What are the allowable grounds for terminating a tenancy under the Ordinance?
There are eight (8) allowable grounds for termination of tenancy. Certain grounds place restrictions on the units (click here for more information), which apply regardless of a change in ownership. The reason for the termination of tenancy must be made honestly and without the intent of deception.
“For Cause” Grounds:
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Failure to Pay Rent - review state law for more information
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Breach of Lease - review state law for more information
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Nuisance - review state law for more information
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Failure to Give Access - review state law for more information
“No Fault” Grounds:
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Owner Move-In - see below for qualifications and procedures
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Withdrawal from the Rental Market - the landlord certifies in good faith permanent removal of the entire rental property from the rental market, regardless of a change in ownership, in accordance with the City's Ellis Act Policy(PDF, 495KB)
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Demolition - see below for qualifications and procedures
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Compliance with a Governmental Order - the termination of tenancy must be an action to comply with a government notice
When a landlord terminates a tenancy to withdraw the rental unit permanently from the rental market, how long must the unit be removed from the rental market?
By definition, when a landlord terminates a tenancy because the rental unit is being withdrawn from the rental market, the removal is permanent, regardless of a change in ownership. The City’s Ellis Act Policy(PDF, 495KB) subjects a landlord to specific requirements, restrictions, and penalties if the rental unit is returned to the rental market in fewer than five years.
Who qualifies as an “owner” in order to terminate a tenancy based on an Owner Move-In?
An owner must be a natural person who has at least a 50% ownership interest in the property. A "natural person" means a human being, but may also include natural persons who are identified in a living, family or similar trust as having an ownership interest in the property.
Does a termination of a tenancy based on Owner Move-In allow an owner’s relative to move into the unit?
Yes, as long as that relative is one of the following: owner’s spouse, registered domestic partner, child, parent, grandparent, grandchild, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law.
For Owner Move-In, is there a requirement for the owner or qualifying relative to live in the unit for a certain amount of time?
Yes, the owner or the qualifying relative must move into the unit within 60 days of the tenant vacating the unit and remain in the unit as the person’s primary residence for at least three years.
If the landlord or qualifying relative vacates the rental unit without good cause before occupying the unit as a primary residence for three years, the landlord must:
- Offer the unit to the tenant who was displaced at the same rent that was in effect at the time the tenant vacated the unit;
- Pay the tenant all reasonable and documented expenses incurred in moving to the rental unit; and
- Inform the Rent Program in writing
If the displaced tenant does not accept the landlord’s offer to return to the unit, the landlord may not charge rent to a new tenant that exceeds the lawful rent charged to the displaced tenant at the time the landlord served the notice to terminate the tenancy.
The displaced tenant or the City may also pursue additional penalties or remedies against the landlord’s offer to return to the unit, the landlord may not charge rent to a new tenant that exceeds the lawful rent charged to the displaced tenant at the time the landlord served the notice to terminate the tenancy.
How much advance notice must a landlord give to a tenant prior to the vacate date?
Landlords are required to comply with state law's noticing requirements when terminating a tenancy for either "for cause" or "no fault" grounds. The California Courts Self-Help Guide has more information on the different types of notices under state law and in which circumstances they may be used, or review the California Tenants guide for additional information.
For terminations of tenancy based on Withdrawal from the Rental Market, the City's Ellis Act Policy(PDF, 495KB) requires landlords to serve tenants with specific forms at least 120 days prior to the date the landlord intends to permanently withdraw the rental unit from the rental market. Tenants must vacate by that date; however, if the tenant has lived in the unit for at least one year and is either a) age 62 or older or b) a person with a disability, the tenant may assert a right to remain in the unit for up to one year by completing Form RP-202(C)(PDF, 262KB).
How does a landlord serve notice of a "no fault" termination of tenancy?
In addition to complying with state law, a notice of termination of tenancy for Owner Move-In, Demolition, Withdrawal From the Rental Market, or Compliance with a Governmental Order must also adhere to the following requirements.
1. A notice to terminate a tenancy must state the following:
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The grounds for termination enumerated in the Rent Ordinance.
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The exact amount of relocation payment.
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For terminations based on Owner Move-In, the notice must state the name of the person who will move in and the relationship of that person to the owner.
