Synopsis of Alameda County’s Eviction Protection Ordinance

Alameda has enacted a “Just Cause for Eviction Ordinance”, which limits the reasons a tenant can be evicted in the unincorporated areas of Alameda County.  The county’s ordinance also protects families with school-age children and Alameda County school employees from no-fault evictions during the school year and requires relocation assistance payments to tenants who have been displaced by a no-fault eviction.

Applicability/Exemptions

The Ordinance applies to all Rental Units located in the unincorporated area of Alameda County, except the following:

• Rental Units described in California Civil Code Section 1940(b) (1) and (2) (hotels, motels etc.)

• Rental Units in a residential property of four or fewer units where the owner occupies one of the units as their principal residence

• Rental Units in a residential property where the owner occupies a unit as their principal residence and shares the use of kitchen or bath facilities with the tenant(s)

• Rental Units in any hospital, skilled nursing facility, or health facility

• Rental Units in a substance abuse recovery facility

• Rental Units or housing provided by a nonprofit, a hospital or a church that is a licensed care facility for special needs populations.

Just Causes for Termination

The following constitute the only just causes for eviction:

• Non-payment of rent

• Material violation of the lease. Tenant must be given an opportunity to cure the violation

• Substantial damage to Unit. Tenant must be given an opportunity to cure the violation

• Committing waste

• Criminal activity

• Assigning or subletting the premises in violation of the Tenant’s lease

• Employee’s failure to vacate after termination of employment.

• Tenant’s failure to deliver possession after Tenant’s Notice of Intention to Terminate the rental contract

• Refusal to grant access to the unit. Tenant must be given an opportunity to cure the violation

• Substantial rehabilitation of the unit. Requires the Landlord to obtain all necessary building, demolition, grading, and similar permits

• Owner Move-In.  Subject to the procedural requirements of the Ordinance

• Ellis Act Removal. The Landlord seeks in good faith to recover possession to withdraw all Rental Units of an entire property in compliance with the Ellis Act (Government Code sections 7060, et seq.).

Relocation Assistance Payments

 Each Tenant receiving a No-Fault Eviction Notice must be paid a sum equal to the value of three months of the current rent amount, or three months of Fair Market Rent for the size of the Rental Unit, whichever is higher.  Half of this amount must be paid at the time of the service of the notice to quit, and the other half must be paid when the unit is vacated.  Elderly or lower income tenants, as defined by Health and Safety Code section 50079.5, shall be entitled to receive an additional relocation assistance payment of one month of the current rent.

Other Requirements for Termination Notices

Termination Notices provided to Tenants must contain the reason for the termination and explain the right to and amount of relocation assistance payments for No Fault evictions.  If the notice is for a No-Fault Eviction based on substantial rehabilitation of the unit, the notice must contain the language set forth in Section 3.70.060 of the Ordinance. If the Termination Notice is for an At-Fault eviction, the notice must state specific facts to permit a determination of the date, place, witnesses, and circumstances concerning the reason for the eviction.  In addition, all Warning Notices required for an At-Fault Eviction must be attached to any corresponding Termination Notice. C. A copy of the Termination Notice issued to a Tenant must be filed by the Landlord with the Housing Director within three days after the service of the Termination Notice on the Tenant.

If claiming an exemption, the Landlord must list the applicable exemption in the Termination Notice. In any action to recover possession of a Rental Unit pursuant to this Chapter, a Landlord must allege and prove that the Landlord seeks to recover possession of the unit in good faith.

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.