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Under the San José Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in eviction or a relative move-in eviction, which requires the owner or relative to reside in the unit as their primary residence following the eviction.  Despite being a lawful just cause for eviction under the San José Rent Ordinance, the owner, or their qualified relative, must adhere to strict rules following the eviction.  An owner’s failure to comply with the San José Rent Ordinance following an owner or relative move-in eviction may result 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, honest intent, and without ulterior motive for their own, or a qualified relative’s, use and occupancy as their principal place of residence for at least thirty-six consecutive months within three months of the San José tenant vacating.  San José Municipal Ordinance § 17.23.1250.  Under the San José Rent Ordinance, qualified relatives include the owner’s spouse, domestic partner, parent(s), children, or siblings.

Additional Requirement for Relative Move-In Evictions

To effectuate a relative move-in eviction, the qualified relative must not only be the owner’s spouse, domestic partner, parent(s), children, or sibling, but the unit for the qualified relative must be located in the same building as the owner’s principal residence and no other unit in the building is vacant.  San José Municipal Code § 17.23.1250.

What Information Must San José Landlords Include on an Owner Move-In/Relative Move-In Termination of Tenancy Notice?

As always, landlords must serve a written termination of tenancy providing for thirty or sixty days’ notice.  California Civil Code § 1946.1.  For units covered under the San José Rent Ordinance’s just cause for eviction protections, the written termination of tenancy notice must include the following information: For units covered under San José Rent Control, the San José Rent Ordinance places special requirements on landlords when serving San José tenants with termination of tenancy notices.  San José Municipal Code § 17.23.600. First, the landlord must provide the City of San José with a copy of the termination of tenancy notice within three days of service on the San José tenant.

What San José Tenants are Protected from Owner Move-In Evictions?

Unlike other jurisdictions and as of January 1, 2022, the San José Rent Ordinance does not protect form owner move-in or relative move-in evictions for senior, disabled, or minor occupants.

What Happens If the Owner or Qualified Relative Fail to Move Into an Owner Move-In Unit or Reside in the Unit for Thirty-Six Consecutive Months?

Where an owner or relative fails to move into a unit freed due to an owner move-in or relative move-in eviction notice within three months of the tenant moving out or fails to reside in the unit continuously for thirty-six months, a rebuttable presumption that the owner acted in bad faith arises.  San José Municipal Code § 17.23.1250.

Relocation Assistance Under the San José Rent Ordinance for Owner Move-In and Relative Move-In Evictions

The San José Rent Ordinance provides tenants with relocation assistance for certain no-fault termination of tenancies, including owner move-in and relative move-in evictions.  San José Municipal Code § 17.23.1250.  By law, the landlord must provide relocation assistance to the San José tenant concurrently with delivery of the written termination of tenancy notice.  A termination of tenancy notice that does not include required relocation assistance is unlawful and invalid. When served with a termination of tenancy notice for an owner move-in eviction or relative move-in eviction notice, San José tenants are entitled to relocation assistance of:
Studio One-Bedroom Two-Bedroom Three-Bedroom
Base Assistance $6,925 $8,400 $10,353 $12,414
Qualified Assistance $2,770 $3,360 $4,141 $4,966
Total Base & Qualified $9,695 $11,760 $14,494 $17,380

Following an Owner Move-In Eviction or Relative Move-In Eviction, How Long May an Owner Keep A San José Rental Unit Vacant? 

Three months.  San José Municipal Ordinance § 17.23.1250.

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

Thirty-six consecutive months.  San José Municipal Ordinance § 17.23.1250.

My Former Landlord May Have Violated the San José 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 or contact Astanehe Law to discuss the San José Rent Ordinance, owner move-in wrongful evictions, or California Rent Control.