Concord | Rent stabilization and tenant protections

Concord, California Rent Stabilization and Tenant Protections: The 5 Percent Cap, Just Cause, Relocation Payments, the Rent Registry and What Applies When a Project Replaces Rented Homes

Concord regulates rents and evictions through its own ordinance, Chapter 19.40 of the Municipal Code, the Residential Tenant Protection Program. For someone adding homes, the chapter matters in two ways. It sets what a landlord must do and pay before an occupied building is demolished or rebuilt, and it decides which rules a new rental home falls under on the day it is finished. Where the Concord chapter covers a unit, it applies in place of the state Tenant Protection Act. This page covers who is covered, the rent cap, the reasons a tenancy may be ended, relocation payments, the registry, and the state laws that protect rented homes on a development site. The Concord overview has the summary.

Which Homes Are Covered

Sources: City of Concord, Covered Units Chart, revised 5/20/25; Concord Municipal Code, Section 19.40.020.

• The 1995 line. Section 19.40.020 exempts from rent stabilization "any dwelling unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995." The date comes from state law. Civil Code 1954.52 lets an owner set rents for a unit that "has a certificate of occupancy issued after February 1, 1995."
• Houses and condominiums. A landlord with "Three or more rented single-family homes/condominiums" is exempt from rent stabilization and subject to just cause. A landlord with two or fewer is exempt from everything but registration.
• Owner-occupied duplex. Fully exempt: "A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit."
• Shared homes. Fully exempt: "Dwelling units in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the property."
• ADUs. The list of fully exempt units includes "Accessory dwelling units." The chapter defines the term to cover a junior ADU and to require a valid permit.
• Unpermitted homes. A dwelling unit is covered when it "is actually used for residential purposes, whether or not the residential use is legally permitted."
• No waiver. "Any waiver of rights under this chapter shall be void as contrary to public policy."

How the Concord Chapter Relates to State Law

California has a statewide rent cap and a statewide just cause rule, covered on the California rent and tenant rules page. Civil Code 1946.2 steps aside for "Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply."

The Concord City Council made that finding in Section 19.40.010. The chapter says it is more protective because it "applies upon legal possession of a covered dwelling unit, provides for earlier and higher relocation assistance amounts," and "applies just cause for termination of a tenancy to dwelling units regardless of when a certificate of occupancy is issued." It adds that covered units "will not be subject to Civil Code Sections 1946.2 and 1947.12." The state rent cap in Civil Code 1947.12 is "5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower." It still matters in Concord for units outside the City's rent stabilization, and as a ceiling on any fair return increase.

The Rent Cap

• The rule. Section 19.40.040, as amended by Ordinance 25-3: for each 12-month period from April 1, 2025, "annual allowable rent increases on covered rental units shall be no more than five percent of the lawful rent for the preceding 12-month period."
• Before that. "For the period from April 1, 2023, to March 31, 2025," increases were held to "no more than 60 percent of the percentage increase in CPI," and "in no event shall the allowable annual rent increase exceed three percent." CPI is the Consumer Price Index for the San Francisco-Oakland-Hayward area.
• Base rent. "For tenancies commenced on or before April 4, 2023, the rent in effect on April 4, 2023, plus the initial allowable annual rent increase," which the chapter sets at 2.52 percent. For later tenancies it is the rent charged at move-in.
• One increase a year. "Only one allowable annual rent increase and one fair return rent increase (if and to the extent approved by the hearing officer) may be imposed on a covered dwelling unit in any 12-month period."
• Use it or lose it. A landlord must take the yearly increase "within the 12-month period between August 1st of the current year and July 31st of the following year." One who does not "automatically waives that allowable annual rent increase."
• New tenant, new rent. "When a tenant has voluntarily vacated, abandoned, or been legally evicted from a covered rental unit, the landlord may set the initial rent for the next tenant, without restriction."
• What counts as rent. Rent includes "all payment and consideration demanded or paid for parking, utility charges, pets, furniture," and a cut in housing services with no cut in rent "is considered an increase in rent."
• Registration first. "a landlord shall be prohibited from imposing any rent increase, unless the covered rental unit is registered with the city" and no registry fees are overdue.
• Fair return. A landlord may petition for a larger increase. The standard is "a net operating income equal to the base year net operating income adjusted by the percentage increase in the CPI since the base year," with 2022 as the base year. The hearing officer's decision "shall not be appealable to the City Council."