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Terminations based on Withdrawal from the Rental Market have different requirements and procedures. Please review Form RP-202 Instructions(PDF, 340KB).
2. The landlord must file the following paperwork with the Rent Program within three calendar days of service on the tenant:
For Owner Move-In, Demolition, or Compliance with a Governmental Order:
- A complete copy of the notice of termination of tenancy
- Form RP-201
- Supportive documents to substantiate the grounds for termination
For Withdrawal from the Rental Market
3. The landlord must meet these additional qualifications:
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Owner move-in: The property cannot have a comparable vacant unit available at the time the notice of termination of tenancy is served. The owner terminating the tenancy must be a "natural person" (i.e. not a corporation, real estate investment trust, etc.) and have at least a 50% ownership stake in the property, and submit supporting documentation of both. Qualifying relatives are limited to the owner's spouse, domestic partner, child, parent(s), grandparent(s), grandchild, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. See Form RP-201(PDF, 413KB) and Regulation 20-08(PDF, 202KB) for additional information.
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Withdrawal from the Rental Market: For physical structures that have multiple rental units, or for multiple detached structures located on the same parcel, generally all rental units must be withdrawn from the rental market. Landlords must provide tenants and the Rent Program with documents certifying the landlord's intent to permanently withdraw the unit from the rental market, including a notarized memorandum to recorded on title in the Alameda County Records. See the City’s Ellis Act Policy(PDF, 495KB) and RP-202 Instructions(PDF, 340KB).
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Demolition: The landlord must have already obtained the necessary and related permits from the City of Alameda and submit copies to the Rent Program.
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Compliance with a Governmental Order: The landlord must submit a copy of the governmental order to vacate the unit.
What happens once the Rent Program has verified compliance with the requirements?
The landlord must provide the tenant with a permanent relocation payment and abide by certain restrictions on the rental unit, depending on the grounds for termination. See below for more information.
What if a landlord does not meet the requirements, or terminates a tenancy based on grounds not permitted under the Rent Ordinance?
The Rent Program will contact the landlord, direct the landlord to rescind the invalid termination of tenancy, and explain why the notice was deficient. It is then up to the landlord to decide whether to serve a new, compliant notice of termination of tenancy on the tenant.
Who is eligible for a permanent relocation payment?
Any tenant whose tenancy is terminated for an Owner Move-In, Demolition, Withdrawal From the Rental Market, or Compliance with a Governmental Order is entitled to a permanent relocation payment. There is no minimum amount of time a tenant is required to have rented the unit in order to be eligible to receive such relocation payment.
A permanent relocation payment is also owed when a landlord notices a tenant of a rent increase above 10 percent and the tenant vacates the rental unit within 90 days of receiving the rent increase notice.
A permanent relocation payment is also owed when a landlord notices a tenant of a pass through based on an approved Capital Improvement Plan and the tenant notifies the landlord within 30 days that the tenant intends to vacate the rental unit.
What is the payment amount?
Please refer to the Permanent Relocation Schedule. Click here to view.
When are payments due?
One-half of the payment is due within three business days after the tenant has informed the landlord, in writing, that the tenant will vacate the rental unit on the date no later than the date provided in the notice terminating the tenancy. The other half of the relocation payment is owed within three business days after the tenant has (i) vacated the rental unit by no more than two calendar days after the date provided in the notice; and (ii) removed all of the tenant’s personal property from the rental unit and/or from other property of the landlord, such as a storage unit.
Can the second half of the relocation payments be used to offset amounts due after the tenant vacates the unit (e.g. damage to the unit, unpaid rent etc.)?
No.
May a landlord enter into an agreement with the tenant at the start of the lease that the tenant waives the tenant’s right to relocation payments?
The Rent Ordinance prohibits a landlord from requiring a tenant to waive, whether in a rental agreement, lease or otherwise, the rights granted to a tenant under the Ordinance and any purported waiver of such rights is void.
Notwithstanding, a landlord may enter into a “Temporary Tenancy” with a tenant, which does not require the landlord to make a relocation payment at the end of the tenancy. Please see below for more information.
May a landlord and tenant agree to a relocation payment different than the amount required by the Relocation Payment Schedule?
