Sacramento Owner Move-In Evictions Under the Sacramento Tenant Protection Act
Under the Sacramento Tenant Protection Act, landlords are permitted to terminate a tenancy to perform an owner move-in eviction or relative move-in eviction, which requires the owner or relative to reside in the unit as their primary residence for twelve (12) months. Despite being a lawful just cause for eviction, the owner must follow strict rules regarding the owner or relative move-in following the eviction. The Sacramento Tenant Protection Program regulates owner move-in and relative move-in evictions of covered units in Sacramento. As with Sacramento Ellis Act evictions, an owner or relative’s failure to comply with the Sacramento Tenant Protection Act’s Owner Move-In or Relative Move-In provisions results in the Sacramento tenant having a claim for wrongful eviction.
Owner Move-In Defined
Under the Sacramento Tenant Protection Act, an owner move-in eviction occurs where the landlord seeks to recover possession in good faith for use and occupancy as a primary residence by the owner, or their spouse, domestic partner, parent, grandparent, brother, sister, child, and grandchild, whether related by blood, birth, adoption, marriage, or registered domestic partnership. Sacramento Municipal Code §§ 5.156.090, 5.156.020. Please note that in-laws are not considered part of the owner’s immediate family for relative move-in eviction purposes unless the owner’s spouse is also a property owner. Sacramento Tenant Protection Program Administrative Procedures § 1.08.
To perform an owner move-in or relative move-in eviction, the owner must be a natural person and have at least a fifty-one percent (51%) ownership interest in the property. Sacramento Tenant Protection Program Administrative Procedures § 1.08. An LLC or corporate landlord may not perform an owner move-in eviction or a relative move-in eviction.
What Types of Rental Units Does the Sacramento Tenant Protection Act Cover?
The Sacramento Tenant Protection Act’s Owner Move-In Eviction and Relative Move-In Eviction Act provisions only cover specific rental units. Specifically, the Sacramento Tenant Protection Act covers all units leased for residential use under a lease agreement in the City of Sacramento. Sacramento Municipal Code § 5.156.020. Leases may be written, verbal, or implied by landlord and tenant conduct. However, the Sacramento Tenant Protection Act exempts certain rental units, including:
- Units in hotels, motels, inns, tourist homes, or room and board homes rented to guests for fewer than thirty (30) days, or other transient occupancies as defined in Civil Code section 1940(b);
- Units in hospitals, medical care facilities, residential care facilities, asylums, group homes for seniors or the disabled, transitional housing programs for the unhoused, converts or monasteries owner and operated by a religious organization, frat and sorority houses, and dormitories owned and operated by accredited higher education institutions;
- Units with income-based rent that are owned and operated or subsidized by a government entity or subject to a government affordable housing contract leased to families with an income of 120% of the area median income or below;
- Units in which the tenant shares a bathroom or kitchen with the property owner;
- Units that were built after February 1, 1995, as specified on the Certificate of Occupancy (“CO”), or, where no CO exists, the final inspection date;
- Units in condominium complexes or stock cooperatives; and,
- Units that the landlord or the landlord’s immediate family occupancy as their primary residence. Sacramento Municipal Code § 5.156.030.
Click here to read more about the Sacramento Tenant Protection Act.
Are Disabled, Senior, or Minor Children Sacramento Tenants Protected from Owner Move-In or Relative Move-In Evictions?
No, the Sacramento Tenant Protection Act does not contain any protections from owner move-in or relative move-in evictions performed on rental units with disabled, senior, or minor children Sacramento tenants.
What Must the Landlord Include on a Termination of Tenancy Notice When Performing an Owner Move-In or Relative Move-In Eviction on a Sacramento Tenant?
The landlord must serve the Sacramento tenant with written notice to perform an owner move-in or relative move-in eviction on a Sacramento tenant. Sacramento Municipal Cod § 5.156.090. The written must state the just cause reason for the termination of tenancy; here, an owner move-in or relative move-in eviction. The written notice must also provide the Sacramento tenant with at least one-hundred-and-twenty (120) days to vacate the property. The written notice should also specify the person’s name who will reside in the Sacramento tenant’s unit following the termination of tenancy. Also, after serving the Sacramento tenant with advanced written notice, the landlord must provide a copy of the written notice and a copy of the rental agreement to the Sacramento Tenant Protection Program.
