Does the City of Sunnyvale have an ordinance that caps rent increases?
Units in Sunnyvale do not have limits on rent increases. However, many units in Sunnyvale 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 City of Sunnyvale Residential Tenant Protections Programs Ordinance?
All units in Sunnyvale have just-cause eviction protection once at least one tenant has lived in the unit continuously for twelve months or more, 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; state-licensed medical or care institutions; and affordable housing units subject to deed restrictions and government affordability agreements.
Civil Code § 1946.2(e)
Sec. § 19.71.03(b)
Does the City of Sunnyvale Residential Tenant Protections Programs Ordinance include other tenants’ rights outside of just-cause eviction protection?
Landlords of units covered by the just-cause eviction protection of the City of Sunnyvale Residential Tenant Protections Program Ordinance must offer prospective tenants a written lease at a stated rental rate with a minimum term of twelve months, or a menu of term options that includes a twelve-month option. This also applies to existing tenants seeking to renew a lease which has a term other than month-to-month, unless the tenant previously rejected an offer complying with the ordinance and has a written lease with a term of less than six months.
The tenant must respond to the landlord’s offer in writing within five days. Only after a tenant rejects the initial lease offer with the mandatory minimum term, may a landlord offer shorter term lengths.
Existing month-to-month tenants may request a twelve-month lease so long as the tenant has not previously received a notice of violation that remains uncured. The tenant must make the request in writing, and the landlord must offer a written lease with terms substantially similar to the existing agreement, except for the minimum twelve-month lease term.
Landlords must provide written notice to tenants of the rights protected under the City of Sunnyvale Residential Tenant Protections Program Ordinance and post summaries of these rights in conspicuous common areas.
Tenants exercising rights under the City of Sunnyvale Residential Tenant Protections Program Ordinance are protected from landlord retaliation. Landlords are prohibited from retaliating by raising rent, reducing services, attempting to force the tenant out, or discriminating against the tenant.
Sec. § 19.71.06 – 19.71.08
What are the at-fault just causes for eviction from units covered by the City of Sunnyvale Residential Tenant Protections Programs Ordinance?
- 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
- Refusing to renew a substantially similar lease
- Improper subletting or assignment
- Refusal to permit landlord access to the unit
- Failure to vacate after termination as property or resident manager
Civil Code § 1946.2(b)(1)
What are the circumstances in which a landlord may terminate the tenancy for no-fault under the City of Sunnyvale Residential Tenant Protections Programs Ordinance?
- Demolition
- 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
Civil Code § 1946.2(b)(2)
What are the requirements of an owner or a relative move-in under the City of Sunnyvale Residential Tenant Protections Programs Ordinance?
For an owner or relative move-in, Sunnyvale adopts the requirements under the California Tenant Protection Act with a few modifications. Under the Tenant Protection 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 and identify the intended occupant and relationship to the owner. The City of Sunnyvale Residential Tenant Protections Program Ordinance also requires landlords to provide written notice explaining the tenant’s right to relocation assistance at least thirty days before serving the termination notice.
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. 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. § 19.71.03 – 19.71.04
Are landlords required to pay relocation assistance to tenants under the City of Sunnyvale Residential Tenant Protections Programs Ordinance?
For units covered by the City of Sunnyvale Residential Tenant Protections Program Ordinance, a landlord who seeks to recover possession of the unit based on a no-fault just cause must provide relocation assistance. The landlord must provide the tenant written notice of available relocation assistance no less than thirty days prior to serving a notice of termination, unless the eviction is a result of a government order requiring immediate vacatur of the unit.
The landlord must pay the tenant relocation assistance equal to two months’ rent. One-half of the relocation assistance must be provided to the tenant within fifteen days of serving the termination notice. The remaining balance must be provided either as a waiver of the last month’s rent if the tenant has not previously paid it, or as payment no later than the final date of tenancy. If the landlord elects to waive the last month’s rent, the notice of available relocation assistance must explicitly state the amount of rent waived and that the tenant is not required to pay rent for the final month of tenancy.
Sec. § 19.71.05
Can a tenant sue for wrongful eviction under the City of Sunnyvale Residential Tenant Protections Programs Ordinance?
A tenant who has been wrongfully evicted in violation of the City of Sunnyvale Residential Tenant Protections Programs 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. These remedies are available in addition to other remedies available to residential tenants under county, state, or federal law.
Sec. § 19.71.1
