May a landlord evict a tenant from a property in an area protected by a rent control ordinance when the property was converted from a single family residence exempted from the ordinance?

Chun v. Del Cid

Facts: A property once used as a single family residence is now occupied by multiple tenants as a rooming house. A local rent control ordinance protects tenants of multi-family rental properties from eviction by use of a 60-day notice to vacate. The landlord of the property serves a tenant with a 60-day notice. The tenant continues to occupy the property and the landlord files an unlawful detainer (UD) action.

Claim: The tenant seeks to remain in possession of the property, claiming the landlord may not evict them since the landlord’s demand for possession violates the local rent control ordinance as it applies to multi-family housing, including rooming houses.

Counterclaim: The landlord seeks to evict the tenant, claiming the local ordinance does not protect the tenant from eviction since single family residences are exempt from the ordinance.

Holding: A California appeals court holds the landlord may not evict the tenant since the property, regardless of original use, is now occupied as a multi-tenant rental property and thus not exempt from the local ordinance. [Chun v. Del Cid (April 26, 2019)­_CA6th_]

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