Union City has enacted the Residential Landlord and Tenant Relations Ordinance, effective May 10, 2017. The Ordinance applies to virtually all rental units in the city, including single-family homes and condominiums, and protects tenants from eviction unless the eviction is for a just-causes reason specified in the Ordinance. Here’s a summary of the eviction control provisions of the Ordinance.
Threshold Requirements for Terminating a Tenancy
A landlord must demonstrate all the following before terminating a tenancy by way of an eviction:
- The landlord must have a valid Union City business license and has a properly registered rental unit;
- The landlord has provided the tenant with a Notice of Tenant’s Rights (see below);
- The landlord has used a form Notice of Termination provided by the City, which is for a reason specified in the Ordinance;
- The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the rental unit beyond the term of the terminated tenancy
Registration Requirement
All property owners with rental units in Union City that are subject to the Eviction Protection Ordinance must pay the annual fees listed below. The fees are due at the time a property owner applies for a new residential rental business license or renews an existing business license.
Just Cause Reasons for Eviction
The Ordinance delineates the “just cause” reasons for an eviction, as follows:
- nonpayment of rent
- breach of lease after written notice to cease
- illegal activity
- health & safety violations by tenant
- failure to extend lease
- substantial repairs/rehabilitation
- landlord re-occupancy after military deployment
- condominium conversion,
- demolition/removal from rental market
- landlord/relative move-in
Notice Requirements
Landlords are required to provide tenants with a Notice of Tenant Rights in all the following situations: (1) within 60 days of the ordinance going into effect, (2) when entering into a new lease or rental agreement, (3) when renewing a lease or rental agreement, and (4) when issuing a notice of termination
Relocation Assistance
The ordinance does not require landlords to pay relocation benefits to tenants who are displaced due to a no-fault eviction such as an eviction for owner move-in, demolition/removal, or temporary eviction to conduct substantial repairs or capital improvements.
Remedies for Violation(s) of the Ordinance
Tenants may bring a private right of action to enforce the requirements of the Ordinance. If a landlord engages in any of the activities prohibited by the ordinance, the tenant may file a lawsuit for money damages or injunctive relief, or both. In addition, a tenant that receives a notice of termination may bring a lawsuit against the landlord to contest its validity and to request injunctive relief to halt the termination of tenancy. Further, a landlord’s service of a defective notice will invalidate the Notice. Tenants may also bring a civil action to determine the applicability of this ordinance to their tenancy.
Please contact Lynx Legal with any questions regarding the above, and for all your eviction needs. We can be reached at 888-441-2355 or info@lynxlegal.com. You can also schedule a telephonic consultation on our website. Our experienced professionals are standing by to answer any questions or complete the intake if you are ready to start a case.