Emeryville's Landlord-Tenant Relations Ordinance

April 1, 2017

 

10 THINGS TO KNOW ABOUT EMERYVILLE'S LANDLORD AND TENANT RELATIONS ORDINANCE

 

Emeryville has enacted eviction controls over housing units, and increased regulation of activities between landlords and tenants. Here are 10 things you need to know about the law:
 

  1. Effective April 1, 2017

  2. The ordinance only regulates evictions, not rent. The ordinance DOES NOT set up a rent board agency.

  3. Applies to most residential rental units, except for owner-occupied units renting up to two bedrooms.

  4. Requires landlords to have a business license, provide notice of tenants’ rights to tenants, and FILE NOTICES WITH THE CITY CLERK.

  5. Permits the following “just cause” evictions: nonpayment of rent, breach of lease, illegal activity, health & safety violations, failure to extend lease, excessive occupants, condominium conversion, and landlord re-occupancy after short-term rental or military deployment.

  6. Permits the following “no cause” evictions: demolition/removal from rental market, landlord move-in, and for substantial repairs or renovations.

  7. Requires relocation assistance to be paid to tenants displaced by “no cause” evictions.

  8. Requires service of a form notice of termination, BUT DOES NOT GUARANTEE THE FORM COMPLIES WITH STATE LAW.

  9. Prohibits harassment and imposes civil penalties for noncompliance.

  10. Limits how frequently landlords can offer buyouts to tenants and REQUIRES LANDLORDS TO CASH RENT CHECKS WITHIN 30 DAYS OF RECEIPT.

Always read the law carefully and consult with an attorney before attempting to terminate a tenancy in Emeryville. Below are links to a more detailed summary of the ordinance and the ordinance itself.

EBRHA's Summary of the Ordinance: click here.

Link to Municipal Code: click here.

 

Eviction & Harassment Ordinance Regulations: click here.

 

​Copyright © 2017 by Fried & Williams LLP. All Rights Reserved. The information in this article is general in nature and should not be considered legal advice. For any specific matter, please consult with an attorney.

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