California Eviction of Rent Control Tenant for Landlord Occupancy

The California Civil Code, Chapter 2, Section 1947.10 requires landlords who claim the reason for evicting a tenant from a rent controlled property is to occupy the property for personal or immediate relative use, must do the following:

6 Month Occupancy Required

In any city, county, or city and county which administers a system of controls on the price at which residential rental units may be offered for rent or lease and which requires the registration of rents, any owner who evicts a tenant based upon the owner’s or the owner’s immediate relative’s intention to occupy the tenant’s unit, shall be required to maintain residence in the unit for at least six continuous months.

Penalties for Fraud

If a court determines that the eviction was based upon fraud by the owner or the owner’s immediate relative to not fulfill this six-month requirement, a court may order the owner to pay treble (3x) the cost of relocating the tenant from his or her existing unit back into the previous unit and may order the owner to pay treble (3x) the amount of any increase in rent which the tenant has paid. If the tenant decides not to relocate back into the previous unit, the court may order the owner to pay treble (3x) the amount of one month’s rent paid by the tenant for the unit from which he or she was evicted and treble the amount of any costs incurred in relocating to a different unit.

Note: The prevailing party shall be awarded attorney’s fees and court costs.

Added by Stats. 1989, Ch. 987, Sec. 3.

Return to California Landlord-Tenant Laws.