With approximately 18,100 residential rental units, the City of Concord is home to thousands of tenants.  Many suffer pressure due to California housing crisis’s deleterious impacts perpetrated by unscrupulous landlords, including receiving exorbitant rent increases, landlord harassment, and suffering forced displacements from their homes.  With these adverse consequences in mind, the City of Concord passed the Concord Residential Tenant Protection Program (“Concord Rent Ordinance”) to provide heightened tenant protections that often supplant the California Tenant Protection Act of 2019’s (“California Rent Control”) baseline protections.  The Concord Rent Ordinances protects Concord tenants by offering a strong rent control provision, providing more tenants with just cause for eviction protections, requiring landlords offer Concord tenants written lease agreements with one-year terms, and increased relocation assistance for certain Concord tenants.  With these critical tenant protections in place, Concord tenants gain stability, just rental terms, and a stronger tenant community.

California Rent Control may protect Concord tenants not covered by the Concord Rent Ordinance.  Click here to learn about the tenant rights provided by California Rent Control (AB 1482).

To learn more about the Concord Rent Ordinance, continue reading or contact Astanehe Law to discuss your tenant rights and options with a tenant attorney.

Concord Rent Control

The Concord Rent Ordinance’s rent control protections (“Concord Rent Control”) protect tenants by limiting rent increases to reasonable amounts per year.  For units covered by Concord Rent Control, the landlord may not increase the rent in an amount no more than sixty percent (60%) of the percentage increase in CPI published and reported for the twelve-month period ending as of April of the immediately preceding year, provided the annual increase does not exceed three percent (3%).  Concord Municipal Code § 19.40.040.  The landlord must round the rent increase to the nearest one-quarter of a percent (.25%).  Where the percentage change in the CPI is negative, the allowable annual increase shall be zero percent (0%).  Concord tenants may only receive one allowable annual rent increase and one fair return rent increase (discussed below) in any twelve (12) months.

What Units Does Concord Rent Control Cover? 

Only covered rental units are subject to Concord Rent Control.  Concord Municipal Code § 19.40.020.  Specifically, Concord Rent Control 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;
10. Concord units that are expressly exempt under state or federal law, including Concord units built after February 1, 1995;
11. Single-family homes and Concord condominium units, but not mobile homes;
12. Concord affordable housing units for persons or families of very low, low, or moderate income. Concord Municipal Code § 19.40.020(a), (b).

Under Concord Rent Control, How Much Can the Landlord Increase the Rent?

For units covered by Concord Rent Control, the landlord may not increase the rent in an amount no more than sixty percent (60%) of the percentage increase in CPI published and reported for the twelve-month period ending as of April of the immediately preceding year, provided the annual increase does not exceed three percent (3%).  Concord Municipal Code § 19.40.040.  The landlord must round the rent increase to the nearest one-quarter of a percent (.25%).  Where the percentage change in the CPI is negative, the allowable annual increase shall be zero percent (0%).  Concord tenants may only receive one allowable annual rent increase and one fair return rent increase (discussed below) in any twelve (12) months.

To calculate a permissible rent increase, Concord tenants must multiply their base rent by the allowable rent increase percentage.

How Do Concord Tenants Calculate Their Concord Rent Control Base Rent?

Concord Rent Control defines base rent three (e) ways.  For tenancies commenced on or before January 12, 2023, the base rent is the rent in effect on January 12, 2023, plus the initial allowable annual rent increase.  Concord Municipal Code § 19.40.010(c)(4).  For tenancies commenced after January 12, 2023, but prior to April 2024, the base rent is the rent charged upon initial occupancy plus the initial allowable annual rent increase.  For tenancies commenced after April 2024, the base rent is the rent charged upon initial occupancy. 

Does Concord Rent Control Limit the Number of Rent Increases A Landlord May Serve Per Year?

Yes, Concord Rent Control limits the landlord to one rent increase per twelve months.  Concord Municipal Code § 19.40.040.

Does Concord Rent Control Permit Rent Increase Banking?

No, Concord Rent Control prohibits rent increase banking.  Concord Municipal Code § 19.40.040(f).  A landlord that fails to impose an allowable annual rent increase in the applicable twelve (12) month period automatically waives that allowable annual rent increase for the remainder of the Concord tenant’s tenancy.

Can The Landlord Petition the City of Concord for an Increase Larger Than the Allowable Annual Rent Increase?

