The Fairfax Rent Ordinance, codified at Chapters 5.54 and 5.55 of the Fairfax Town Code has two principal components, eviction control, and rent control. The Fairfax Rent Ordinance’s eviction controls require a landlord to have just cause for eviction when evicting a tenant in a covered unit. The Fairfax Rent Ordinance’s rent control component limits annual rent increases to an amount set by the Fairfax Rental Board published annually. Fairfax tenants who suffer a deprivation of any right afforded by the Fairfax Rent Ordinance have actionable claims against their landlords for monetary damages.
To learn more about the Fairfax Rent Ordinance, continue reading or Contact Astanehe Law to discuss your rights and options with a tenant attorney.
Fairfax Rent Control
The Fairfax Rent Ordinance’s eviction control protections (“Fairfax Rent Control”) keep Fairfax tenants housed by limiting rent increases to reasonable amounts. For units protected by Fairfax Rent Control, the landlord may not increase the rent in an amount greater than an amount set by the Town of Fairfax, which the Town adjusts annually. Fairfax Rent Control defines this amount as the annual general adjustment. Alternatively, California Rent Control may protect Fairfax tenants not covered by Fairfax Rent Control or the Fairfax Rent Ordinance. Click here to learn about the tenant rights provided by California Rent Control (AB 1482).
What Units Are Covered Under Fairfax Rent Control?
Only controlled rental units are subject to Fairfax Rent Control. Fairfax Town Code § 5.55.020. Controlled rental units are all units in the Town of Fairfax, except:
- Fairfax rental units in hotels, motels, inns, or other units rented primarily to transients for fewer than thirty (30) days;
- Fairfax rental units in hospitals, convents, monasteries, extended medical care facilities, nonprofit homes for the aged, or university dorms solely owned and operated by an accredited post-high school institution;
- Fairfax rental units in government agency or authority owns, operates, or manages buildings, provided a law or regulation specifically exempts such units from municipal rent control;
- Fairfax rental units exempt from rent control due to Costa-Hawkins, which include single-family homes, condominiums, and all buildings constructed after February 1995. Please note that some of these units may be covered under California Rent Control;
- Private, for-profit care homes, assisted care facilities, and supportive housing; and,
- Fairfax rental units subject to affordable housing restrictions as defined by California Health & Safety Code section 50053. Fairfax Town Code § 5.55.030.
Under Fairfax Rent Control, How Much Can a Landlord Increase the Rent?
Each year, the Fairfax Rent Board announces the permissible annual adjustment. Fairfax Town Code § 5.55.080. The annual general adjustment typically takes effect on September 1st that year.
How Do Tenants Calculate Their Fairfax Rent Control Base Rent?
For tenancies existing on or before February 2, 2022, the rent in effect on that date shall become the base rent for purposes of Fairfax Rent Control. Fairfax Town Code § 5.55.080. If there was no base rent in effect on February 2, 2022, the base rent shall be the rent charged on the first date that landlord charges rent after February 2, 2022. That is, for tenancies created after February 2, 2022, the base rent shall be the initial rent charged for the Fairfax rental unit.
Are Fairfax Landlords Required to Post the Annual General Adjustment at the Fairfax Property?
Yes. Fairfax Town Code § 5.55.080. Fairfax landlords must post a notice setting for the annual general adjustment in a prominent place at the property.
Can a Tenant Petition the Town of Fairfax for a Lower Rent?
Yes, Fairfax tenants may petition the Town of Fairfax for a lower annual general adjustment. Fairfax Town Code § 5.55.080. In determining whether to decrease a Fairfax tenant’s rent, the hearing examiner may consider loss of services, habitability issues, substantial unit deterioration, the landlords failure to provide adequate housing services, or the landlord’s failure to comply substantially with housing, health, and safety codes.
How Much Notice is Required for a Fairfax Rent Control Rent Increase?
Usually, the landlord need only provide thirty (30) days’ notice. Fairfax Town Code § 5.55.080.
Are Fairfax Tenants Required to Pay a Direct Charge for Utilities?
No. Fairfax Town Code § 5.55.080. The landlord may not charge a Fairfax tenant for utility charges indirectly. The landlord may only pass on a utility charge to a Fairfax tenant where the utility service is separately or individually metered. Further, the utility must be registered to the Fairfax tenant, and not the landlord.
Does Fairfax Rent Control Permit Rent Increase Banking?
Presently, it is unclear if Fairfax Rent Control permits for rent increase banking.
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:
- The Fairfax tenant’s failure to pay rent;
- The landlord may not evict the Fairfax tenant for the alleged failure to pay rent when the following occurs:
- The landlord refuses to accept rent paid on the Fairfax tenant’s behalf by a third party;
- 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,
- 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.
