Termination of Tenancy

THE TENANT, HOMEOWNER, AND SMALL LANDLORD RELIEF AND STABILIZATION ACT OF 2020 (AB 3088)

The COVID-19 Tenant Relief Act of 2020 was signed by Governor Newsom on August 31, 2020. The Act provides that residential Tenants who are unable to pay rent during COVID-19 emergency cannot be evicted for rents that became due between March 1, 2020, and January 31, 2021, if certain requirements are met. The Act's eviction protections apply only where the evictions are based on nonpayment of rent.

Additionally, under the Contra Costa County's Urgency Ordinance 2020-26, adopted September 29, 2020. Landlords are prohibited from evicting Tenants for certain reasons through January 31, 2020.

Please visit our homepage at www.richmondrent.org for more information about evictions during the period of local emergency, as well as resources, noticing requirements, and other emergency needs. Access the COVID-19 and Rental: What Richmond Tenants and Landlords Need to Know Fact Sheet (English and Spanish).

Under the Just Cause for eviction provisions of the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance, Tenants can only be evicted for specific reasons stated in the law. The Just Cause for eviction law provided in Rent Ordinance (RMC 11.100) will continue to apply to most residential Tenants.

Rent Program staff are available by phone at (510) 234-RENT [7368] or email (rent@ci.richmond.ca.us) to address any questions from community members.

Landlords of Rental Units in the City of Richmond may only terminate tenancy if there is a "just cause" to evict. These reasons include:

Failure to Pay Rent (considering the above information)
Breach of Lease*
Nuisance*
Failure to Give Access*
Substantial Repairs (temporary termination of tenancy)**
Owner Move-In**
Withdrawal from the Rental Market**
Temporary Tenancy (note: applies to single-family homes and condominiums for a maximum period of up to twelve (12) months. The Landlord and Tenant must agree to the temporary tenancy at the start of the lease, and this agreement may not be renewed.) NOTE: Landlords must complete and file a Declaration of Temporary Tenancy with the Rent Program prior to the commencement of the Tenancy.

*Written Warning Notice Required
**Relocation Payment Required

FILE A COPY OF A TERMINATION OF TENANCY NOTICE (INCLUDES 3-DAY NOTICES TO PAY RENT OR QUIT OR NOTICES TO PERFORM COVENANT OR QUIT) AND PROOF OF SERVICE

: Termination of Tenancy Form

Written Warning Notice

If the Landlord is terminating tenancy due to the Tenant’s breach of the lease, if the Tenant is causing a nuisance, or is failing to give access to the Rental Unit, the Landlord MUST provide the tenant with a Written Warning Notice BEFORE they can proceed to terminate tenancy. The Written Warning Notice must give the Tenant the opportunity to fix the issue(s) described in the Warning Notice, and the Landlord must provide a reasonable amount of time for the Tenant to comply (RMC 11.100.050(d)).

Landlords are encouraged to refer to the document below, which contains an instruction sheet and Written Warning Notice Template. Landlords are welcome to use their own notice; however, the Template provided below meets all of the requirements of the Richmond Fair Rent, Just Cause for Eviction, and Homeowner Protection Ordinance.

Written Warning Notice (Spanish/English Version)

Written Warning Notice (English Version Only)

Termination of Tenancy Procedure

Create and/or Sign In to your City of Richmond web account: Sign in or Create a Web Account.
Enroll. Complete a Property Enrollment form for each property with at least one Rental Unit, and Tenancy Registration forms for all tenancies in a Controlled Rental Unit (if required). For more information about Property Enrollment and Tenancy Registration, please visit the Enrollment and Registration webpage.
Serve the Tenant Notification of Termination of Tenancy. Sample templates are available using the links below; Landlords may use their own notice as long as it includes the information covered in the template. Remember: if the just cause for eviction is substantial repairs, owner move-in, or withdrawal from the rental market, the tenant MUST be served the Notice of Entitlement to Relocation Assistance and the requisite Tenant Assertion Forms, all of which are provided in the templates.
Within two (2) business days after service on the Tenant, complete the online Notification of Termination of Tenancy form: Notification of Termination of Tenancy and include a Proof of Service. Alternatively, for properties with five (5) units or fewer, a copy of the notice of termination of tenancy and proof of service may be filed by mailing a hard copy to the City of Richmond Rent Program, 440 Civic Center Plaza, Suite 200, Richmond, CA 94804. Other such requests will be reviewed on a case-by-case basis.

PLEASE NOTE: FAILURE TO FILE A NOTICE OF TERMINATION OF TENANCY WITH THE RENT BOARD (STEP 4) MAY BE USED AS A DEFENSE TO AN UNLAWFUL DETAINER (EVICTION) LAWSUIT (RMC 11.100.050(g))