Yes, Concord Rent Control provides landlords with the ability to petition the City of Concord for a fair return rent increase.  Concord Municipal Code § 19.40.050.  Landlords that believe they are not receiving a fair return on their property may submit a Fair Return petition to the City to request an increase in rent beyond the rent increase permitted by Concord Rent Control.

To obtain a Fair Return Rent Increase, the Concord tenant must receive written notice of the increase pursuant to California Civil Code section 827, attend a hearing with conducted by a hearing officer appointed by the City of Concord to hear the petition and render a final decision on the merits provided by the Concord Rent Ordinance.  Concord Municipal Code § 19.40.050.  The hearing officers determination shall be final and not appealable to the Concord City Counsel.  Instead, any party seeking review may due so in the California Superior Court system by filing a Writ of Mandate.

The Concord Rent Ordinance’s Just Cause for Eviction Protections

The Concord Rent Ordinance’s eviction protections keep Concord tenants housed by limiting evictions to scenarios where the landlord has an enumerated just cause reason to terminate a tenancy.  Concord landlords shall not terminate a tenancy unless they fulfill their Concord Rent Ordinance obligations.  Chiefly, the landlord must inform the tenant, in writing, of the just cause reason for the termination when terminating a tenancy.  After serving the tenant with the written notice of termination of tenancy, the landlord must file a copy with the City of Concord.  A termination of tenancy notice that fails to comply with the Concord Rent Ordinance is unlawful and void.

Are Property Managers Covered Under the Concord Rent Ordinance?

Yes, property managers are covered under and must comply with the Concord Rent Ordinance.  Concord Municipal Code § 19.40.010(C)(20).

Does the Concord Rent Ordinance’s Just Cause for Eviction Protections Cover My Tenancy?

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; and,
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).

How Long Must I Reside in my Rental Unit to Gain Concord Rent Ordinance Just Cause for Eviction Protections?

No minimum occupancy requirement as to time exist to gain the just cause for eviction protections under the Concord Rent Ordinance.  The law applies to all non-exempt units at the commencement of the tenancy.

What Are the Just Cause Reasons a Landlord May Terminate a Concord Tenant’s Tenancy Under the Concord Rent Ordinance?

Under the Concord Rent Ordinance, a landlord may only terminate a Concord tenant’s tenancy for fifteen (15) enumerated reasons.  Concord Municipal Code § 19.40.070.  The just cause reasons are:

1. The Concord tenant’s failure to pay rent;
2. The Concord tenant’s material lease violation;
3. The Concord tenant creates a nuisance;
4. The Concord tenant commits waste;
5. Provided the Concord tenant has a preexisting written lease, the Concord tenant refuses to execute a written lease extension or renewal for an additional term of similar duration with similar provisions;
6. The Concord tenant permits criminal activity in their unit or in the common areas;
7. The Concord tenant assigns or sublets their unit in violation of the lease agreement;
8. The Concord tenant refuses to allow the landlord to enter the unit as authorized by California Civil Code sections 1101.5 and 1954 and California Health and Safety Code sections 13113.7 and 17926.1;
9. The Concord tenant uses their unit for an unlawful purpose as described by California Code of Civil Procedure section 1161(4);
10. After ceasing work for the landlord, the Concord tenant fails to vacate their unit after termination;
11. The Concord tenant fails, after providing written notice to the landlord, fails to deliver possession of the renal unit under California Civil Code section 1946 or California Code of Civil Procedure section 1161;
12. The landlord seeks to recover possession of the Concord tenant’s unit to effectuate an owner move-in or relative move-in;
13. The landlord seeks to recover possession of the Concord tenant’s unit to effectuate an Ellis Act eviction;
14. The landlord seeks to recover possession of the Concord tenant’s unit pursuant to a government agency or court order; and,
15. The landlord seeks to recover the Concord tenant’s unit for a demolition or substantial remodeling. Concord Municipal Code § 19.40.070.

Must Landlords Provide Concord Tenants With Notice Regarding Their Right to Just Cause for Eviction Protections?

