Tips for an Eviction in Richmond, CA

Evicting a tenant in Richmond, California, involves navigating a complex landscape of tenant protections, local ordinances, and state laws. Richmond has enacted several tenant protection measures, including rent control and just cause eviction ordinances, that landlords must follow closely to avoid legal pitfalls. This article offers detailed tips for landlords on how to successfully manage an eviction in Richmond, CA, while adhering to all applicable laws.

1. Understand Richmond’s Rent Control and Just Cause Eviction Ordinances

Richmond’s Rent Control and Just Cause for Eviction Ordinance, officially known as the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, plays a crucial role in the eviction process. Adopted in 2016, this ordinance provides comprehensive protections for tenants and restricts the circumstances under which a landlord can evict a tenant.

Key Elements of the Ordinance:

Rent Control: Most rental units in Richmond are subject to rent control, meaning landlords can only increase rent by a certain percentage annually, as determined by the Richmond Rent Board. Units exempt from rent control include those built after 1995, single-family homes, and condominiums, provided the owner does not own more than one rental property in Richmond.
Just Cause for Eviction: The ordinance specifies that landlords can only evict tenants for specific “just causes,” which include:
- Non-Payment of Rent: The tenant fails to pay rent that is legally due.
- Breach of Lease: The tenant violates a material term of the lease or rental agreement.
- Nuisance: The tenant causes substantial and ongoing interference with other tenants’ or neighbors’ peaceful enjoyment of the property.
- Illegal Activity: The tenant engages in unlawful activity on the premises.
- Owner Move-In: The landlord, or an immediate family member, intends to occupy the unit as their primary residence.
- Withdrawal from the Rental Market (Ellis Act): The landlord intends to remove the rental unit from the market.
- Substantial Repairs: The landlord needs to perform significant repairs that require the tenant to vacate the unit.
- Demolition: The landlord intends to demolish the rental unit.

Exemptions:

Exempt Properties: Certain properties, including those built after 1995, owner-occupied properties with three or fewer units, and government-subsidized housing, are exempt from rent control but may still be subject to just cause eviction rules.

Understanding and correctly applying these regulations is crucial for landlords. Attempting to evict a tenant without a valid just cause or in violation of rent control provisions can lead to legal challenges and significant penalties.

2. Serve the Correct Eviction Notices

In Richmond, the eviction process begins with serving the tenant an appropriate notice. The type of notice required depends on the reason for the eviction:

3-Day Notice to Pay Rent or Quit: This notice is used when the tenant has failed to pay rent. It gives the tenant three days to pay the overdue rent or vacate the property.
3-Day Notice to Cure or Quit: Used when the tenant has violated a lease term, this notice gives the tenant three days to correct the violation or vacate the premises.
3-Day Notice to Quit: This is used when the tenant has committed a serious violation, such as engaging in illegal activity, for which there is no opportunity to cure.
30-Day or 60-Day Notice to Quit: These notices are used for no-fault evictions, such as an owner move-in or withdrawal of the unit from the rental market. A 30-day notice is for tenants who have lived in the unit for less than a year, while a 60-day notice is required for those who have lived there for a year or more.

Important Considerations:

Accurate Notices: Ensure that the notice is correctly drafted and complies with Richmond’s legal requirements. Any mistakes in the notice can delay the eviction process or result in the dismissal of the case.
Proper Service: The notice must be properly served according to California law, typically through personal service, substituted service, or, if necessary, service by posting and mailing.

3. Comply with the Richmond Rent Board Regulations

The Richmond Rent Board oversees rent control and just cause evictions in the city. Landlords must ensure that they comply with all Rent Board regulations, including:

Registration: Landlords must register their rental units with the Richmond Rent Board and pay an annual registration fee. Failure to register can complicate or invalidate an eviction.
Rent Increases: Any rent increases must be in line with the limits set by the Richmond Rent Board, typically based on the Annual General Adjustment (AGA).
Tenant Petitions: Tenants may file petitions with the Rent Board challenging rent increases, habitability issues, or wrongful evictions. These petitions can delay the eviction process, so landlords should be prepared to address any challenges.

