 1, 2021 through March 31, 2022, when prohibited by California Civil Code section 1179.05.
  1. After receiving written notice to cease, the Fairfax tenant’s continued breach of a material lease term, except the requirement to surrender possession on proper notice as required by law or based upon the Fairfax tenant’s reasonable sublease of the Fairfax rental unit, and where the Fairfax tenant meets the following requirements:
    1. The Fairfax tenant continues residing in the unit as their primary residence;
    2. The sublease replaces one or more departed tenants under the rental agreement on a one-for-one basis or the sublease is within the legal limit of occupants under the housing code;
    3. The Fairfax tenant makes a written request to sublease to the landlord;
    4. The landlord fails to respond to the Fairfax tenant’s written request to sublease within fourteen (14) days of receipt;
    5. Where the landlord refuses to permit the sublease, the landlord states the reason for the refusal;
    6. The landlord’s refusal to allow the sublease is not based upon the proposed sub-tenant’s lack of creditworthiness, provided the proposed sub-tenant is not legally obligated to pay some or all of the rent directly to the landlord;
    7. The landlord’s refusal to allow the sublease is not against a proposed occupant that is the Fairfax tenant’s child, parent, grandchild, grandparent, brother or sister, spouse, or domestic partner, so long as the number of occupants does not exceed occupancy limits set by the housing code;
  2. The Fairfax tenant’s continued nuisance or cause substantial damage to the unit, after receiving written notice to stop;
  3. The Fairfax tenant’s failure to provide reasonable access, without good cause, to the landlord, after receiving landlord’s written notice of entry;
  4. Temporary eviction for substantial repairs, where the landlord obtains all permits for the work, or where substantial repairs are necessary under a notice of code violations affecting health and safety requiring the Fairfax tenant to vacate for at least thirty (30) days;
  5. Owner move-in eviction or relative move-in eviction;
  6. Ellis Act Eviction;
  7. The Fairfax tenant accepts a buyout from the landlord; and,
  8. The landlord terminates a temporary tenancy, provided:
    1. The landlord previously occupied the Fairfax unit as their primary residence;
    2. The Fairfax tenant’s lease term does not exceed twelve (12) months;
    3. The written lease agreement specifies that the landlord has the right to recover the unit for use as their primary residence; and,
    4. The Fairfax tenant receives, at their temporary tenancy’s inception, written notice that includes the tenancy length and that the landlord may terminate the tenancy at the end of the temporary tenancy period. Please note that the landlord need not provide relocation payments when a Fairfax tenant is displaced under this just cause reason for eviction. Fairfax Town Code § 5.54.030.

What Requirements Must the Landlord Comply Before Filing an Eviction Action Based on the Fairfax Tenant’s Alleged Breach Regarding Subletting or Occupancy Limit?

Before filing an eviction based on the Fairfax tenant’s alleged breach regarding subletting or occupancy limits, the landlord must:

  1. Serve the Fairfax tenant written notice of the alleged violation;
  2. Provide the Fairfax tenant fourteen (14) days to cure the alleged violation;
  3. Accept the Fairfax tenant’s written request to add occupants or by any other reasonable method, even when performed after the landlord serves written notice of the alleged violation. Fairfax Town Code § 5.54.030.

Under the Fairfax Rent Ordinance, Is the Fairfax Tenant’s Arrest or Conviction, or Other Justice-Involved Facts Evidence of Nuisance?

No, the fact that a Fairfax tenant has been arrested or convicted of a crime, has been the victim of a crime, or contract the police is not evidence of nuisance. Fairfax Town Code § 5.54.030.

Under the Fairfax Rent Ordinance, Do Fairfax Tenants Evicted Under Owner Move-In Evictions, Relative Move-In Evictions, and Temporarily Evicted for Substantial Repairs Have A Right to Reoccupy the Unit?

Yes, Fairfax tenants have a right to reoccupy their home should the Fairfax rental unit return to the rental market. Fairfax Town Code § 5.54.030. The return tenancy must include the same terms as the original tenancy and the rent shall be the same as the rent the Fairfax tenant paid at the time of the notice of termination of tenancy.

For temporary evictions for substantial repairs, the landlord must notify the Fairfax tenant at least sixty (60) days before the Fairfax unit becomes available to reoccupy. The Fairfax tenant has thirty (30) days to notify the landlord of their intent to reoccupy their home. If the Fairfax tenant elects to reoccupy their home, the landlord must hold the unit, at no cost to the Fairfax tenant, for up to sixty (60) days from the date the Fairfax tenant indicates they intend to reoccupy the home.

