In May 2017, the San Jose City Council passed the Tenant Protection Ordinance (“TPO”), which requires landlords to have “just cause” (i.e., a legitimate, recognized reason) for evicting a tenant residing within the City’s boundaries. Here is an overview of the salient provisions of the TPO.
What Properties Are Covered by the Ordinance?
The TPO applies to all units built before September 7, 1979, except single family residences, condos, townhouses and other buildings with two or fewer dwelling units. Also excluded are rooms rented for less than thirty days; hospitals; extended care facilities; emergency residential shelters; asylums; nonprofit homes for the aged, college housing, and government subsidized rental units. (§ 17.23.150.)
What are the Just Cause Reasons to Evict?
For any rental unit covered by the Tenant Protection Ordinance, a landlord can only evict the tenant for one of the following reasons:
• Nonpayment of Rent
• Damage to the Rental Unit
• Refusal to Agree to Similar or New Rental Agreement
• Violation of Lease
• Disorderly Behavior Disturbing the Peace
• Refuse Lawful Request to Access to Unit
• Landlord’s plan to Substantially Rehabilitate Unit
• Ellis Act evictions – (Removal of unit from rental market)
• Owner/Relative Move-In
• City Code Enforcement Actions Requiring a Move-Out
• Converting an Unpermitted Rental Unit for Permitted Use
Special Rules for Owner/Relative Move-In Evictions
San Jose has carved out unique rules for owner/relative move in evictions. Specifically, the owner (or their spouse, domestic partner, parents, or siblings) must have a 50% ownership interest in the subject premises to move into a tenant-occupied property. Further, there must not be any other available unit in the building for the owner to move into.
Additionally, the owner or his or her relative must move into the unit within three months from the date when the tenant vacates and must maintain the unit as their principal place of residence for 36 consecutive months. Tenants are entitled to relocation assistance in the amounts specified in the TPO. (Mun. Code § 17.23.1250.)
Special Rules for Substantial Rehabilitation Evictions
Evictions based on substantial rehabilitation of the rental unit are allowed where the rehabilitation is necessary to bring the unit into compliance with laws affecting the health and safety of the tenants. The owner must have already obtained the necessary permits to do the repairs, and the repairs must make the unit uninhabitable for at least thirty days. To be considered a substantial rehabilitation, the repair costs must equal more than ten times the monthly rent times the number of units to be worked on. Tenants must also be given advance notice that they may reoccupy the unit once repairs are completed at the same rent the tenant was previously paying. Relocation assistance is required.
Special Rules for Ellis Act Evictions
An Ellis Act eviction allows the owner of a building to evict tenants because the owner intends to demolish or permanently remove property from the rental market. San Jose, Cal., Mun. Code § 17.23.1250. For Ellis Act evictions, a 120-day eviction notice is required, with additional safeguards for tenants who are elderly, disabled, or terminally/catastrophically ill. In addition, households with a child under 18 who is enrolled in school and has lived in the unit for at least a year may be able to extend the tenancy 60 days beyond the end of a school year. Relocation assistance is required.
Remedies Available to the Tenant for a Landlord’s Violation of the TPO
The tenant has an explicit right to sue the landlord for violations of the TPO. The tenant may seek injunctive relief, money damages, costs, reasonable attorney fees and a fine of up to $10,000. (Mun. Code § 17.23.1280.) Triple damages may also be awarded if the landlord “willfully” failed to comply with the TPO.
Please contact Lynx Legal Services with any questions regarding the above, or if you are ready to start a case. We can be reached at 925-237-9216, or online at [email protected]. You may also schedule a telephonic consultation with one of our representatives by selecting the “Schedule a Consultation” tab on our website.