How to File a Petition for Determination of a Tenant Not-In-Occupancy

Continue the Process:

A property owner who believes that a rental unit is not being used as the tenant’s principal place of residence may file this petition to seek a determination that the tenant is "not in occupancy." If approved, a one-time increase in the rent will be authorized by the Rent Control Board.


 

 

  1. Give advance notice to tenants at all addresses

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    Serve the tenants, occupants, and tenants' agents at all known addresses with a written notice that you intend to file a Petition for Determination of Tenant(s) Not in Occupancy and the bases for that petition. This must be done between 10 and 30 days prior to filing the petition. Complete instructions, a notice form, proof of service form, and petition may all be downloaded here.

  2. Complete a Proof of Service Form

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    Complete the Proof of Service form included with the petition.

  3. File the petition with the Rent Control Board

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    Mail the completed, signed Petition, with a copy of the Notice(s) to the tenants, the Proof of Service form(s), and all documentary evidence to Rent Control. File the petition between the 10th and 30th day following the date of notice. We must receive your petition within this time frame. If you miss these deadlines, you may have to start the process over again.

    If you have questions, please call the Rent Control Board at (310) 458-8751 and speak with an Information Coordinator or Analyst. 

A property owner who believes that a rental unit is not being used as the tenant’s principal place of residence may file this petition to seek a determination that the tenant is "not in occupancy." If approved, a one-time increase in the rent will be authorized by the Rent Control Board.