Does the Fairfax Rent Ordinance Protect Educators and Students?

Yes, the Fairfax Rent Ordinance protects educators and students. Fairfax Town Code § 5.54.030. A notice of termination of tenancy for an owner move-in eviction, relative move-in eviction, or temporary eviction for substantial repairs is invalid where:

  1. A child under eighteen (18) or an educator resides in or is a tenant in the unit or has a custodial or family relationship with a tenant in the unit;
  2. The tenant has resided in the unit for at least twelve (12) months; and,
  3. The expiration of the notice of termination of tenancy falls during the school year.

The Fairfax Rent Ordinance defines educator as, “[a]ny person who works at a school in Marin County as an employee or independent contractor…”. Fairfax Town Code § 5.54.020.

The Fairfax Rent Ordinance defines school year as, “[t]he first day of instruction for the Fall Semester through two weeks after the last day of instruction for the Spring Semester…” Fairfax Town Code § 5.54.020. This includes teachers, classroom aides, administrators, administrative staff, counselors, social workers, psychologists, school nurses, speech pathologists, custodians, security guards, cafeteria workers, community relations specialists, child welfare and attendance liaisons, and learning support consultants.

Is My Unit Covered Under the Fairfax Rent Ordinance Just Cause for Eviction Protections?

Nearly every unit within the Town of Fairfax is protected by the Fairfax Rent Ordinance’s just cause for eviction protections. The Fairfax Rent Ordinance defines rental unit as, “[a]ny building, structure, or part thereof…rented or offered for Rent for residential purposes…”. Fairfax Town Code § 5.54.020. The Fairfax Rent Ordinance covers unpermitted and unlawful units. Further, where the landlord rents rooms in a unit or home individually, each room constitutes a single rental unit for purposes of the Fairfax Rent Ordinance. The Fairfax Rent Ordinance also covers Fairfax units in single room occupancy residential hotels and live-work spaces, regardless of legally permitted use. Fairfax Town Code § 5.54.030.

The Fairfax Rent Ordinance’s just cause for eviction protection provisions do not cover every rental unit in the Town of Fairfax. The Fairfax Rent Ordinance exempts the following rental units from its just cause for eviction protections:

  1. Fairfax units in hotels, motels, and inns, except where the occupant resides in the room for thirty (30) or more days;
  2. Fairfax units in hospitals, convents, monasteries, extended medical care facilities, non-profit homes for the aged, or dorms that are solely owned and operated by a post-high school accredited educational institution;
  3. Fairfax units owned, operated, and managed by the government, provided the applicable law or regulation exempts such units from municipal rent stabilization laws;
  4. Fairfax units that are part of an affordable housing agreement or regulation, as defined by California Health & Safety Code section 50053. Fairfax Town Code § 5.54.030.

What Documents Must My Landlord Provide to Terminate my Tenancy?

Under state law and the Fairfax Rent Ordinance, a landlord may only terminate a tenancy by serving the tenant with written notice. For tenants who have resided in their home for less than a year, the landlord need only provide 30 days written notice. California Civil Code § 1946. For tenants who have resided in their home for a year or more, the landlord must provide 60 days written notice. Id. However, where a tenant is at fault, for example by committing nuisance, not paying rent, or remaining in breach of the lease, the landlord need only provide a three-day notice to cure or quit. California Code of Civil Procedure § 1161. If, at the expiration of the three-day notice, the landlord believes the tenant has not cured the defect, the landlord may initiate an unlawful detainer or eviction action in court.

The landlord must also state the just cause reason for the termination on the termination of tenancy notice. Fairfax Town Code § 5.54.030.

If the landlord believes that the Fairfax tenant is exempt from the Fairfax Rent Ordinance, the notice of termination of tenancy must state:

  1. The Fairfax unit is exempt from the Fairfax Rent Ordinance;
  2. The Fairfax unit is covered by one of the exemptions set forth above and list the exemption. Fairfax Town Code § 5.54.030.

Where the landlord fails to comply with the two (2) above requirements, the notice of termination is likely invalid and a complete defense to an eviction lawsuit, should the Fairfax tenant remain in their home. Fairfax Town Code § 5.54.030.

Where the just cause for eviction is based upon an owner move-in eviction, relative move-in eviction, or temporary eviction for substantial repairs, the corresponding notice of termination of tenancy shall state the Fairfax tenant’s lawful rent in effect at the time of the termination of tenancy. Fairfax Town Code § 5.54.030.

