The City of San Pablo has laws in place that protect tenants from unjust evictions without a cause and protects tenants from harassment by their landlord.
City Of San Pablo And Rent Increases
Does the City of San Pablo have a rent control ordinance that limits how much a tenant’s rent can be increased?
No. The City of San Pablo does not have a rent control ordinance.
Does my tenancy fall under the State of California Tenant Protection Act of 2019 for rent increase limitations?
The rent caps under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of San Pablo that meet the requirements of state rent control protection. Please read our guide to determine if your unit is covered by California Rent Control.
City Of San Pablo Just Cause For Eviction Protections
What units are covered by the just-cause eviction protection of the City of San Pablo Just Cause for Eviction Protections Ordinance?
All units in San Pablo have just-cause eviction protection once tenants have lived in the unit continuously for at least twelve months, except:
- Single-family homes where the owner is not a real estate investment trust, a corporation, or an LLC with at least one corporate member, and the owner has timely disclosed that the property is exempt;
- Owner-occupied single-family homes where the owner rents no more than two bedrooms or units, including accessory dwelling units;
- Owner-occupied duplexes where the owner has lived on the property since the start of the tenancy, provided neither unit is an accessory dwelling unit;
- Owner-occupied housing where a tenant shares a kitchen or bathroom with the owner;
- Mobile home park spaces;
- Short-term lodging such as hotels, motels, and boarding houses;
- State-licensed medical or care institutions; and
- Affordable housing units subject to deed restrictions and government affordability agreements. San Pablo, Cal., Mun. Code § 9.70.030
What are the just causes for eviction under the City of San Pablo Just Cause for Eviction Protections Ordinance?
A landlord can only evict a tenant for an at-fault or no-fault just cause reason. San Pablo, Cal., Mun. Code § 9.70.040.
At-fault reasons for eviction are the following:
- Failure to pay rent.
- Failure to cure a material violation of the lease after receiving written notice.
- Maintaining a nuisance, causing damage, failing to remediate unsanitary conditions, or using the unit illegally.
- Improper subletting or assignment.
- Refusal to permit landlord access to the unit.
- Failure to vacate after termination as property or resident manager.
- Failure to vacate after deadline provided by tenant-initiated notice of intent to vacate.
- Refusing to renew a substantially similar lease. San Pablo, Cal., Mun. Code § 9.70.050.
No-fault reasons for eviction are the following:
- Demolition.
- Substantial remodel for major structural modifications or abatement of hazardous materials, neither of which can be completed while the tenant resides in the unit and is expected to last for more than thirty days.
- Withdrawal of all units on the parcel from the rental market pursuant to the Ellis Act.
- Owner or relative move-in.
- Compliance with a government order to vacate.
- Compliance with a government order relating to habitability that necessitates vacating the rental unit.
- Compliance with a local ordinance that necessitates vacating. Cal., Civ. code § 1946.2(b)(2), San Pablo, Cal., Mun. Code § 9.70.060
What is the relocation a landlord must pay to a tenant who is evicted for a no-fault reason under the City of San Pablo Just Cause for Eviction Protections Ordinance?
For all no-fault just cause evictions, other than an order from the city to vacate, the landlord must provide a notice to the tenant of their right to relocation assistance or a rent waiver with the notice of termination. Id.
The landlord must pay the tenant relocation assistance equal to two months’ rent, waive the last two months of rent, or a combination of payment and waiver. Relocation payments must be paid within fifteen days of serving the termination notice. Id.
What are the relocation assistance requirements for tenants who must vacate because of a city order?
A tenant who is displaced because of an order by the city that the unit be vacated due to hazardous conditions, is entitled to relocation assistance payable by the landlord. San Pablo, Cal., Mun. Code § 8.05.030.
Payment must be equal to two months of the fair market rental rate, as established by HUD. San Pablo, Cal., Mun. Code § 8.05.050. The landlord is also required to return the tenant’s security deposit and pay for any utility service deposits. Id.
Relocation benefits must be paid within ten days after the order to vacate is mailed to and posted by the landlord, or at least twenty days prior to vacate date listed on the order, whichever is later. San Pablo, Cal., Mun. Code § 8.05.040. If there are fewer than ten days between receipt of the order and the vacatur date, the landlord must pay relocation assistance within twenty-four hours. Id. Landlords who fail to remit relocation payments in compliance with the deadlines must pay the tenant one and a half times the relocation benefits. San Pablo, Cal., Mun. Code § 8.05.060.
What are the requirements for a substantial remodel under the City of San Pablo Just Cause for Eviction Protections Ordinance?
