On August 27, 2024, the Antioch City Council approved a “Just Cause” eviction control ordinance limiting the ability of landlords to evict tenants except for specific reasons, and requiring payment of relocation assistance to displaced tenants. The ordinance covers most rental units in the City of Antioch. Here is a summary of the Ordinance.
Allowable Reasons for Eviction
The Ordinance restricts a landlord’s right to evict a tenant to the reasons specified in the Ordinance. The Ordinance breaks it down into “at fault” and “no fault” reasons for the eviction. At fault reasons include the following:
- Failure to pay rent
- Tenant’s breach of a material term of the rental agreement
- Maintaining, committing, or permitting the maintenance or commission of a nuisance after the Landlord has notified the Tenant of the nuisance in writing and given Tenant 30 days to abate the nuisance
- Committing waste
- Tenant is criminally convicted of using or permitting a rental property to be used for any illegal purpose
- Tenant, Tenant’s agent, or any person directed by a Tenant makes a criminal threat directed at Landlord or any agent of Landlord
- Tenant has refused to execute a written extension or renewal of a rental agreement on substantially similar terms upon expiration of a prior rental agreement
- Tenant continually refuses to allow the landlord to enter the residential real property for the purpose of making necessary repairs or improvements
- A resident manager tenant’s failure to vacate rental property after the employment has been terminated
- Tenant fails to timely deliver possession of the rental unit after providing the Landlord written notice of the tenant’s intention to terminate a lease
- Tenant has assigned or sublet the rental unit in violation of the rental agreement,
No Fault just cause includes any of the following:
- Landlord seeks in good faith to repossess rental unit to allow Landlord or Landlord’s family member to occupy the rental unit.
- Landlord repossesses the rental unit to demolish or substantially remodel the rental unit
- Landlord seeks in good faith to repossess rental unit to comply with a government order
- Ellis Act evictions where the Landlord permanently withdraws the unit from the rental market.
Relocation Assistance.
Tenants displaced by a no fault eviction are entitled to relocation assistance from the Landlord in accordance. The Landlord must provide written notice to the Tenant of the Tenant’s entitlement to relocation assistance at the same time the Landlord serves a notice of termination of tenancy.
The Landlord must pay a relocation assistance amount equal to two times the Tenant’s monthly rent in effect when the Landlord served the notice to terminate the tenancy. “Qualified tenants (elderly or disabled or low-income tenants) are entitled to additional relocation assistance payments as set forth in the Ordinance.
Notices to tenants
Landlords must provide to each Tenant, prior to or at the time of agreeing to rent or lease a rental unit, a notice of Tenant rights under this chapter. The Ordinance directs the City to publish a form notice of tenant rights in English and other frequently spoken languages.
Remedies and Penalties
A violation of any provision of the Ordinance subjects the landlord to potential criminal liability, penalties, injunctive relief, any actual damages that can be proved by the tenant, and punitive damages. A violation of the Ordinance can also be asserted as an affirmative defense to any eviction proceeding.
Please contact Lynx Legal with any questions regarding the above, evictions in general, or if you are ready to start a case. We can be reached at 888-441-2355 or [email protected]. You can also schedule a telephonic consultation on our website. Our experienced professionals are standing by to take your order and answer any inquiries you may have regarding the eviction process.