Where the just cause for eviction is based upon an alleged breach of the lease, nuisance, or failure to provide access to the Fairfax unit, the notice of termination of tenancy shall include written warnings attached including the following information:

  1. Notice that the Fairfax tenant’s failure to cure the alleged violation may result in the commencement of an eviction action;
  2. Notice that the Fairfax tenant has a right to request a reasonable accommodation for disability;
  3. The Fairfax Town Manager’s contact number;
  4. Sufficient details allowing a reasonable person to comply and cure the alleged violation; and,
  5. Any information necessary to determine the date, time, place, witnesses present, and other circumstances concerning the reason for the Fairfax tenant receiving the written warning. Fairfax Town Code § 5.54.030.

Where the just cause for eviction is based upon a temporary eviction to allow substantial repairs, the notice of termination of tenancy must include:

  1. Notice informing the Fairfax tenant of their right to relocation payments under the Fairfax Rent Ordinance;
  2. The statement, “When the needed repairs are completed on your unit, the Landlord must offer you the opportunity to return to your unit with a Rental Agreement containing the same terms as your original one and with the same rent;”
  3. A description of the repairs to be completed and the approximate expected duration of the repairs. Fairfax Town Code § 5.54.030.

Further, where the landlord owns other vacant residential rental units in Fairfax with the same number of bedrooms or fewer than the Fairfax tenant’s home, the landlord must notify the Fairfax tenant in writing of each unit and provide their address. The landlord must offer the Fairfax tenant the right to temporarily lease one of the available vacant Fairfax rental units at a rental rate that is the lesser of either the lawful rent that may be charged for the available rental unit or the lawful rent in effect at the time of the notice of termination of tenancy of the Fairfax tenant’s home. The temporary lease agreement lease term shall be ninety (90) days or until completion of repairs of the Fairfax tenant’s home.

Under the Fairfax Rent Ordinance, the landlord must file a copy of any notice of termination served on a Fairfax tenant with the Fairfax town manager within three (3) days after serving the notice. Fairfax Town Code § 5.54.030.

Generally, the written termination of tenancy notice must minimally include:

  • The just cause reason for the termination;
  • The unit address;
  • The name of all tenants;
  • 3/30/60/120 day of notice period;
  • For Ellis Act demolition evictions & temporary eviction for substantial repairs, all applicable demolition permits;
  • For owner move-in evictions, the name and address of the owner who will occupy the unit;
  • For relative move-in evictions, the qualified relative’s name, address, and relationship to the landlord;
  • For temporary evictions for substantial repairs, all necessary permits;
  • For nuisance and breach of lease evictions, all prior written warning notices; and,
  • For temporary eviction notices, a completed notice of entitlement to a temporary relocation payment form that includes a summary of intended substantial repairs and a notification of the tenant’s right of first refusal to return to the completed unit, a rent differential payment form, and a permanent relocation payment form.

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

For owner move-in evictions, relative move-in evictions, Ellis Act evictions, and temporary evictions for substantial repairs, 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.

Fairfax tenants displaced for thirty (30) days or fewer, the landlord shall immediately make short-term relocation payments, unless the Fairfax tenant declines. Fairfax Town Code § 5.54.050. If the Fairfax tenant elects to receive short-term relocation assistance, they are still required to pay the rent while displaced from their home. If the Fairfax tenant elects to forgo short-term relocation assistance, the Fairfax tenant is not required to pay rent until reoccupying their home. Should the displacement exceed the initial estimate, the landlord shall pay, on a weekly basis, additional short-term relocation assistance for each additional day the Fairfax tenant spends displaced from their home.

Short-term relocation assistance under the Fairfax Rent Ordinance is set as follows:

  • $168.15 per household for hotel or motel accommodations;
  • $33.85 per occupant for meals;
  • $1.12 per household for laundry; and,
  • $32.73 per cat and $58.69 per dog as pet accommodations. Fairfax Town Code § 5.54.050.

What Are the Fairfax Rent Ordinance’s Statute of Limitations?

The statute of limitations for violations of the Fairfax Rent Ordinance is three (3) years. Fairfax Rent Ordinance § 5.54.030.

What Damages May Fairfax Tenants Recover for Landlord Violations of the Fairfax Rent Ordinance?

The Fairfax Rent Ordinance contains a private right of action for landlord violations. 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 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.