Sonoma County Residential Tenancy Protections Ordinance

Does Sonoma County have an ordinance that caps rent increases?

Units in unincorporated Sonoma County do not have limits on rent increases.  However, many units in unincorporated Sonoma County may have rent limits under the State of California Tenant Protection Act if the building is more than fifteen years old and meets certain requirements.  For units covered under the Tenant Protection Act, a landlord may only increase rent each year by 5% plus the annual percent change in the Consumer Price Index.  The increase may not exceed 10%.

Civil Code § 1947.12(a)

What units are covered by the just-cause eviction protection of the Sonoma County Just Cause Tenant Protections Ordinance? 

All units in unincorporated Sonoma County built more than fifteen years ago have just-cause eviction protection, except single-family homes, condominiums, and townhomes 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 duplexes where the owner lived on the property at the start of the tenancy; owner-occupied housing where the tenant shares a kitchen or bathroom with the owner; short-term lodging such as hotels, motels, and boarding houses; and state-licensed medical or care institutions.  Unlike the State of California Tenant Protection Act, affordable housing units subject to deed restrictions and government affordability agreements have just-cause eviction protection. 

Civil Code § 1946.2(e)

Sec. 4-254(b)

What are the at-fault just causes for eviction for units covered by the Sonoma County Just Cause Tenant Protections Ordinance?

1. Failure to pay rent if the tenant owes more than one month’s rent or if the tenant owes less than one month’s rent on more than two occasions within a year
2. Failure to cure a material violation of the lease after receiving written notice
3. Maintaining a nuisance, causing damage, failing to remediate unsanitary conditions, or using the unit illegally
4. Refusing to renew a substantially similar lease
5. Improper subletting or assignment
6. Refusal to permit landlord access to the unit
7. Failure to vacate after termination as property or resident manager

Civil Code § 1946.2(b)(1)

Sec. 4-255 & 4-256

What are the circumstances in which a landlord may terminate the tenancy for no-fault under the Sonoma County Just Cause Tenant Protections Ordinance?

1. Demolition
2. Withdrawal of all units on the parcel from the rental market pursuant to the Ellis Act
3. Owner or relative move-in
4. Compliance with a government order to vacate
5. Compliance with a government order relating to habitability that necessitates vacating the rental unit
6. Compliance with a local ordinance that necessitates vacating

Civil Code § 1946.2(b)(2)

What are the requirements of an owner or a relative move-in under the Sonoma County Just Cause Tenant Protections Ordinance?

For an owner or relative move-in, Sonoma County adopts the requirements under the California Tenant Protection Act.  Under this Act, if a tenant has lived in the unit for less than one year, the landlord must provide at least thirty days’ notice, and if a tenant has lived in the unit for longer than one year, the landlord must provide at least sixty days’ notice.  The notice must state the just-cause reason for termination, identify the intended occupant and relationship to the owner, and explain the tenant’s right to relocation assistance.

A landlord cannot terminate a tenancy for an owner or relative move-in if the intended occupant already lives in another unit on the property or if another similar vacant unit is available on the property.  Additionally, 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.

The new resident must move into the unit within ninety days and must use it as a primary residence for at least one year.  All termination notices served on or after January 1, 2025, must be filed with the county of Sonoma within three days of service on the tenant.  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.

Civil Code § 1946.2(b)(2)(A)

Sec. 4-259(a)(2)

Are landlords required to pay relocation assistance to tenants under the Sonoma County Just Cause Tenant Protections Ordinance?

For units covered by the Sonoma County Just Cause Tenant Protections Ordinance, a landlord who seeks to recover possession of the unit based on a no-fault just cause must provide written notice of the tenant’s right to relocation assistance or a rent waiver with the notice of termination.  The landlord must pay the tenant relocation assistance equal to the fair market monthly rent or the actual monthly rent, whichever is greater.  Relocation payments must be provided within fifteen days of serving the notice.

If the landlord chooses to waive the last month’s rent instead of making a payment and fair market rent is higher than the tenant’s actual rent, the landlord must still pay the difference to the tenant.  This amount must be paid no later than the date the tenant’s last month’s rent would have been due but for the waiver.

For evictions due to demolition or substantial remodel, a tenant is not entitled to relocation assistance if a government agency determines that the tenant caused the conditions requiring the demolition or remodel.

Civil Code § 1946.2(b)(2)(C)

Civil Code § 1946.2(d) 

Sec. 4-257

Are there any protections from termination of tenancy in declared states of emergency under the Sonoma County Just Cause Tenant Protections Ordinance?

Upon declaration of a local state of emergency, all units in designated locations of Sonoma County, except short-term lodging and state-licensed care institutions, have additional protections against termination of tenancy.  During this period, a landlord may only evict a tenant if it is necessary to abate a serious safety threat, if the landlord is removing the unit from the rental market, or if there is a government order requiring the tenant to vacate.  For non-immediate, non-violent safety issues, the tenant must be given ten days to resolve the violation.

Any termination notice served during a state of emergency must state that a temporary eviction restriction is in effect and list one of the limited exceptions.  A landlord’s failure to strictly comply with these restrictions renders the termination notice void.

Sec. 4-258

Can a tenant sue for wrongful eviction under the Sonoma County Just Cause Tenant Protections Ordinance?

A tenant who has been wrongfully evicted in violation of the Sonoma County Tenant Protections Ordinance may bring a civil action seeking damages for emotional distress, loss of the value of the unit, return of rent, and other equitable relief to restore the tenant’s position.

Sec. 4-260