Under the Concord Rent Ordinance, Concord tenants are under the constant threat of eviction so their landlord can remove the property from the residential rental housing market.  Concord Municipal Code § 19.40.070(d)(2).  Despite being a lawful just cause for eviction under the Concord Tenant Protection Act’s just cause for eviction protection provisions, the landlord must still follow strict rules to evict and following evicting Concord tenants from their homes to effectuate an Ellis Act eviction.  As with Concord Owner Move-In Evictions and Concord Relative Move-in Evictions, a landlord’s failure to comply with the Concord Rent Ordinance may result in the Concord tenant having a claim for wrongful eviction.

What is a Concord Ellis Act Eviction?

California law allows landlords to permanently remove a residential rental property from the housing market.  California Government Code § 7060, et seq.; Concord Municipal Code § 19.40.070(d)(2).  The Ellis Act permits landlords to evict simultaneously all Concord tenants from the residential building to remove the property from the rental market for a minimum of twelve (12) months.  Concord Municipal Code § 19.40.070(d)(2)(e).  The Ellis Act is generally used to change a building’s use into condominiums, prospective demolitions, or the landlord’s personal use.

What Type of Units are Susceptible to Concord Ellis Act Evictions? 

The Concord Rent Ordinance’s Ellis Act provisions only covers specific rental units.  Specifically, the Concord Rent Ordinance’s just cause for eviction protections covers all residential rental units, except:

1. Units in hotels and motels, which are facilities providing guest rooms to the public for transient lodging;
2. Institutional facilities, including in hospitals, religious facilities, extended care facilities, licensed residential care facilities for the elderly, or adult residential facilities;
3. Dormitories owned and operated by higher education institutions, or any school offering education in kindergarten through the twelfth grade;
4. Housing owned by a public agency or authority or government owned housing that is specifically exempted by law or regulation;
5. Units where the property owner resides at the property as their principal residence and shares bathroom or kitchen facilities with the Concord tenant;
6. Emergency shelters, and homeless shelters;
7. Residential facilities;
8. Accessory dwelling units;
9. A property with two (2) separate dwelling units within a single structure in which the owner occupied, as their principal place of residence, at the beginning of the tenancy, continues in occupancy, and neither unit is an accessory dwelling unit or junior accessory dwelling unit.  Concord Municipal Code § 19.40.020(a).

Click here to read more about the Concord Ellis Act Evictions.

How Many Days’ Notice Are Concord Tenants Entitled to Receive When the Landlord Invokes the Ellis Act Eviction to Terminate the Tenancy? 

To evict Concord tenants using the Ellis Act Eviction procedure under the Concord Rent Ordinance, the landlord must provide every Concord tenant in the building at least one-hundred-and-twenty (120) days’ notice prior to the date the landlord intends to take the building off of the residential rental market.  Concord Municipal Code § 19.40.070(d)(2)(b).

Are Senior or Disabled Tenants Entitled to Additional Notice Where the Landlord Invokes the Concord Ellis Act?

Yes, certain senior or disabled tenants are entitled to additional notice where the landlord invokes the Concord Ellis Act.  Specifically, senior or disabled tenants that have resided in a covered rental unit for one (1) year prior to the Concord landlord’s notice of intent to withdraw are entitled to one (1) years notice from the date of delivery of the Ellis Act termination of tenancy notice.  Concord Municipal Code § 19.40.070(d)(2)(d).  To assert the right to additional notice, the Concord tenant must inform their landlord in writing of their protected tenant status within sixty (60) days receipt of the Ellis Act termination of tenancy notice.

Must the Landlord Tender a Concord Ellis Act Eviction Termination of Tenancy Notice in Writing?