Yes, under the Concord Rent Ordinance, landlords must serve Concord tenants with notice, either as a written notice signed by the Concord tenant or as an addendum to a rental agreement.  Concord Municipal Code § 19.40.100.  For separate notices, the landlord must provide the Concord tenant with a copy.  The notification or provision in the written rental agreement shall be printed in at least twelve (12) point font size and be written in English and Spanish.  It must state the following:

Concord law limits the amount your rent can be increased. See Chapter 19.40 of the Concord Municipal Code for more information. Concord law also provides that, a Landlord must provide a statement of cause in any notice to terminate a Tenancy. See Section 19.40 070 of the Concord Municipal Code for more information. In addition, City of Concord Municipal Code Sections 19.40.070(e) and 19.40.080 provide tenants evicted on a no-fault basis with the right to return to the Tenant’s original Covered Rental Unit if such Covered Rental Unit is returned to the market, and the right to relocation assistance and a moving stipend; see City of Concord Municipal Code Sections 19.40.070(e) and 19.40.080 for more information.

City of Concord Municipal Code Section 19.40.090 provides tenants with the right to written leases and minimum lease terms. Landlords must offer tenants the option to enter into a one (1) year written lease. If a tenant declines a one (1) year written lease, the landlord must offer that tenant the option to enter into a six (6) month written lease. It is the tenant’s choice whether or not to enter into such a written lease with a landlord. If tenant rejects the initial offers of a written lease with a minimum lease term of 12 or 6 months, the tenant and landlord may enter into a written lease with a term of fewer than 6 months. See City of Concord Municipal Code Section 19.40.090 for more information.

The landlord may provide a copy of the notice to the Concord tenant electronically with the initial application or serving the written rental agreement.

What Requirements Must the Landlord Satisfy to Terminate A Tenancy Under the Concord Rent Ordinance?

Yes, to terminate a Concord tenant’s tenancy, the landlord must comply with all of the following:

1. Serve a written notice informing the Concord tenant that the landlord seeks to terminate the tenancy for at least one (1) of the fifteen (15) enumerated just cause reasons to terminate a tenancy under the Concord Rent Ordinance;
2. The landlord has not accepted and will accept rent beyond the term of the terminated tenancy; and,
3. The landlord expressly states that the termination of tenancy is for one of the enumerated just cause reasons for eviction in the Concord Rent Ordinance.Concord Municipal Code § 19.40.070.

Owner Move-In Evictions & Relative Move-In Evictions Under the Concord Rent Ordinance

Under the Concord 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 qualified relative must actually intend to move into the rental unit to terminate the tenancy.   Their failure to comply with the Concord Rent Ordinance following an owner move-in 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 twenty-four (24) consecutive months within ninety (90) days of the Concord tenant vacating.  Concord Municipal Code § 19.40.070(d)(1).  Under the Concord Rent Ordinance, qualified relatives include the landlord’s parent, children, spouse, or registered domestic partner, grandparent, or grandchild.  Concord Municipal Code § 19.40.010(c)(21).

What Restrictions Prohibit the Landlord from Performing an Owner Move-In Eviction Relative Move-In Eviction to Remove the Concord Tenant?

Under the Concord Rent Ordinance, the landlord may not perform an Owner Move-In Eviction or Relative Move-In Eviction where the landlord or qualified family member already occupy a unit at the property.  Concord Municipal Code § 19.40.070(d)(1)(a).

To terminate a tenancy, the landlord must be:

1. A natural person that has a twenty-five percent (25%) ownership interest in the property;
2. A natural person who has any ownership interest in the property if one hundred percent (100%) of the ownership interest is divided amongst family owners that are siblings, spouses, domestic partners, children, parents, grandparents, or grandchildren; or,
3. Natural persons whose ownership interests in the property is owned through a limited liability company or partnership. Concord Municipal Code § 19.40.070(d)(1)(d).

What Information Must Concord Landlords Include on an Owner Move-In Eviction or Relative Move-In Eviction Termination of Tenancy Notice?

As is required by California law, 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 Concord Rent Ordinance’s just cause for eviction protections, the written termination of tenancy notice must include the following information:

1. Serve a written notice informing the Concord tenant that the landlord seeks to terminate the tenancy for at least one (1) of the fifteen (15) enumerated just cause reasons to terminate a tenancy under the Concord Rent Ordinance;
2. The landlord has not accepted and will accept rent beyond the term of the terminated tenancy; and,
3. The landlord expressly states that the termination of tenancy is for one of the enumerated just cause reasons for eviction in the Concord Rent Ordinance. Concord Municipal Code § 19.40.070.

Where the landlord seeks to terminate a tenancy to effectuate an owner move-in eviction or relative move-in eviction, the notice of termination of tenancy must contain the name and, for relative move-in evictions, the relationship to the landlord of the intended occupant.  Concord Municipal Code § 19.40.070.  Additionally, the written notice must include notice that the Concord tenant may request proof that the intended occupant is a landlord or the landlord’s family member. 