Just Cause: The Reasons a Tenancy May End

Just cause means a landlord may end a tenancy only for a reason on a list. Section 19.40.070 has two lists. For-cause reasons are the tenant's doing, such as "Default in the payment of rent," breach of the lease, nuisance, criminal activity or refusing entry. No-fault reasons are the landlord's, and they carry relocation payments. A project that replaces rented homes relies on the no-fault list:

• Owner move-in. The owner or a family member must move in "within 90 days after the tenant vacates" and stay "for at least 24 consecutive months." The owner must be a natural person with "at least 25 percent recorded ownership interest in the property," or meet one of two other tests. A tenant of three years or more who is a senior, disabled or terminally ill is protected from this reason unless the person moving in is also one of those.
• Ellis Act. The Ellis Act is the state law that lets an owner leave the rental business. In Concord it means "Withdrawal of all accommodations at the property from the rental market."
• Government order. An order "relating to habitability that necessitates vacating the covered rental unit."
• Demolition or substantial remodel. "Intent to demolish or to substantially remodel the covered rental unit."

Every notice must state the reason, and "Within seven calendar days of serving a notice of termination on a tenant, a landlord shall submit a copy of such notice of termination through the city's designated rent registry portal."

Demolition and Substantial Remodel

• What a substantial remodel is. Work that "requires the tenant to vacate the covered rental unit for at least 30 consecutive days" and is either "the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency" or "the abatement of hazardous materials, including lead-based paint, mold, or asbestos."
• Cosmetic work. "Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the covered rental unit vacated, do not qualify as substantial remodel."
• The notice. It "shall be in no less than 12-point type, shall be in English and Spanish," and must describe the work and its expected length, "or if the property is to be demolished, the expected date by which the property will be demolished."
• Permits first. The notice must attach "A copy of the permit or permits (or a written commitment from the applicable governmental agency that such permits are ready to be issued subject only to conditions requiring the property or covered rental unit to be vacant)." A builder therefore needs the demolition or building permit lined up before giving notice.
• If the work does not happen. The notice must tell the tenant that if the remodel or demolition "is not commenced or completed, the Landlord must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms" and at the same rent.
• Return after a remodel. "Tenant shall have the right to return to the covered rental unit upon completion of the substantial remodel," at "the rent previously charged for the covered rental unit, subject to any lawful rent increases."
• Days in between. "a tenant is not required to vacate the covered rental unit on any days where a tenant could continue living in the covered rental unit without violating health, safety, and habitability codes and laws."
• School year. "It shall be a defense to a no-fault eviction if a school-aged child resides in the covered rental unit, if the effective date of the notice of termination of tenancy falls during the school year." The tenant has 30 days after the notice to send the landlord a statement with evidence. A school-aged child is a full-time student from transitional kindergarten to 12th grade.

Relocation Payments

Source: Concord Municipal Code, Section 19.40.080. HUD fair market rents for Contra Costa County are published each year by the U.S. Department of Housing and Urban Development and were not read for this page.