- The landlord may not evict the Fairfax tenant for the alleged failure to pay rent when the following occurs:
- 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:
- The Fairfax tenant continues residing in the unit as their primary residence;
- 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;
- The Fairfax tenant makes a written request to sublease to the landlord;
- The landlord fails to respond to the Fairfax tenant’s written request to sublease within fourteen (14) days of receipt;
- Where the landlord refuses to permit the sublease, the landlord states the reason for the refusal;
- 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;
- 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;
- The Fairfax tenant’s continued nuisance or cause substantial damage to the unit, after receiving written notice to stop;
- The Fairfax tenant’s failure to provide reasonable access, without good cause, to the landlord, after receiving landlord’s written notice of entry;
- 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;
- Owner move-in eviction or relative move-in eviction;
- Ellis Act Eviction;
- The Fairfax tenant accepts a buyout from the landlord; and,
- The landlord terminates a temporary tenancy, provided:
- The landlord previously occupied the Fairfax unit as their primary residence;
- The Fairfax tenant’s lease term does not exceed twelve (12) months;
- The written lease agreement specifies that the landlord has the right to recover the unit for use as their primary residence; and,
- 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:
- Serve the Fairfax tenant written notice of the alleged violation;
- Provide the Fairfax tenant fourteen (14) days to cure the alleged violation;
- 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:
- 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;
- The tenant has resided in the unit for at least twelve (12) months; and,
- 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…”
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:
- Fairfax units in hotels, motels, and inns, except where the occupant resides in the room for thirty (30) or more days;
- 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;
- Fairfax units owned, operated, and managed by the government, provided the applicable law or regulation exempts such units from municipal rent stabilization laws;
- 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:
- The Fairfax unit is exempt from the Fairfax Rent Ordinance;
- 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:
- Notice that the Fairfax tenant’s failure to cure the alleged violation may result in the commencement of an eviction action;
- Notice that the Fairfax tenant has a right to request a reasonable accommodation for disability;
- The Fairfax Town Manager’s contact number;
- Sufficient details allowing a reasonable person to comply and cure the alleged violation; and,
- 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:
- Notice informing the Fairfax tenant of their right to relocation payments under the Fairfax Rent Ordinance;
- 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;”
- 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.
Owner Move-In Evictions Under the Fairfax Rent Ordinance
Under the Fairfax Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in eviction or relative move-in eviction, which requires the owner or relative to reside in the unit as their primary residence. Despite being a lawful just cause for eviction, the owner, or their qualified relative, must follow strict rules following the eviction. An owner’s failure to comply with the Fairfax Rent Ordinance following an owner or relative move-in eviction results 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 for use and occupancy as a primary residence by the landlord, or the landlord’s spouse, child, parent, or grandparent. Fairfax Town Code § 5.54.030.
To perform an owner move-in eviction, the landlord must be a natural person and own at least fifty-one percent (51%) of the property. Fairfax Town Code § 5.54.030.
Where a landlord or an enumerated relative already occupies another unit at the property or vacancy exists at the property, no owner move-in eviction or relative move-in eviction may occur. Fairfax Town Code § 5.54.030.
Once a unit is subject to an owner move-in eviction or relative move-in eviction, it is the designated owner move-in eviction or relative move-in eviction unit. Fairfax Town Code § 5.54.030. The unit becomes the designated owner move-in eviction or relative move-in eviction unit going forward. All future owner move-in evictions or relative move-in evictions must occur in the same unit. Further, once a landlord recovers a unit at the property pursuant to an owner move-in eviction, no other landlord may recover possession of another unit at the property. However, the landlord or enumerated relative may request a reasonable accommodation for a disability and a different unit is necessary to accommodate their disability.
When asserting a relative move-in eviction as a just cause for eviction, the notice of termination of tenancy shall contain the enumerated relative’s name and relationship to the landlord. Fairfax Town Code § 5.54.030.
Following a Fairfax Tenant’s Displacement From Their Home, How Long Does the Landlord or Enumerated Relative Have to Occupy the Vacant Rental Unit?
Ninety (90) days. Fairfax Town Code § 5.54.030. IF the landlord or enumerated relative fails to occupy the unit within ninety (90) days after the Fairfax tenant vacates, the law presumes bad faith.
