Concord Owner Move-In Evictions & Relative Move-In Evictions

7 min readFeb 24, 2024

Concord Owner Move-In Evictions & Relative Move-In Evictions

Under the Concord Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in eviction or a relative move-in eviction, which requires the owner or relative to reside in the unit as their primary residence following the eviction. Despite being a lawful just cause for eviction under the Concord Rent Ordinance, the owner, or their qualified relative, must adhere to strict rules following the eviction. An owner’s failure to comply with the Concord Rent Ordinance following an owner or relative move-in eviction may result in a wrongful eviction claim.

Owner Move-In Defined

An owner move-in eviction occurs where the landlord seeks to recover possession in good faith, honest intent, and without ulterior motive for their own, or a qualified relative’s, use and occupancy as their principal place of residence for at least twenty-four (24) consecutive months within ninety (90) days of the Concord tenant vacating. Concord Municipal Code § 19.40.070(d)(1). Under the Concord Rent Ordinance, qualified relatives include the landlord’s parent, children, spouse, or registered domestic partner, grandparent, or grandchild. Concord Municipal Code§ 19.40.010(c)(21).

What Restrictions Prohibit the Landlord from Performing an Owner Move-In Eviction Relative Move-In Eviction to Remove the Concord Tenant?

Under the Concord Rent Ordinance, the landlord may not perform an Owner Move-In Eviction or Relative Move-In Eviction where the landlord or qualified family member already occupy a unit at the property. Concord Municipal Code § 19.40.070(d)(1)(a).

To terminate a tenancy, the landlord must be:

A natural person that has a twenty-five percent (25%) ownership interest in the property;
A natural person who has any ownership interest in the property if one hundred percent (100%) of the ownership interest is divided amongst family owners that are siblings, spouses, domestic partners, children, parents, grandparents, or grandchildren; or,
Natural persons whose ownership interests in the property is owned through a limited liability company or partnership. Concord Municipal Code § 19.40.070(d)(1)(d).

What Information Must Concord Landlords Include on an Owner Move-In Eviction or Relative Move-In Eviction Termination of Tenancy Notice?

As is required by California law, landlords must serve a written termination of tenancy providing for thirty or sixty days’ notice. California Civil Code § 1946.1. For units covered under the Concord Rent Ordinance’s just cause for eviction protections, the written termination of tenancy notice must include the following information:

Serve a written notice informing the Concord tenant that the landlord seeks to terminate the tenancy for at least one (1) of the fifteen (15) enumerated just cause reasons to terminate a tenancy under the Concord Rent Ordinance;
The landlord has not accepted and will accept rent beyond the term of the terminated tenancy; and,
The landlord expressly states that the termination of tenancy is for one of the enumerated just cause reasons for eviction in the Concord Rent Ordinance. Concord Municipal Code § 19.40.070.

Where the landlord seeks to terminate a tenancy to effectuate an owner move-in eviction or relative move-in eviction, the notice of termination of tenancy must contain the name and, for relative move-in evictions, the relationship to the landlord of the intended occupant. Concord Municipal Code § 19.40.070. Additionally, the written notice must include notice that the Concord tenant may request proof that the intended occupant is a landlord or the landlord’s family member.

What Concord Tenants are Protected from Owner Move-In Evictions & Relative Move-In Evictions?

Under the Concord Rent Ordinance, certain tenants are protected from Concord owner move-in evictions and Concord relative move-in evictions. These tenants are senior, disabled, or terminally ill Concord tenants. Concord Municipal Code § 19.40.070(d)(1)(e). The landlord may not terminate a senior, disabled, or terminally ill tenants tenancy pursuant to the owner move-in or relative move-in eviction where that tenant has resided in their home for at least three (3) years. However, where the landlord or the qualified family member that will occupy the recovered rental unit is either a senior, disabled, or terminally ill tenant, and no other vacant units are available at the property, the landlord may terminate the Concord tenant’s tenancy pursuant to an owner move-in eviction or relative move-in eviction.

