Thinking about an owner move-in or major renovation in Emeryville? Before you serve notice, you need to understand when relocation assistance applies and how to handle it correctly. This process is precise, and a small mistake can void your notice or delay your plans. In this guide, you’ll learn when assistance is required, how to calculate the amount, what forms to use, and when to pay. Let’s dive in.
When assistance is required
Relocation assistance is required for no-fault terminations. Common examples include owner or relative move-in, withdrawing the unit from the rental market under the Ellis Act, and temporary relocation for substantial repairs or renovation. Natural disasters and similar events outside your control are generally excluded. You can review the rules in Emeryville’s Residential Landlord and Tenant Relations ordinance in Chapter 5-40.
Timing matters. The ordinance allows you to pay with the notice or after, but the payment must reach the tenant by the last day of the tenancy for which you received rent. The City also requires specific notice content and filing steps, described below.
How much to pay
Emeryville uses different formulas for large and small landlords. Your category depends on the number of covered units you own in Emeryville. You can confirm coverage rules and landlord-size definitions on the City’s Tenant Protection Resources page.
Large landlords
For more than four covered units, pay the greater of:
- Five times the current HUD Fair Market Rent (FMR) for the Oakland–Fremont area, or
- Four times the tenant’s monthly rent when you deliver the notice.
As an example only, if the HUD one-bedroom FMR were $1,808, the FMR-based payment would be 5 × $1,808 = $9,040. You must compare that to 4 × the tenant’s current monthly rent and pay the larger amount. See Emeryville’s payment formulas in Section 5-40.04.
Small landlords
For four or fewer covered units, pay the greater of:
- One month of the current HUD FMR for the Oakland–Fremont area, or
- One month of the tenant’s monthly rent when you deliver the notice.
Small landlords may choose to waive the final month’s rent instead of making a cash payment. If you choose this option, you must state the waiver at the same time you serve the termination notice. See Section 5-40.04 for details.
Split among occupants
Relocation assistance must be divided equally among all tenants living in the unit when you serve the notice. See the ordinance in Chapter 5-40.
Find the current HUD FMR
HUD updates FMRs annually, usually effective October 1. Use the HUD Oakland–Fremont FMR values that apply on the date you serve notice. Check the latest numbers on HUD’s FMR portal, and review the City’s guidance on Tenant Protection Resources.
Covered units and exemptions
The ordinance applies to every residential housing unit in Emeryville unless an exemption applies. Examples can include some hotel or motel stays below a time threshold, certain nonprofit-owned housing, some owner-occupied homes renting two or fewer bedrooms, and units already governed by state or federal programs. Review the City’s coverage and exemption list on Tenant Protection Resources.
Some shared-living or SRO setups that involve shared kitchens or bathrooms and weekly terms may be excluded from relocation payments, but you need to confirm the facts for your unit. For context on owner move-in issues, you can also review this local overview of Emeryville owner move-in situations.
Required steps and documents
Follow this checklist to stay compliant:
Verify coverage and landlord size
- Confirm the unit is covered and determine if you are a small or large landlord. See the City’s Tenant Resources.
Prepare the termination notice
- Use the City’s required content, which must state the reason for termination, include the required notice of tenant rights, and list rents charged during the tenancy in the form required by Section 5-40.08.
File with the City Clerk within 10 days
- Deliver a copy of the termination notice and a copy of the rental agreement to the City Clerk within ten calendar days of serving the tenant. See filing instructions in Section 5-40.08.
Provide the notice of tenant rights
- Give the required tenant-rights notice at lease signing or renewal, and again with any termination notice. See Chapter 5-40.
Calculate and deliver payment on time
- Apply the correct formula, divide the payment equally among occupants, and pay by the last day of the tenancy for which rent was received. Small landlords who waive the final month’s rent must state the waiver in the termination notice. See Section 5-40.04.
Keep proof of everything
- Retain copies of notices, proof of delivery to the City Clerk, your payment calculation, and proof of payment. See Chapter 5-40.
If you need help understanding the process, Emeryville lists housing staff contacts and counseling resources on Tenant Resources.
State law vs local rules
California’s AB 1482 requires relocation assistance for no-fault evictions in covered units, but Emeryville’s local just-cause ordinance predates AB 1482 and governs just-cause rules in the city. Local rules that are more protective control. Other AB 1482 provisions, like rent caps for certain units, may still apply where relevant. Learn more from Emeryville’s tenant pages and this AB 1482 summary.
Enforcement and risks
Tenants or the City can bring civil actions for violations of Chapter 5-40, including requests to invalidate a notice and for injunctive relief. If a court invalidates your notice, you can be liable for the tenant’s costs and reasonable attorney fees. Failing to provide required relocation assistance or required notices can void a termination. Review enforcement provisions in Chapter 5-40.
Emeryville also regulates owner move-ins and prohibits harassment and bad-faith actions intended to induce vacancy. The ordinance includes a right to return for certain temporary relocations if the unit returns to the market within a set period. See the protections in Chapter 5-40.
Quick examples
- Large landlord example: If HUD’s one-bedroom FMR were $1,808, the FMR-based amount would be $9,040. Compare this to 4 times the tenant’s current monthly rent and pay the larger amount.
- Small landlord example: Compare one month of FMR to one month of the tenant’s rent and pay the larger amount, or waive the final month’s rent if you disclose the waiver in the notice at the time of service.
Always verify the current HUD FMR before calculating. Check HUD’s FMR portal and the City’s Tenant Protection Resources.
Common mistakes to avoid
- Using a notice that omits the reason, rent history, or the required tenant-rights notice
- Forgetting to file the notice and rental agreement with the City Clerk within 10 days
- Misclassifying landlord size when counting covered units
- Calculating payment with outdated HUD FMR numbers
- Delivering payment after the tenant’s last paid day of tenancy
- Failing to divide the payment equally among all occupants
- Not keeping proof of service and proof of payment
Final thoughts and next steps
If you plan an owner move-in, renovation, or Ellis withdrawal in Emeryville, start with the ordinance, confirm your landlord-size category, and verify the current HUD FMR. Serve the correct notice, file with the City Clerk, and deliver payment on time. If you want local, practical guidance on leasing, tenant relations, and asset strategy in Emeryville and the East Bay, reach out to David R Valva for a conversation.
FAQs
When does Emeryville require relocation assistance for no-fault terminations?
- It is required for owner or relative move-in, Ellis Act withdrawal, and temporary relocation for substantial repairs or renovation, with exceptions for natural disasters; see Chapter 5-40.
How do large and small Emeryville landlords calculate payments?
- Large landlords pay the greater of 5 times HUD FMR or 4 times current monthly rent; small landlords pay the greater of 1 month of HUD FMR or 1 month of current monthly rent, with an option to waive the final month’s rent if disclosed; see Section 5-40.04.
Where do I find the correct HUD FMR for Emeryville?
- Use the Oakland–Fremont FMR on HUD’s FMR portal, and confirm the effective fiscal year when you serve notice.
What notice does Emeryville require me to serve and file?
- Use the City-prescribed content including the reason, a notice of tenant rights, and rent history, then file the notice and the rental agreement with the City Clerk within 10 days; see Section 5-40.08.
When must relocation assistance be paid in Emeryville?
- You may pay with the notice or after, but it must be delivered by the last day of the tenancy for which rent was received; see Chapter 5-40.
How does AB 1482 interact with Emeryville’s ordinance?
- Emeryville’s earlier, more protective just-cause rules control locally, while other AB 1482 provisions can still apply; see the City’s resources and this AB 1482 summary.
