Pasadena passed Resolution No. 9970 on December 22, 2022, certifying that voters
approved the Pasadena Charter Amendment Initiative Petition Measure Imposing Rent
Control, also known as Measure H. Measure H prevents landlords from raising rents
unreasonably and evicting residents without reasonable cause. If you’re a landlord, you
must understand how to navigate this measure with tenants when reviewing rental
contracts. A landlord-tenant attorney with experience handling such disputes can advise
landlords in making the right choices with their tenants.
What is a No-Fault Eviction?
No fault evictions are a type of eviction where the tenant has not done anything wrong
to warrant an eviction. Examples of no-fault evictions include but are not limited to the
following.
- Owner Move-in
- Intent to demolish or substantially remodel the unit
- Withdrawal of the unit from the rental market
The main topic of discussion at hand will focus on an owner evicting a tenant so that
they may vacate the property themselves.
Owner Move in
In this type of No-Fault Eviction, the Landlord seeks to recover possession of the Rental
Unit in good faith for use and occupancy as a Primary Residence by the Landlord,
Landlord’s spouse, domestic partner, children, grandchildren, parents, or grandparents.
It is important to note that this mode of eviction is only available for properties that are
owned by individuals rather than other legal entities such as an LLC. After all,
companies can’t have families. Additionally, if the Landlord or an enumerated relative
already occupies a unit on the property then this type of eviction cannot be used. So,
only one family member is allowed on each property.
How to Initiate an Owner Move in Eviction
The requirements for an Owner Move in eviction in Pasadena are strenuous. To first
start the process, the Landlord must provide a Notice of intent to terminate tenancy to
the Pasadena Housing rental board. A copy of the notice of intent, along with a blank
copy of the Tenant Relocation Claim packet must also be sent to the effected tenants.
This step must be taken at least 30 days prior to when the Notice of Termination of
tenancy is served on the tenants.
Tenants are encouraged but not required to respond at all within 15 days. The tenant
response should include the filled-out Tenant Relocation Claim packet and should be used to determine the amount of relocation assistance that they are owed. If they do not
respond, then the Landlord should assume that the amount owed is the Base
Relocation Payment amount available on the City’s website.
The City also requires Landlord’s to provide the effected tenants with a Relocation
Agency which is a company that provides relocation consulting, to provide relocation
advisory services to their Tenants.
Serving the Termination of Tenancy
At this point Landlords can officially serve their tenants with Termination of Tenancy in
accordance with applicable noticing requirements in state law and the Pasadena
Charter Amendment. At the same time as serving their tenants with a notice, Pasadena
also requires the Landlords to provide the tenants with access to a subscription service
with a rental agency. This subscription must be provided until such time that the Tenant
secures replacement housing, or the Notice of Termination of Tenancy expires.
Within 10 days after service of the notice, the Landlord must provide the first half of the
Relocation Assistance payment. At least 28 days before the Notice is set to expire the
Landlord must provide the remaining half of the payment to the Tenant.
After the tenant has moved out you are required to return the security deposit in full within 21
days after the Tenant vacates.
How Marinaccio Law Can Help
As you can see, the process for evicting a Tenant through an Owner Move in is
complex. If you’re a landlord who needs assistance with this matter, work with a
Pasadena real estate attorney from Marinaccio Law. We will help create beneficial
agreements you and your tenants that abide by Pasadena ordinance. Contact us to
schedule a consultation for your case at Tel: 818-839-5220.