Under the Concord Rent Ordinance, a senior tenant is a Concord tenant who is at least sixty-two (62) years old. Concord Municipal Code § 19.40.010(c)(32). A disabled tenant is a Concord tenant that has any mental or physical disability as defined in Government Code section 12955.3. Concord Municipal Code § 19.40.010(c)(11). A terminally ill tenant is a tenant who has a terminal disease as defined by California’s End of Life Option Act as any, “incurable and irreversible disease that has been medically confined and will, within reasonable medical judgment, result in death within six (6) months” and which is verified in writing by the Concord tenant’s medical care provider. Concord Municipal Code § 19.40.010(c)(37).

Finally, Concord tenants are required to written notification of their right to relocation assistance at the time of service of the termination of tenancy notice. Concord Municipal Code § 19.40.080(a)(1). Further, each termination of tenancy notice must include a self-addressed stamped postcard, as set forth by Concord, on which the Concord tenant may indicate, under penalty of perjury, whether they or another Concord tenant in the unit are a Protected Tenant (Low-Income, Disabled, Senior, Terminally Ill, School-Aged Children).

Are Concord Tenants With School Aged Children Protected From Owner Move-In Evictions & Relative Move-In Evictions During the School Year?

Yes. The Concord Rent Ordinance prohibits owner move-in evictions and relative move-in evictions during the school year where a school aged child resides in the unit with the Concord Tenant. Concord Municipal Code § 19.40.070(f). Where the landlord violates this prohibition, the Concord tenant has thirty (30) days to submit a statement with supporting evidence to the landlord claiming to have a school age child residing in the unit. Should the landlord wish to challenge the protected status claim, they must file an unlawful detainer (eviction) proceeding.

What Happens If the Owner or Qualified Relative Fail to Move Into an Owner Move-In Unit or Reside in the Unit for Twenty-Four Consecutive Months?

Where an owner or relative fails to move into a unit obtained pursuant to an owner move-in or relative move-in eviction notice within ninety (90) days of the Concord tenant moving out or fails to reside in the unit continuously for twenty-four months, the Concord Rent Ordinance mandates severe consequences. Concord Municipal Code § 19.40.070(e)(1). The landlord must reimburse the Concord tenant for reasonable moving expenses and pay up to three (3) months’ rent. Additionally, the landlord must rent the unit at the rent in effect at the time when the landlord served the termination of tenancy notice — notwithstanding any permissible rent increases under the Concord Rent Ordinance — including where the displaced Concord tenant reoccupies their former home.

Relocation Assistance Under the Concord Rent Ordinance for Owner Move-In and Relative Move-In Evictions

The Concord Rent Ordinance provides tenants with relocation assistance for certain no-fault termination of tenancies, including owner move-in and relative move-in evictions. Concord Municipal Code § 19.40.080. Every Concord tenant household is entitled to a base relocation payment. Households with protected tenants (Low-Income, Disabled, Senior, Terminally Ill, School-Aged Children) are entitled to Protected Tenant Relocation Assistance payable to the entire Concord rental unit. For Concord owner move-in evictions and relative move-in evictions, the landlord must provide relocation payments as follows:

StudioOne-BedroomTwo-BedroomThree-BedroomBase Assistance$TBD$TBD$TBD$TBDSupplemental Assistance for Protected Tenant$TBD$TBD$TBD$TBDTotal Base & Supplemental$TBD$TBD$TBD$TBD

Concord tenants must receive one half of their total relocation assistance payment within fifteen (15) days of service of the termination of tenancy notice. The remaining portion must be tendered in cash no later than the date the Concord tenant vacates their home.

In addition to the relocation assistance, Concord tenants are entitled to a $3,000 moving stipend, which the landlord must provide no later than the date the Concord tenant vacates their home. Concord Municipal Code § 19.40.080(a)(2)(d).

Following a Concord Owner Move-In Eviction or Relative Move-In Eviction, How Long May an Owner Keep A Concord Rental Unit Vacant?

Following a Concord Owner Move-In Eviction, How Long Must the Owner or Qualified Relative Occupy the Unit?

My Former Landlord May Have Violated the Concord Rent Ordinance, Do I have a Claim?

Yes, you may have a claim for wrongful eviction, which could entitle you to money damages. Read more here or contact Astanehe Law to discuss the Concord Rent Ordinance, Concord owner move-in wrongful evictions, Concord Ellis Act Evictions, or California Rent Control.

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