Summary of the City of Concord’s “Just Cause” Eviction Control Ordinance

This article summarizes the “just cause” eviction control provisions of the City of Concord’s Tenant Protection Program (“TPP”) (Concord, Cal. Municipal Code section 19.40.010 et seq.)  Below we discuss the TPP’s allowable just cause reasons for eviction, and the penalties for violating the ordinance.

Covered Properties

Any unit rented as a “home, residence, or sleeping place” has just cause-eviction protection under the TPP, if the tenant pays some form of rent.  There are other exemptions for hotels, hospitals, religious facilities, extended care facilities dorms, government owned units, shelters, and accessory dwelling units. The TPP also does not apply to dwelling units where a landlord shares a bathroom or kitchen with the tenant, or duplexes within a single structure continuously occupied by the owner. Concord, Cal. Mun. Code § 19.40.020(a).  

Just Causes for Eviction

The just causes for eviction are divided into two categories – “at fault”, and “no fault”.  These are the “at fault” reasons for eviction:

•             Default in the payment of rent

•             A breach in the material term of the lease, but only after the tenant has been first         issued a written notice to correct the violation.

•             Maintaining, committing, or permitting the maintenance or commission of a   nuisance.

•             Committing waste.

•             Refusal to execute a written extension or renewal of a lease for an additional term of similar duration with similar provisions.

•             Criminal Activity

•             Assigning or subletting.

•             Refusal to allow the landlord to enter.

•             Using a unit for an unlawful purpose.

•             Employee, agent, or a licensee of landlord fails to vacate after termination of employment

•             Failing to vacate after giving notice to vacate or accepting a buyout of the tenancy.

Concord, Cal. Mun. Code § 19.40.070(c).

The “no-fault” reasons for eviction are:

•             Owner/Relative Move in Eviction

•             Withdrawal of all units from the rental market pursuant to the Ellis Act.

•             Compliance with a government or court order or local ordinance requiring the unit      to be vacated.

 •            Intent to demolish or substantially remodel.

Concord, Cal. Mun. Code § 19.40.070(d).

Relocation Benefits for No-Fault Evictions

For owner or relative move-in evictions, Ellis evictions, governmental order eviction, demolition, and substantial remodel, a landlord is required to pay the household relocation assistance in the amount of three times the Department of Housing and Urban Development fair market rental value for that year for a like-sized unit in Contra Costa County. Concord, Cal. Mun. Code § 19.40.080.

If any tenant in the unit is low-income, disabled, sixty-two years old or older, terminally ill, or school-aged, the household will receive an additional month’s rent. Id. Tenants in single-family homes and condominiums are entitled to only two months rent. In addition to the rent, each household will receive $3000, or $2000 for single-family homes and condominiums. Id.

Please contact Lynx Legal Service with any questions regarding the above, and for all your eviction needs.  We can be reached at 888-441-2355 or info@lynxlegal.com.  Our experienced staff is standing by to answer any inquiries and/or complete the intake for your case.