 Yes, Concord tenants must receive a written termination of tenancy notice providing at least one-hundred-and-twenty (120) days advanced notice that the landlord seeks to evict to perform a Concord Ellis Act Eviction.  Concord Municipal Code § 19.40.070(d)(2)(b).  The Notice must contain the following information:

1. The landlord is evicting the Concord tenant pursuant to Concord Municipal Code section 19.40.070(d)(2);
2. That within thirty (30) days of receipt of the notice to terminate, the Concord tenant may notify the landlord in writing that they are interested in re-renting the unit if it becomes available in the future and also advising the Concord tenant to notify their landlord of future address changes;
3. A general description of the Concord tenant’s right to relocation assistance and any other rights to which the Concord tenant is entitled under the Concord Ellis Act;
4. Any other information required pursuant to California Civil Code section 7060.4.; and,
5. A self-addressed stamped postcard on which the Concord tenant may indicate, under penalty of perjury, whether they or another Concord tenant in the unit are disabled or a senior. Concord Municipal Code § 19.40.070(d)(2)(c).

What Happens if the Landlord Re-rents the Property to New Tenants within Twelve Months of Invoking a Concord Ellis Act Eviction?

As stated above, the landlord must not re-rent any unit at the property for at least twelve (12) months after performing a Concord Ellis Act Eviction.  Concord Municipal Code § 19.40.070(d)(2)(e).  Where the landlord fails to abide by this law, any displaced Concord tenant will have suffered a wrongful eviction due to the landlord’s fraudulent performance of a Concord Ellis Act eviction.  The Concord tenant may initiate a civil lawsuit for money damages due to the wrongful eviction.

May Concord Landlords Perform Ellis Act Evictions During the School Year?

 No.  Concord Municipal Code § 19.40.070(f).  Concord landlords may not perform Ellis Act evictions during the school year provided a school aged child resides in the home.  Should this happen, the Concord tenant has thirty (30) days from the service of the Ellis Act termination of tenancy notice inform their landlord that a school age child lives in the home and provide supporting proof.  The Concord tenant’s failure to provide the requisite notice shall be deemed an admission that the Concord tenant is not protected from eviction due to the presence of a school age child.  Should the landlord wish to challenge the Concord tenant’s assertion that they are protected from an Ellis Act eviction during the school year, they must file an unlawful detainer (eviction) proceeding.

How Much Relocation Assistance are Concord Tenants Entitled Where the Landlord Invokes A Concord Ellis Act Eviction?

The Concord Rent Ordinance provides tenants with relocation assistance for certain no-fault termination of tenancies, including Ellis Act.  Concord Municipal Code § 19.40.080.  Every Concord tenant household is entitled to a base relocation payment.  Households with protected tenants (Low-Income, Disabled, Senior, Terminally Ill, School-Aged Children) are entitled to Protected Tenant Relocation Assistance payable to the entire Concord rental unit.  For Concord owner move-in evictions and relative move-in evictions, the landlord must provide relocation payments as follows:

Concord tenants must receive one half of their total relocation assistance payment within fifteen (15) days of service of the termination of tenancy notice.  The remaining portion must be tendered in cash no later than the date the Concord tenant vacates their home.

In addition to the relocation assistance, Concord tenants are entitled to a $3,000 moving stipend, which the landlord must provide no later than the date the Concord tenant vacates their home.  Concord Municipal Code § 19.40.080(a)(2)(d).

Can the Landlord Perform a Concord Ellis Act Eviction on Only Certain Units in the Building?

No, the landlord must evict every unit in the building if they seek to evict by performing a Concord Ellis Act Eviction.  Concord Municipal Code § 19.40.070.  Where only certain Concord tenants receive a termination of tenancy notice under the Concord Tenant Protection Act, the Concord Ellis Act eviction is invalid.

What Can Concord Tenants Do When Their Landlord Abuses the Concord Ellis Act Eviction Law?

Concord tenants facing landlord Ellis Act eviction abuse may contact the City Attorney’s office by phone or email.  Additionally, they may initiate a civil lawsuit for money damages against their landlord.  This includes tenants suffering harassment or retaliation for fighting back against their landlords abuse of a Concord Ellis Act Eviction or where the Concord tenant has suffered a wrongful eviction related to a fraudulent Concord Ellis Act Eviction.

To discuss the Concord Rent Ordinance, Concord Ellis Act Evictions, Concord Owner Move-In Evictions and Relative Move-In Evictions, or California Rent Control (AB 1482), contact Astanehe Law, including phone or email to speak with a tenant attorney.