Where the landlord or enumerated relative fails to move into the Fairfax rental unit within ninety (90) days after the Fairfax tenant’s displacement, the landlord must:
- Offer the unit back to the Fairfax tenant at the same rental rate in effect at displacement;
- Pay the Fairfax tenant’s reasonable expenses incurred in moving to and from the unit, including lease termination fees;
- If the landlord or enumerated relative fails to occupy the unit within ninety (90) days after the Fairfax tenant vacates or does not occupy the Fairfax unit as their primary residence for at least one (1) year, the landlord shall have the burden of producing evidence that the failure to occupy did not occur in bad faith. Fairfax Town Code § 5.54.030.
What Fairfax Tenants are Protected from an Owner Move-In Evictions and Relative Move-In Evictions?
A landlord may not perform an owner move-in eviction or relative move-in eviction on the following Fairfax tenants:
- A Fairfax tenant who has lived in the unit for at least three (3) years and is sixty-two (62) years of age or older;
- A Fairfax tenant who has lived in the unit for at least three (3) years and is disabled; or,
- A Fairfax tenant that has been certified as terminally ill by their treating physician. Fairfax Town Code § 5.54.030.
However, a landlord or qualified relative may be able to perform an owner move-in eviction or relative move-in eviction if the unit is 62 years of age or older, disabled, or has a certified terminal illness, recovering the unit is necessary to accommodate the landlord or qualified relative, and no other units are available. Fairfax Town Code § 5.54.030.
What Must a Fairfax Landlord Include on an Owner Move-In Eviction Notice?
As stated above, a landlord must serve a written notice terminating the tenancy stating that an owner move-in eviction or relative move-in eviction is the basis for the termination of tenancy. Additionally, the termination of tenancy notice must include the name, address, and relationship to the landlord of the person intended to occupy the rental unit. Fairfax Town Code § 5.54.030.
Following a Fairfax Owner Move-In Eviction or Relative Move-In Eviction, How Long May the Owner Keep the Unit Vacant?
Under the Fairfax Rent Ordinance, the owner or qualified relative must move into the unit within ninety (90) days after the Fairfax tenant is displaced from their home. Fairfax Town Code § 5.54.030.
Following an Owner Move-In Eviction or Relative Move-In Eviction, How Long Must the Owner or Qualified Relative Occupy the Fairfax Rental Unit?
Following an owner move-in eviction or relative move-in eviction, the owner or qualified relative must occupy the unit for at least twelve (12) consecutive months. Fairfax Town Code § 5.54.030.
Ellis Act Evictions Under the Fairfax Rent Ordinance
Under the Fairfax Rent Ordinance, landlords are permitted to evict all tenants from a rental property and remove the property from the residential rental housing market. Fairfax Town Code § 5.54.030. Despite being a lawful just cause for eviction, the landlord must follow strict rules following the Ellis Act eviction. Their failure to comply with the Fairfax Rent Ordinance following results in the Fairfax tenant possessing a claim for wrongful eviction in violation of the Ellis Act.
What is an Ellis Act Eviction?
California law allows landlords to remove a residential rental property from the housing market permanently. Government Code § 7060, et seq. The Ellis Act permits landlords to simultaneously evict all tenants from the property to remove the property from the rental market. The Ellis Act is generally used to change the building’s use into condominiums, tenancies in common, or for the landlord’s personal use. The Fairfax Rent Ordinance requires the landlord possess an intention of completing the withdrawal process and going out of the rental business or demolishing the structure. Fairfax Town Code § 5.54.030.
What Happens After a Landlord Removes a Property from the Fairfax Rental Market Through an Ellis Act?
In addition to allowing the landlord to evict all tenants from the building, the Ellis Act mandates several restrictions. First, the landlord may not re-rent any unit in the building for at least two (2) years. Fairfax Town Code § 5.54.030. Where the landlord rents a unit at the property before at least two (2) years have elapsed, the landlord shall be liable to the displaced Fairfax tenant for damages, which the court will triple. The Fairfax tenant has three (3) years following the Ellis Act eviction to file the lawsuit.
However, a landlord desiring to re-rent a vacant rental unit recovered pursuant to a Fairfax Ellis Act eviction shall first offer the unit back to the displaced Fairfax tenant, provided the Fairfax tenant provided the landlord written notice of their desire to re-rent the unit within thirty (30) days of leaving their home due to the Ellis Act eviction. Fairfax Town Code §§ 5.54.030, 5.54.060. The Fairfax tenant must also provide the landlord with their address, and continue updating the landlord whenever they change addresses. Where a Fairfax tenant accepts an offer to re-rent their unit, the landlord must reinstate the rental agreement on terms permitted by law to the displaced tenant. The landlord must deposit the offer in the United States mail, by registered or certified mail with postage prepaid, at the Fairfax tenant’s address furnished to the landlord, and shall describe the offer terms. The Fairfax tenant has thirty (30) days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid.