What Concord Tenants are Protected from Owner Move-In Evictions & Relative Move-In Evictions?

Under the Concord Rent Ordinance, certain tenants are protected from Concord owner move-in evictions and Concord relative move-in evictions.  These tenants are senior, disabled, or terminally ill Concord tenants.  Concord Municipal Code § 19.40.070(d)(1)(e).  The landlord may not terminate a senior, disabled, or terminally ill tenants tenancy pursuant to the owner move-in or relative move-in eviction where that tenant has resided in their home for at least three (3) years.  However, where the landlord or the qualified family member that will occupy the recovered rental unit is either a senior, disabled, or terminally ill tenant, and no other vacant units are available at the property, the landlord may terminate the Concord tenant’s tenancy pursuant to an owner move-in eviction or relative move-in eviction.

Under the Concord Rent Ordinance, a senior tenant is a Concord tenant who is at least sixty-two (62) years old.  Concord Municipal Code § 19.40.010(c)(32).  A disabled tenant is a Concord tenant that has any mental or physical disability as defined in Government Code section 12955.3.  Concord Municipal Code § 19.40.010(c)(11).  A terminally ill tenant is a tenant who has a terminal disease as defined by California’s End of Life Option Act as any, “incurable and irreversible disease that has been medically confined and will, within reasonable medical judgment, result in death within six (6) months” and which is verified in writing by the Concord tenant’s medical care provider.  Concord Municipal Code § 19.40.010(c)(37).

Finally, Concord tenants are required to written notification of their right to relocation assistance at the time of service of the termination of tenancy notice.  Concord Municipal Code § 19.40.080(a)(1).  Further, each termination of tenancy notice must include a self-addressed stamped postcard, as set forth by Concord, on which the Concord tenant may indicate, under penalty of perjury, whether they or another Concord tenant in the unit are a Protected Tenant (Low-Income, Disabled, Senior, Terminally Ill, School-Aged Children).

Are Concord Tenants With School Aged Children Protected From Owner Move-In Evictions & Relative Move-In Evictions During the School Year?

Yes.  The Concord Rent Ordinance prohibits owner move-in evictions and relative move-in evictions during the school year where a school aged child resides in the unit with the Concord Tenant.  Concord Municipal Code § 19.40.070(f).  Where the landlord violates this prohibition, the Concord tenant has thirty (30) days to submit a statement with supporting evidence to the landlord claiming to have a school age child residing in the unit.  Should the landlord wish to challenge the protected status claim, they must file an unlawful detainer (eviction) proceeding.

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

Where an owner or relative fails to move into a unit obtained pursuant to an owner move-in or relative move-in eviction notice within ninety (90) days of the Concord tenant moving out or fails to reside in the unit continuously for twenty-four months, the Concord Rent Ordinance mandates severe consequences.  Concord Municipal Code § 19.40.070(e)(1).  The landlord must reimburse the Concord tenant for reasonable moving expenses and pay up to three (3) months’ rent.  Additionally, the landlord must rent the unit at the rent in effect at the time when the landlord served the termination of tenancy notice – notwithstanding any permissible rent increases under the Concord Rent Ordinance – including where the displaced Concord tenant reoccupies their former home.

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

 Ninety (90) days.  Concord Municipal Ordinance § 19.40.070(d)(1)(c). 

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

Twenty-four (24) consecutive months.  Concord Municipal Ordinance § 19.40.070(d)(1)(c). 

Ellis Act Evictions Under the Concord Rent Ordinance

Under the Concord Rent Ordinance, landlords can evict all tenants from a rental property and 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 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.

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.

How Much Relocation Assistance are Concord Tenants Entitled Where the Landlord Invokes A Concord Ellis Act Eviction or Performs an Owner Move-In Eviction or Relative Move-In 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).

Does the Concord Rent Ordinance Regulate Security Deposits?

The Concord Rent Ordinance orders landlords to refund Concord tenants their security deposits pursuant to California Civil Code section 1950.5.  Concord Municipal Code § 19.40.080(a)(2)(e).  Other than slackly referring to the Civil Code, the Concord Rent Ordinance does not regulate security deposits.

May Concord Tenants Waive Their Rights Under the Concord Rent Ordinance?

No, Concord tenants cannot be forced to waive their rights under the Concord Rent Ordinance.  Concord Municipal Code § 19.40.130.

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.

Last updated: February 28, 2024

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