Antioch Rent & Eviction Ordinances

The City of Antioch enforces a local Rent Stabilization Ordinance (RSO) and a Just Cause Eviction Ordinance to limit rent increases and protect tenants from arbitrary displacement. These protections are administered by the Antioch Rent Program.

Who is Covered by the Ordinances?

Antioch's local protections apply primarily to older, multi-unit buildings.

1. Rent Stabilization (Rent Caps)

  • Applies to: Residential units in properties built before February 1, 1995, that are not exempt under state law (Costa-Hawkins).

  • General Rule: If a unit was built before 1995 and is on the same property as another residence (like an apartment complex or a duplex), the RSO likely applies.

  • Key Exemptions:

    • Units that first received a certificate of occupancy after February 1, 1995.

    • Single-Family Homes and Condominiums that may be sold separately from any other unit.

    • Units where the landlord or the landlord's immediate family occupied the unit as their principal residence at the start of the tenancy and continues to do so.

    • Units within a dwelling unit where the landlord shares bathroom or kitchen facilities with the tenant.

2. Just Cause Eviction

  • Applies to: The local Just Cause Ordinance (passed Sept 2024) is designed to be more protective than state law, covering all tenants in covered units generally from the beginning of their tenancy.

RENT INCREASE LIMITS (THE STRICTER LOCAL CAP)

For RSO-covered units, Antioch's local rent cap is generally lower than the statewide limit (AB 1482).

The Maximum Allowable Rent Increase

  • Cap: A landlord may increase the rent no more than one time in any 12-month period.

  • Rate: The amount of the increase must be the lesser of:

    1. 3%, OR

    2. 60% of the Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward area.

Registration and Compliance

  • Registration: Landlords are required to register each rental unit with the City of Antioch and pay a Rent Program Fee. Failure to register renders a rent increase void and unenforceable.

  • Petition for Higher Increase: A landlord may petition the City of Antioch for an increase in excess of the RSO limit if they can prove it is necessary for a Fair Rate of Return on their investment.

  • Prohibited Increase: A landlord cannot impose a rent increase if the unit is not maintained in a habitable condition or if the landlord has failed to make repairs ordered by the City.

  • Waiver Void: You may never waive your rights under the Antioch Rent Control law; any such waiver is void.

JUST CAUSE EVICTION PROTECTIONS

The local Just Cause Eviction Ordinance mandates that a landlord have a legally specified reason to end a tenancy and includes strict requirements for No-Fault evictions.

The Two Types of Just Cause: 

  • At-Fault (Tenant Action): E.g., Failure to pay rent, breach of a material lease term (after 3 days to cure), nuisance, criminal activity, or refusal to allow lawful entry.

  • No-Fault (Landlord Intent): E.g., Owner/Family Member Move-In (OMI), Demolition or Substantial Remodel, or Withdrawal from the Rental Market (Ellis Act).

Requirements for No-Fault Evictions

  • Owner Move-In (OMI): The landlord or family member must occupy the unit as their principal residence within 90 days and continuously for at least two years (stricter than state law).

  • Right of First Refusal: The City's ordinance extends the tenant's right of first refusal to return to a unit for 24 months after a No-Fault eviction (if the unit is re-rented).

  • A tenant is protected from OMI eviction if the tenant has continuously and lawfully resided in the unit for at least five years, and a member of the household is elderly (as defined by state law), disabled, or a low-income tenant.

  • A tenant is protected from OMI eviction if the tenant is terminally ill (as certified by a physician).

Mandatory Relocation Assistance and Penalties

Antioch's local ordinance mandates that landlords pay relocation costs for No-Fault evictions, which is more generous than the one month of rent required under state law.

Permanent Relocation Payment

If a landlord proceeds with a No-Fault eviction (OMI, Demolition, etc.), they must pay relocation assistance, and they must also notify the city of the eviction.

  • Base Payment: The base amount is generally two times the tenant's monthly rent in effect when the notice was served.

    • Additional Payment: The household is entitled to an additional one month of rent if any of the following individuals reside in the residential premises: An individual who is less than 18 years of age or at least 60 years of age; A low-income individual; OR an individual with a disability.

Peregrine Legal Group, PC, represents tenants throughout Antioch. Contact us to schedule a consultation.


Antioch website: https://www.antiochca.gov/rent-program/

Disclaimer: This information is for general knowledge only and is not legal advice. For specific legal issues, you should consult with a qualified attorney or contact the Pasadena Rent Stabilization Department.