Q
I have been a landlord for many years and have never had a tenant demand relocation assistance. I inherited one home with a cottage in the back. The tenant in the cottage constantly complains about needed repairs, but we signed an agreement stating that the cottage was rented in “as-is” condition. The tenant receives a lower rent based on the fact that the cottage is not in tip-top shape. My understanding is that the tenant is responsible for repairs for a property rented “as-is.” At any rate, my tenant decided to call the city code enforcement officers for an inspection of the cottage and they ended up sending me a Notice of Violation. It turns out that my parents had never secured permits for the cottage and that it constituted an illegal dwelling. Code enforcement instructed me to demolish the cottage and also instructed my tenant to vacate in 30 days. On top of all this, my tenant is now asking me for money to help him find a new place to live. Do I have any responsibility to a tenant in this situation?
A
These types of cases are complicated by the fact that both California and local law may apply in terms of whether a tenant qualifies for relocation assistance and how much assistance may be required. While the majority of landlord tenant relationships are governed by the California Civil Code, relocation assistance is not; instead, California Health and Safety Code section 17975 states that tenants displaced by order of an agency, due to serious building code violations, are entitled to relocation compensation from the landlord.
Generally speaking, this relocation compensation is to be paid within 10 days of the date the Notice of Violation was posted or mailed and is to be in an amount “equal to two months of the established fair market rent” for the area as set forth by HUD. Landlords are generally not responsible when the serious code violations have been caused by the tenant or guests, but this does not appear to be the case given your recitation of the facts.
Landlords should also note that some cities have passed local relocation assistance ordinances that demand greater compensation than two month’s rent and that penalties at both the state and local levels may apply if the landlord refuses to pay the relocation assistance within the required time. You should research any local relocation ordinances and consider contacting a local attorney, a local fair housing or mediation program, or Project Sentinel.
Project Sentinel provides landlord-tenant dispute resolution and fair-housing services in Northern California, including rental housing mediation programs in Mountain View, Los Altos and Palo Alto. Call 650-856-4062 for dispute resolution or 650-321-6291 for fair housing, email info@housing.org or visit housing.org.