4. File an Unlawful Detainer Action

If the tenant does not comply with the eviction notice, the landlord’s next step is to file an unlawful detainer action in the Contra Costa County Superior Court. This legal action seeks a court order to remove the tenant from the property.

Steps in Filing an Unlawful Detainer:

Prepare the Complaint: The complaint must be carefully drafted, detailing the legal grounds for the eviction, and include supporting documentation, such as the lease agreement and eviction notice.
Serve the Tenant: The tenant must be formally served with the complaint and summons. Service must comply with California law.
Tenant’s Response: The tenant has five days to respond to the complaint. If they file a response, the case may proceed to trial.
Court Hearing: If the tenant contests the eviction, a court hearing will be scheduled. The landlord must present evidence to support their case, and the tenant may present defenses.

5. Anticipate Common Tenant Defenses

Tenants in Richmond have several potential defenses they might raise in response to an eviction. Common defenses include:

Retaliatory Eviction: The tenant may argue that the eviction is in retaliation for exercising their legal rights, such as filing a complaint about habitability issues.
Breach of Warranty of Habitability: The tenant could claim that the property was not maintained in a habitable condition, making the eviction unjustified.
Improper Notice: The tenant might challenge the eviction on the grounds that the notice was not properly served or did not comply with legal requirements.
No Just Cause: The tenant could argue that the landlord lacks a valid reason for eviction under the Richmond Just Cause for Eviction Ordinance.

To counter these defenses, landlords should maintain thorough records of all communications, notices, and maintenance activities related to the property.

6. Consider Mediation or Settlement

Mediation can be a valuable tool for resolving disputes between landlords and tenants without resorting to a lengthy court process. The Contra Costa Superior Court offers mediation services that can help both parties reach a mutually agreeable resolution. For example, a tenant might agree to vacate the property by a certain date in exchange for a waiver of back rent or a reduction in rent arrears.

7. Understand the Ellis Act and Richmond’s Specific Provisions

The Ellis Act is a California state law that allows landlords to withdraw rental properties from the rental market, but Richmond imposes additional regulations on Ellis Act evictions.

Richmond’s Ellis Act Provisions:

Relocation Assistance: Landlords must provide relocation assistance to tenants displaced by an Ellis Act eviction. The amount is determined by the Richmond Rent Board and varies depending on factors such as tenant income and household size.
Notice Requirements: Landlords must provide tenants with a minimum of 120 days’ notice, or one year if the tenant is elderly or disabled.
Restrictions on Re-Renting: If the property is re-rented within five years, it must be offered back to the displaced tenants at the original rental rate. Additionally, the unit remains subject to rent control.

Ellis Act evictions are complex and require strict compliance with both state and local laws. Landlords considering this option should consult with an experienced attorney to navigate the process.

8. Post-Eviction Considerations

After completing an eviction, landlords should take steps to secure the property and avoid future issues:

Change the Locks: Immediately change the locks to prevent unauthorized re-entry by the evicted tenant.
Address Any Damages: Inspect the property for any damage caused by the tenant and document it thoroughly. California law requires landlords to return the tenant’s security deposit, minus any deductions for damages, within 21 days of the tenant vacating the property.
Careful Tenant Screening: To avoid future eviction challenges, landlords should carefully screen prospective tenants, including conducting background and credit checks.

Conclusion

Evicting a tenant in Richmond, CA, requires careful adherence to local ordinances, state laws, and Rent Board regulations. Landlords must ensure that they have a valid just cause for eviction, serve the correct notices, and be prepared to address any tenant defenses. The process can be complicated, particularly if the tenant contests the eviction, so it is often advisable to work with an experienced eviction attorney familiar with Richmond’s specific legal landscape.

Citations:

Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance (Richmond Municipal Code Chapter 11.100).
California Code of Civil Procedure § 1161, governing unlawful detainers.
California Civil Code § 1942.5, regarding retaliatory eviction.
California Government Code § 7060-7060.7, the Ellis Act.