• Regardless of income. The landlord "shall, regardless of the tenant's income, assist the tenant to relocate by providing a direct payment to the tenant."
• Per unit. The payment "shall be calculated on a per-covered dwelling unit basis, without reference to the number of tenants in the covered dwelling unit."
• When. "the landlord shall provide one-half of the relocation assistance owed to the tenant within 15 calendar days of service of the notice of termination. The remaining relocation assistance shall be paid to the tenant in cash no later than the date the tenant vacates."
• Moving stipend. "The landlord shall pay to the tenant the amount of $3,000," in cash, by the move-out date.
• Deposit. On a permanent move "A landlord must refund to the tenant any security deposit paid by the tenant," less itemized deductions state law allows.
• Temporary moves. During a remodel the per diem is "based on the Federal General Services Administration per diem rate for lodging and meals" for Concord. Meals are paid per tenant and lodging per unit "assuming a household size of four." The tenant "shall continue to pay the lawful rent."
• Moving within the property. A tenant who accepts "an available comparable or superior vacant dwelling unit owned by the landlord at the same rent" gets the moving stipend and no relocation assistance.
• Compared with the state. Under Civil Code 1946.2 the payment for a no-fault termination is "equal to one month of the tenant's rent."

Withdrawing a Building From the Rental Market

• Notice. "Not less than 120 days from the date the landlord intends to withdraw the accommodations," the landlord gives written notice to all affected tenants.
• One year for some tenants. "A senior tenant or a disabled tenant who has resided in the covered rental unit for at least one year" may, within 60 days, give written notice of that status, "in which event the notice of termination shall be extended to one year."
• Recorded notice. The landlord completes a City form, signed by the fee owners and notarized. "The city shall record the notice with the county recorder. Such notice encumbers the property for 10 years from the date the accommodations are withdrawn from rent or lease."
• If units are rented again within two years. The landlord "shall be liable to the tenant who was displaced from the covered rental unit for actual and exemplary damages."
• Within five years. A displaced tenant "is entitled to receive notice of the first right to return to the same covered rental unit at the rent previously charged."
• Within ten years. The landlord "must provide 120 days' written notice to the previous tenants of the landlord's intent to return the covered rental unit to the residential rental market."
• Effect on SB 9. The City's SB 9 handout lists as not eligible a parcel where the "Owner has exercised rights under the Ellis Act" to withdraw housing "from rent or lease within the last 15 years."

State Rules on Replacing Rented Homes

• Replacement of protected units. HCD's list of affected cities under the Housing Crisis Act includes Concord. Government Code 66300.6 prohibits approval of a housing project that demolishes protected units unless "The project will replace all existing protected units and protected units demolished on or after January 1, 2020." Lower income occupants must also receive relocation benefits and "A right of first refusal for a comparable unit available in the new housing development." The statute's definition of protected units was read only in part for this page, so ask the Planning Division whether your existing homes count.
• SB 9. Government Code 65852.21 excludes a project that would require demolition or alteration of "Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power," or "Housing that has been occupied by a tenant in the last three years."
• Small-lot maps. Under Government Code 66499.41, a single-family lot is not vacant, and so cannot use the single-family part of that law, if it holds "Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated."
• Demolition forms. The City's Planning Permits page lists an SB 9 Demolition Affidavit and an SB 330 Demolition Form and Affidavit. Neither form was read.

Rules for the Homes You Build

• New apartments. A unit finished today has a certificate of occupancy after February 1, 1995, so the rent cap does not apply. Just cause, relocation payments and registration do apply.
• New ADUs. A permitted ADU or junior ADU is fully exempt. If the lot's main home is a rented house and the landlord rents two or fewer houses or condominiums in Concord, that house needs registration only.
• Leases. Section 19.40.090: "the landlord must offer to the prospective tenant a written lease which has a minimum term of one year." If the tenant declines in writing, the landlord must offer six months, and after a second refusal a shorter term is allowed.
• Notice of rights. Each lease must carry a notice "in no less than 12-point type" and "in English and Spanish" that describes the rent limit, just cause, the right to return and the lease options.
• Affordable homes. Homes restricted under the City's inclusionary rules follow their recorded agreement. The City chart notes that an affordable unit is outside rent stabilization "if County restriction of 5% included in regulatory agreement."
• Inspections. The City's Multi-Family Rental Housing Inspection Program "applies to all residential rental buildings, including rooming houses, having (4) units or more on one parcel," and "operates on a 2-year cycle."