Does the Sacramento Tenant Protection Act Provide Sacramento Tenants Displaced Due to an Owner Move-In Eviction or Relative Move-In Eviction with Relocation Payments?
Unfortunately, the Sacramento Tenant Protection Act does not provide Sacramento tenants displaced due to an owner move-in eviction or relative move-in eviction with relocation payments. However, some Sacramento tenants may be covered by the California Tenant Protection Act of 2019, which provides relocation assistance when the landlord performs an owner move-in eviction or relative move-in eviction. For more information about the California Tenant Protection Act of 2019, click here.
After Recovering Through an Owner Move-In Eviction or Relative Move-In Eviction, How Long May the Landlord Keep the Unit Vacant?
Under the Sacramento Tenant Protection Act, the landlord must move into the recovered rental unit within a “reasonable time.” Sacramento Tenant Protection Program Administrative Procedures § 1.08. The landlord may remodel the unit before the owner or relative moves in. However, the owner or the qualified relative must file an “Owner Move-In Initial Declaration of Occupancy” within one-hundred-and-twenty (120) days of moving into the unit.
After Moving into a Unit Recovered Through an Owner Move-In or Relative Move-In Eviction, How Long Must the Owner or Qualified Relative Reside in the Unit?
After moving into a unit recovered through an owner move-in or relative move-in eviction, the owner or qualified relative must reside in the rental unit for twelve (12) months. Sacramento Tenant Protection Program Administrative Procedures § 1.08.
What Happens When the Sacramento Tenant Vacates the Unit Before the 120 Expires, and the Landlord Decides Not to Perform the Owner Move-In Eviction or Relative Move-In Eviction?
If the Sacramento tenant moves out during the notice period, and the owner subsequently decides to cancel the owner move-in eviction or relative move-in eviction, the owner must notify the Sacramento Tenant Protection Programand the former tenant. Sacramento Tenant Protection Program Administrative Procedures § 1.08. Additionally, the landlord must inform the Sacramento tenant that they can move back into their former home at the same rental rate in effect as of the date they vacated.
What Happens if the Owner or Qualified Relative Vacates the Unit Recovered Under an Owner Move-In Eviction or Relative Move-In Eviction Before Residing in the Unit for Twelve Months?
Where the landlord or qualified relative fails to reside in the recovered unit for twelve (12) months, the landlord must offer the Sacramento tenant their former home at the same rental rate in effect as of the date they vacated. Sacramento Tenant Protection Program Administrative Procedures § 1.08. Their failure to do so constitutes a wrongful eviction. The Sacramento tenant has a claim for money damages, and may file a civil lawsuit in court. Contact Astanehe Law for more information.
What Happens When the Landlord Recovers the Unit by Performing an Owner Move-In Eviction or Relative Move-In Eviction, But the Owner or Qualified Relative Fail to Occupy the Recovered Unit?
The Sacramento tenant has been wrongfully evicted where the owner or qualified relative fails to occupy a unit recovered under Sacramento Owner Move-In eviction or Relative Move-In eviction laws. Sacramento Tenant Protection Program Administrative Procedures § 1.08. The Sacramento tenant has a claim for money damages, and may file a civil lawsuit in court. Contact Astanehe Law for more information.
What Can Sacramento Tenants Do When Their Landlord Abuses the Sacramento Owner Move-In or Relative Move-In Eviction Law?
Sacramento tenants facing landlord owner move-in or relative move-in eviction abuse may contact the city attorney’s office by phone or in person or file a petition with the Sacramento Tenant Protection Program. Additionally, they may initiate a civil lawsuit, for money damages against their landlord. Sacramento Municipal Code § 5.156.120. This includes tenants suffering harassment or retaliation for fighting back against landlord abuse of the Owner Move-In eviction, Relative Move-In eviction laws, or the Sacramento Tenant Protection Act. This includes instances where the Sacramento tenant suffers a wrongful eviction related to a fraudulent Sacramento Owner Move-In eviction or Relative Move-In eviction.
To discuss the Sacramento Tenant Protection Act, Sacramento Ellis Act Evictions, Sacramento Owner Move-In Evictions and Relative Move-In Evictions, or California Rent Control (AB1482), contact Astanehe Law, including by phone or email, to speak with a tenant attorney.