For all tenancies commenced within five (5) years following the landlord either filing a notice of intent to withdraw the rental unit, or after the Fairfax unit is withdrawn from the rental market, the landlord must offer or lease the rental unit at the lawful rent in effect at the time they filed the notice of intent to withdraw the rental unit as part of effectuating the Fairfax Ellis Act eviction. Fairfax Municipal Code § 5.54.060. Where a landlord seeks to re-list or re-rent a rental unit withdrawn via the Ellis Act within five (5) years, the Fairfax tenant has a right to rent the rental unit first. The landlord must offer the rental unit to the displaced Fairfax tenant within thirty (30) days after notifying the Town of Fairfax of an intention to re-list and re-rent the rental unit again. A landlord’s failure to comply with this requirement subjects them to punitive damages in an amount not exceeding the contract rent for six (6) months.
How Do Fairfax Tenants Notify Their Landlords About Their Entitlement to One (1) Year Notice?
Where a Fairfax tenant facing an Ellis Act eviction is a senior or disabled, the Fairfax tenant must notify their landlord about their status to obtain a one (1) year notice period. Fairfax Town Code § 5.54.060. The Fairfax tenant has sixty (60) days following the Town Manager receiving the notice of intent to withdraw to provide written notice.
What Happens Where the Landlord Demolishes the Fairfax Rental Unit Following an Ellis Act Eviction?
If, after recovering possession through the Ellis Act, a landlord demolishes a rental unit, constructs new rental units, and offers them for rent within four (4) years of the date of the Ellis Act eviction, the newly constructed rental unit shall be offered on the basis of a fair and reasonable return. Fairfax Town Code § 5.54.060.
What Notice Must Landlords Provide The Town of Fairfax When Performing an Ellis Act Eviction?
A landlord seeking to demolish or withdraw a rental unit from the rental market must provide the Town of Fairfax with a notice stating, under penalty of perjury:
- The number of rental units withdrawn;
- The address of those rental units;
- The name(s) of the tenant(s) being displaced; and,
- The lawful rent applicable to each Fairfax rental unit. Fairfax Town Code § 5.54.060.
The landlord must also provide written notice to the tenant that they provided the information to the Town of Fairfax, and of the Fairfax tenant’s rights under the Fairfax Rent Ordinance, and, for senior or disabled Fairfax tenants that have resided in their home for at least one (1) year prior to the landlord commencing the Ellis Act eviction, their right to one (1) year notice.
When preparing to re-list a Fairfax rental unit previously withdrawn via the Ellis Act, the landlord must also notify the Town of Fairfax about their intention to re-list the rental unit. Fairfax Town Code § 5.54.060.
Do Fairfax Ellis Act Restrictions Continue Applying When a New Landlord Purchase the Building?
Yes, Fairfax Ellis Act restrictions continue applying when a new landlord purchases the building. Fairfax Town Code § 5.54.060.
Can Landlords Invoke the Ellis Act on Only Some of the Units at a Fairfax Property?
No, the landlord cannot perform a partial Fairfax Ellis Act eviction. Every unit at the property must receive Ellis Act notices simultaneously.
How Much Notice Must Landlords Provide Fairfax Tenants When Invoking the Ellis Act?
Ellis Act evictions require 120 days’ notice. Government Code § 7060.4; Fairfax Town Code § 5.54.030. However, Fairfax tenants that are at least sixty-two (62) years old or disabled are entitled to one (1) year notice, provided they have resided in their homes for at least one (1) year.
Tenants entitled to one year notice must serve their landlord with written notice of their entitlement to an extension within sixty days of the date the landlord officially informs the government of the Ellis Act eviction. Id.
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.
Does the Fairfax Rent Ordinance Prohibit Retaliation?
Yes, the Fairfax Rent Ordinance prohibits retaliation against any Fairfax tenant who has previously reported a landlord’s violation, exercised any right guaranteed by the Fairfax Rent Ordinance, or for forming or participating in a tenant organization. Fairfax Town Code § 5.54.030.
May Fairfax Tenants Waive Provisions of the Fairfax Rent Ordinance?
No, any waiver of the Fairfax Rent Ordinance is against public policy and void. Fairfax Town Code § 5.55.090.
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.
Where a landlord demands, accepts, receives, or retains any payment of unlawful rent, the landlord shall be liable to the Fairfax tenant in court. Fairfax Town Code § 5.55.110. The Fairfax tenant may recover their actual damages, attorney fees, and court costs. Further, the Fairfax tenant may obtain a civil penalty treble the amount of unlawful rent demanded, accepted, received, or retained shall be awarded where the Fairfax landlord acts willfully, or with oppression, fraud, or malice.
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.
Last updated: January 1, 2023
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