What Steps Are Required to Terminate a Tenancy?

  1. Provide Tenants with a Notice of Termination: ENGLISH  |  ESPAÑOL
    • Landlord must provide this notice to the tenant(s) in the language used to negotiate the lease.
    • The Notice of Termination must be provided to the tenant(s) in advance of the proposed move out date. The timing of the notice depends on several factors and must be at least:
      • 3 days prior to move-out date: for any tenant who fails to pay rent or fails to resolve issue(s) that breach the lease
      • 30 days prior to move out date: for tenant living in unit for less than one year
      • 60 days prior to move out date: for tenant living in unit for at least one year
      • 120 days if the termination constitutes a “withdrawal from the rental market”
      • 365 days if the termination constitutes a “withdrawal from the rental market” and at the request of the tenant (within 60 days of notice date) who has resided in the unit for at least a year and is over the age of 62 or is disabled.
      • Timing dependent: if the termination constitutes a “withdrawal from the rental market” or “owner to occupy dwelling unit” and the household includes a child under the age of 18 or an educator, the move out date cited on the Notice of Termination may not be during their school year.
  2. Additional Noticing: The “No-fault” reasons for terminating a tenancy permitted under the TPA include the following and require additional noticing as noted below:
    • Permanent withdrawal from rental market. Require Notice 6G: English | Español
      • Additional memorandum is also needed. The City is working with the County Recorder’s Office to create this memorandum and will be linked here once available.
    • Owner to occupy dwelling unit. Require Notice 6H: EnglishEspañol
    • Substantial rehabilitation for health and safety. Require Notice 6I: – English | Español
  3. Stop Accepting Rent
    • If you have provided your tenant with the Notice of Termination, you may not collect rent beyond the intended move-out date.

Pay Relocation

If Landlord terminates a tenancy without cause (to permanently remove a unit from the market, owner to occupy a unit, or for substantial rehabilitation) the tenant is entitled to relocation assistance. The assistance can be a direct payment or credit towards payments due.

Amount of relocation assistance: 

  • 100% of one month of rent; or
  • 150% of one month rent if the tenant household:
  • Qualifies as low income; or
  • Includes a member with a disability; or
  • Includes a member over the age of 62; or
  • Includes a child below the age of 18; or
  • The tenancy commenced prior to January 1, 2010

Offer Unit to Original Tenant

Owner must re-offer the dwelling unit to the displaced tenant at the same rent and subject to the same terms as when the tenancy was terminated if:

  • The owner or owner’s relative fails to occupy the dwelling unit within 90 days of the tenant household vacating the dwelling unit; or
  • The owner or owner’s relative fails to occupy the residential unit for at least three consecutive years following the move out date.
  • The unit was returned to the market within 5 years of the withdrawal date. In this case the tenant has a right of first refusal to return to the unit at a rent that does not exceed the lawful rent at the time the unit was withdrawn, subject to adjustments for cost of living.

Record Memorandum

If you remove the unit from the rental market, you are required to record a summary memorandum encumbering the unit for 10 years and provide a copy of the recorded memorandum to the City.

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