Registry, Petitions and Fees

Source: City of Concord, Fees and Charges for Various Municipal Services, Resolution No. 26-6042.1, Section A, item 20, and Table 3b; Concord Municipal Code, Section 19.40.050(d).

• Who registers. Section 19.40.060: "A landlord shall register any covered rental unit (including any rented single-family homes or condominiums) through the city's designated rent registry portal."
• When. The Rent Program page gives the 2026 periods: "Single-family home and condominium registration was February 1, 2026 through March 31, 2026" and "Multifamily complex and mobile home registration was May 1, 2026 through June 30, 2026."
• Tenant petitions. A tenant may petition if a landlord "demands or retains unlawful rent." "There shall not be any fee charged for tenants filing a petition for a downward adjustment of rent."
• Landlord petitions. A landlord filing a fair return petition "shall be responsible for all city costs associated with such petition." The schedule lists a $5,000 deposit, with a minimum of $1,000 kept in the account until the decision.
• Penalties. Section 19.40.120 lets a tenant sue for "a civil penalty of no less than $2,000, and no more than $5,000, per violation," and a violation "shall be a defense to an unlawful detainer action," which is the court case a landlord files to evict.
• Harassment. Chapter 19.50, added by Ordinance 22-9 in 2022, lists acts that count as harassment when done in bad faith. One is to "Conduct elective renovation or construction of the interior of residential real property without the tenant's express written advance permission."

Condominium Conversions

Turning rented apartments into condominiums for sale is covered in the Subdivision Ordinance. Section 17.35.220 requires notice to each tenant "At least 60 days before submitting an application" and "180 days written notice of intent to convert prior to termination of tenancy." Rents stay as they are "for up to 12 months or until the conversion process has been completed or terminated." Tenants get a 90-day right of first refusal and "discounts in an amount equal to at least seven percent of the price," and "a minimum moving allowance of two times the monthly rent." A tenant who is handicapped, has minor children in school or is 60 or older gets "at least six months in which to find suitable replacement housing." Section 17.35.250 limits conversions approved in a year to "five percent of the total rental units in development of four or more units."

Where the Code and City Documents Differ

• Start of the 5 percent cap. The code says the 5 percent cap begins "April 1, 2025." The City's Rent Program page says "the current Allowable Annual Rent Increase is 5% as of August 1, 2025," and lists the 2025 ordinance version as "effective 5/22/2025-present." The Ordinance List gives Ordinance 25-3 an adoption date of 4/22/25 and an effective date of 5/22/25.
• Registry fees. The Rent Program page and the 2025-2026 flyer print $78, $50 and $33 per unit, which the page labels "for Fiscal Year 2025-2026." The schedule effective July 1, 2026 prints $89, $57 and $38.
• The state section number. Section 19.40.010 cites "Civil Code Section 1946.2(g)(1)(B)" for the rule on local ordinances. In the statute as amended effective January 1, 2026, that rule is in subdivision (i).
• Inspection program size. The City's inspection page says the program covers buildings with four units or more. Chapter 15.50 was read only for its section list, fees and self-certification rules, so this page relies on the City page for that threshold.

Limits of This Page

The code text is the publisher's copy, current through Ordinance 26-2 of September 8, 2026, and its Ordinance List shows no change to Chapter 19.40 after Ordinance 25-3. The City's agenda system did not answer on October 10, 2026, so this page cannot say whether the City Council has an amendment scheduled. The City Manager's Regulations and Procedures for the program, the petition forms, the Ellis Act forms packet, the HUD fair market rent tables, the federal per diem rates and the mobile home rent rules in Chapter 15.105 were not read. This page is a summary of an ordinance. It is general information, and a landlord or tenant with a notice in hand should call the City Rent Program at (925) 671-5070.

Where to Go Next

Related on VanPlex: the Concord overview, the California rent and tenant rules page and the lot size and subdivisions page.

Frequently Asked Questions

Official sources (checked October 2026)