After a tenant is served with a termination of tenancy notice that complies with the Ordinance and is informed, in writing, concerning the amount of the relocation payment to which the tenant is entitled, a landlord and tenant may agree to a different relocation payment provided the landlord submits to the Rent Program proof of the alternative relocation payment within 21 days of the tenant vacating. See 6-68.95 F, Alameda Municipal Code, Form RP-201(PDF, 413KB).
In addition, rather than serving a termination of tenancy notice on a tenant, a landlord may choose to offer a buyout agreement to the tenant.
Is a tenant who finds a new home after receiving an invalid termination notice entitled to a relocation payment?
Yes. If the Rent Program reviews a notice of termination of tenancy and finds it does not comply with the requirements of the Rent Ordinance and/or Ellis Act Policy, program staff will immediately direct the landlord to rescind the invalid notice, allowing the tenant to remain in the unit until the landlord serves a valid notice. However, if the tenant has already taken action based on the invalid notice—including vacating the rental unit, signing a rental agreement for a new rental unit, or paying the security deposit for a new rental—the tenant is entitled to a permanent relocation payment.
Are tenants in partially regulated units entitled to a relocation payment after receiving a notice of a rent increase greater than 10%?
Yes, landlords of partially regulated units are subject to this requirement if the tenant informs the landlord, in writing, within 90 days of receiving the notice that the tenant will vacate the unit. See Section 6.58.85 A , Alameda Municipal Code. Please note, any notice of a rent increase above 10% must include Form RP-209, which informs the tenant of the entitlement to a relocation payment. Within three days of service on the tenant of such rent increase notice, the landlord must file with the Rent Program a copy of the rent increase notice, RP-209, and a proof of service (RP-204). See Section 6.58.35 P, Alameda Municipal Code.
Which termination of tenancy grounds result in a restriction placed on the unit?
All restrictions placed on the unit after the termination of tenancy apply regardless of a change in ownership. An owner must disclose to any buyer and/or buyer’s agent that the rental unit is subject to the Rent Ordinance(PDF, 3MB) and subject to the restriction caused by the relevant ground for termination indicated below.
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Owner move-in: The owner or qualifying family member must move into the unit within 60 days after the tenant vacates and reside in the unit as the person’s primary residence for at least three years. The Rent Program will require documentation that the owner/relative has moved in and occupies the unit as the person’s primary residence.
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Withdrawal from the Rental Market: The unit is permanently removed from the rental market, regardless of a change in ownership, and may not be rented to a new tenant. The Ellis Act Policy(PDF, 495KB) specifies that, if the landlord wishes to return the unit to the rental market within five years, the displaced tenant gets right of first refusal and, regardless of if the displaced tenant accepts, the rent charged cannot be more than 5% above the rent at the time the tenancy was terminated. If the unit is rented within two years, the landlord is liable to the tenant for damages and the City of Alameda may institute a civil proceeding against the landlord.
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Capital Improvement Plan (CIP): The landlord must make the improvements and provide the Rent Program with documentation showing they have been completed.
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Demolition: The property must be demolished.
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Compliance with a Governmental Order: The displaced tenant must be offered the same unit at the same rent after the landlord has complied with the governmental order.
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An invalid termination of tenancy: A landlord who has terminated a tenancy on grounds not permitted under the Rent Ordinance shall not impose rent for a new tenant that exceeds the Maximum Allowable Rent or Certified Rent at the time the prior tenancy was terminated. See Section 6-58.140(D), AMC.
What is a buyout agreement?
A buyout agreement is a written agreement between a landlord and a tenant, by which a tenant agrees to vacate a rental unit, typically in consideration for monetary payment, notwithstanding that there may be no grounds for a landlord to terminate a tenancy under Section 6-58.80, Alameda Municipal Code (AMC).
Are buyout agreements regulated?
Yes. Before making an offer of a buyout agreement to a tenant, a landlord must disclose to the tenant the tenant’s rights concerning a buyout agreement by serving the tenant with a written copy of the disclosure form RP-205(PDF, 494KB). The tenant’s rights include the following: (i) The right not to enter into a buyout agreement; (ii) The right, before signing the agreement, to consult an attorney and revise the agreement; (iii) The right to consult the Rent Program regarding the agreement; and (iv) The right to rescind the buyout agreement at any time within 30 days after the agreement has been fully executed. The buyout agreement, at a minimum, must be in writing and must include specific text identified on the disclosure form RP-205(PDF, 494KB).
