Termination of Tenancy

CITY OF RICHMOND URGENCY ORDINANCE 02-21 ("EVICTION MORATORIUM")

On March 23, 2021, the Richmond City Council adopted Urgency Ordinance 02-21, establishing a temporary moratorium prohibiting landlords from evicting tenants in most circumstances during the Local Emergency and sixty (60) days afterward.

NEW NOTICING REQUIREMENTS:

Any notice of termination of tenant served on a tenant during the local emergency and sixty days afterward shall include the following statement in bold, underlined, 12-point font:

"An Emergency Eviction Moratorium is currently in effect, other than for failure to pay rent, an imminent health or safety threat or to remove the residential real property from the rental market, but only when authorized by Government Code section 7060 et seq., residential evictions are restricted during the local COVID-19 Emergency declared by the City of Richmond. Residential tenants who are being evicted for failure to pay rent may have additional protections under California law. You may contact the Richmond Rent Program at (510) 234-RENT (7368) for additional information and referrals or visit www.richmondrent.org."

THE COVID-19 TENANT RELIEF ACT (AB 832)

The "COVID-19 Tenant Relief Act of 2020" was signed by Governor Newsom on August 31, 2020. The Act prohibited evictions of residential Tenants for nonpayment of Rent or other unpaid financial obligations from March 1, 2020, through January 31, 2021, if the reason for nonpayment of rent was COVID-19 related financial distress and certain requirements are met. As amended through the passage of SB-91, the "COVID-19 Tenant Relief Act ("CTRA") prohibited eviction of residential Tenants for nonpayment of rent or other unpaid financial obligations due from March 1, 2020, through June 30, 2021, so long as certain requirements are met. As amended through the passage of AB 832, the most recent version of the CTRA prohibits evictions of residential Tenants for nonpayment of rent or other unpaid financial obligations due from March 1, 2020, through September 30, 2021, so long as certain requirements are met.

Please visit our homepage at www.richmondrent.org for more information about evictions during the period of local emergency, as well as resources, noticing requirements, and other emergency needs. Access the COVID-19 and Rental: What Richmond Tenants and Landlords Need to Know Fact Sheet.

Under the Just Cause for eviction provisions of the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, Tenants can only be evicted for specific reasons stated in the law. The Just Cause for eviction law provided in Rent Ordinance (RMC 11.100) will continue to apply to most residential Tenants.

Landlords of Rental Units in the City of Richmond may only terminate tenancy if there is a "just cause" to evict. These reasons include:

Failure to Pay Rent (considering the above information)
Breach of Lease*
Nuisance*
Failure to Give Access*
Substantial Repairs (temporary termination of tenancy)**
Owner Move-In**
Withdrawal from the Rental Market**
Temporary Tenancy (note: applies to single-family homes and condominiums for a maximum period of up to twelve (12) months. The Landlord and Tenant must agree to the temporary tenancy at the start of the lease, and this agreement may not be renewed.) NOTE: Landlords must complete and file a Declaration of Temporary Tenancy with the Rent Program prior to the commencement of the Tenancy.

*Written Warning Notice Required

**Relocation Payment Required

Written Warning Notice

If the Landlord is terminating tenancy due to the Tenant’s breach of the lease, if the Tenant is causing a nuisance, or is failing to give access to the Rental Unit, the Landlord MUST provide the tenant with a Written Warning Notice BEFORE they can proceed to terminate tenancy. The Written Warning Notice must give the Tenant the opportunity to fix the issue(s) described in the Warning Notice, and the Landlord must provide a reasonable amount of time for the Tenant to comply (RMC 11.100.050(d)).

Landlords are encouraged to refer to the document below, which contains an instruction sheet and Written Warning Notice Template. Landlords are welcome to use their own notice; however, the Template provided below meets all of the requirements of the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.

Written Warning Notice (Spanish/English Version)

Written Warning Notice (English Version Only)

Termination of Tenancy Procedure

Create and/or Sign In to your City of Richmond web account: Sign in or Create a Web Account.
Enroll. Complete a Property Enrollment form for each property with at least one Rental Unit, and Tenancy Registration forms for all tenancies in a Controlled Rental Unit (if required). For more information about Property Enrollment and Tenancy Registration, please visit the Enrollment and Registration webpage.
Serve the Tenant Notification of Termination of Tenancy. Sample templates are available using the links below; Landlords may use their own notice as long as it includes the information covered in the template. Remember: if the just cause for eviction is substantial repairs, owner move-in, or withdrawal from the rental market, the tenant MUST be served the Notice of Entitlement to Relocation Assistance and the requisite Tenant Assertion Forms, all of which are provided in the templates.
Within two (2) business days after service on the Tenant, complete the online Notification of Termination of Tenancy form: Notification of Termination of Tenancy and include a Proof of Service. Alternatively, for properties with five (5) units or fewer, a copy of the notice of termination of tenancy and proof of service may be filed by mailing a hard copy to the City of Richmond Rent Program, 440 Civic Center Plaza, Suite 200, Richmond, CA 94804. Other such requests will be reviewed on a case-by-case basis.

PLEASE NOTE: FAILURE TO FILE A NOTICE OF TERMINATION OF TENANCY WITH THE RENT BOARD (STEP 4) MAY BE USED AS A DEFENSE TO AN UNLAWFUL DETAINER (EVICTION) LAWSUIT (RMC 11.100.050(g))