A substantial remodel (1) must be for major building modifications or for abatement of hazardous materials, (2) that is expected to take longer than thirty consecutive days to complete, and (3) that cannot be performed safely while the tenant remains in occupancy. Cal., Civ. code § 1946.2(b)(2)(D). Cosmetic repairs such as painting, decorating, or minor improvements that can be safely performed without requiring a tenant to vacate, are not valid reasons for substantial remodel evictions. Id.
The landlord must obtain all necessary permits before serving the notice to the tenant. Id. The notice must be in writing and contain copies of the permits, a detailed scope of work, an estimated timeline for completion, an explanation of the tenant’s right to and the amount of relocation assistance, and a statement of the tenant’s right to first refusal if the unit returns to the rental market within one year. San Pablo, Cal., Mun. Code § 9.70.100. The landlord is not required to rent the remodeled unit to the former tenant for the prior rental rate, but the proposed rent may not exceed the fair market value. Id.
If the remodel never commences or is not completed as described in the notice, the landlord must offer the tenant the opportunity to re-rent the unit under the same lease terms at the same rental rate. Id.
What are the requirements of an owner or a relative move-in under the City of San Pablo Just Cause for Eviction Protections Ordinance?
For an owner or relative move-in, the City of San Pablo adopts the requirements under the California Tenant Protection Act. Cal., Civ. code § 1946.2(b)(2)(A), San Pablo, Cal., Mun. Code § 9.70.100.
The landlord must meet the following requirements:
- The intended occupant cannot already live in a unit on the property.
- There must be no comparable vacant units on the property.
- For a relative move in, the notice must identify the relative. Only the owner’s spouse, domestic partner, child, grandchild, parent, or grandparent may move into the unit.
- The landlord or their relative must move in within ninety days and live in the unit as their primary place of residence for at least one year.
- For leases entered into on or after July 1, 2020, a landlord may only evict a tenant for owner or relative move-in if the lease allows it or the tenant agrees in writing. Id.
If the landlord fails to comply with these requirements, the termination notice is void and the tenant is entitled to reoccupy the rental unit at the same rent and with all preexisting rights. Id. The landlord must also reimburse the tenant for reasonable moving expenses incurred in excess of the relocation payment. Id.
City Of San Pablo Anti-Harassment Protections Ordinance
Are there protections against landlord harassment and retaliation in the City of San Pablo?
All residential units in San Pablo have protections against landlord harassment and retaliation. San Pablo, Cal., Mun. Code § 9.70.100(B), San Pablo, Cal., Mun. Code § 9.80.10.
Prohibited activity includes, but is not limited to the following:
- Repeated verbal abuse, intimidation, or a threat of physical force that interferes with a tenant’s quiet enjoyment of the unit;
- Threats to disclose a tenant’s immigration status;
- Unlawful entries into the unit;
- Refusing to make repairs required by law or the lease;
- Multiple buyout offers within six months after a tenant has declined to vacate;
- Filing false reports with government agencies;
- Removing a tenant’s personal property or locking the tenant out of the unit without a court order; or
- Shutting off utilities or removing doors and windows to force the tenant to leave. San Pablo, Cal., Mun. Code § 9.80.20.
Landlords are also prohibited from retaliating against a tenant who exercises legal rights including filing complaints of unsafe living conditions, requesting repairs, reporting building code violations to city officials, pursuing legal action, or participating in a tenant organization. San Pablo, Cal., Mun. Code § 9.80.050. If, after a tenant exercises his or her rights, a landlord serves an eviction notice, increases rent, eliminates amenities, or otherwise interferes with a tenant’s rights under the lease agreement, this would constitute a violation of the San Pablo anti-retaliation laws. Id.
Tenants who experienced landlord harassment or retaliation may be entitled to actual damages, triple actual damages, punitive damages, and reasonable attorney fees. San Pablo, Cal., Mun. Code § 9.80.040.
PENALTIES FOR A LANDLORD WHO VIOLATES THE LAW
Can a tenant sue for wrongful eviction under the City of San Pablo Just Cause for Eviction Protections Ordinance?
A tenant who has been wrongfully evicted in violation of the City of San Pablo Just Cause for Eviction Protections Ordinance may sue their landlord for their actual damages, including emotional distress, loss of the value of the unit, and return of rent, and for reasonable attorney fees. San Pablo, Cal., Mun. Code § 9.70.110.
Additionally, tenants who show a landlord acted willfully, or with fraud or malice, may be entitled to triple their actual damages and may be awarded punitive damages. Id.
WHEN SHOULD I CALL A TENANT RIGHTS LAWYER?
Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney if they have any questions about their local laws or if they believe their landlord has violated the City of San Pablo’s tenant laws.