When all the parties to the buyout agreement have signed it, the landlord is required to provide the tenant with a copy of the buyout agreement. The landlord must also within three calendar days after all parties have signed the agreement, file the signed buyout agreement and the completed disclosure form RP-205(PDF, 494KB) with the Rent Program.
A buyout agreement that does not satisfy all of the requirements of the Rent Ordinance is not effective and may be rescinded by the tenant at any time, even after 30 days from the date the agreement was signed. A landlord shall take no retaliatory action against a tenant for a tenant’s refusal to enter into a buyout agreement or for rescinding a buyout agreement.
Can a landlord require a tenant to vacate the rental unit at the end of the term of the lease?
In Alameda, the answer is generally “no." The Rent Ordinance does not permit a tenancy to be terminated just because the term of a lease ends.
Under the Ordinance, there are limited grounds for a landlord to terminate a tenancy. These include “just cause” reasons, for example, the failure of a tenant to pay rent. If a landlord terminates a tenancy for cause, the landlord is not required to make a relocation payment to the tenant. The Ordinance also allows a tenancy to be terminated for other no fault reasons, for example, an owner move-in. Under those circumstances, the Ordinance requires a landlord to make a relocation payment to the tenant. The Ordinance, however, does not provide that a landlord may terminate a tenancy just because the term of a lease ends.
Courts in California have held for more than 40 years that in a rent controlled jurisdiction, such as the City of Alameda, the jurisdiction may establish the grounds upon which a tenancy may be terminated. Most of those jurisdictions do not include the expiration of a lease as a reason to terminate a tenancy and neither does Alameda’s Ordinance.
Accordingly, in Alameda, at the end of the term of a lease, a tenant has the right to convert the lease to a month-to-month tenancy and, thereafter, the tenancy may be terminated for only one of the reasons permitted in the Ordinance, some of which require a landlord to provide a relocation payment. A tenant, however, may voluntarily vacate a rental unit at the end of a lease. If that occurs, the landlord owes no relocation payment.
Landlords should keep in mind that the Ordinance prohibits a landlord from waiving, in a rental agreement or lease, the rights granted to tenants under the Ordinance and any purported waiver of such rights is void.
If a landlord or tenant has questions concerning whether a particular situation requires a relocation payment, please contact the Rent Program.
Am I able to temporarily rent my home to a tenant?
Dwelling units that are rented or leased to transient guests for 30 consecutive days or less are fully exempt from the Rent Ordinance.
The Rent Ordinance also makes allowances for homeowners to temporarily rent their residence to a tenant— if, for example, the landlord has to relocate for work or will be traveling—without having to make a permanent relocation payment once the tenancy concludes. These "temporary tenancies" must meet the following criteria:
- The tenancy must be established at a unit that was used as a landlord’s primary residence.
- The tenancy cannot exceed 12 months for most tenancies (cannot exceed five years if in connection with a military assignment).
- When the tenant vacates, the landlord must reside at the property for one year as the landlord’s primary residence.
- A landlord must inform the Rent Program when a temporary tenancy is established.
How do I inform the Rent Program of a temporary tenancy?
It is strongly suggested that landlords contact Rent Program staff to discuss the requirements of a temporary tenancy prior to signing a lease with a tenant.
To proceed with filing a notice of temporary tenancy:
- Please notify the Rent Program within 30 days of signing a temporary tenancy lease with the tenant. This notification must be in writing (email OK) and include a copy of the lease.
- The above notification should indicate that a) you will move back into the unit within 60 days of the end of the lease and notify the Rent Program, and b) that no relocation payment will be owed to the tenant. Please cc the tenant when you submit the notification.
- Rent Program staff will follow up with a letter informing you whether the arrangement meets the requirements of a temporary tenancy and, if it does, instructions for what you must do once the lease ends (move back in within 60 days, notify our office in writing within 30 days of moving back in, and provide documentation of your re-established residency).
- Staff will also send a letter to the tenant, reiterating that their tenancy will end once the lease concludes and they will not receive relocation assistance.
- Once the Rent Program receives notification that you have moved back in, we will follow up with a request for documentation of residency.
- Once 12 months have passed, we will follow up with a final request for documentation of their residency, for monitoring purposes.