You can evict your tenant if the repairs are such that it would require your tenant to vacate their unit for more than 30 days. However, you must meet certain requirements. The repairs must be necessary to address certain health and safety violations and you must acquire permits before you serve your tenant with a notice of eviction.
If your tenant is evicted for substantial repairs, they are entitled to relocation payments in the amount of two months’ rent. If your tenant or a member of their household is a senior (65 years or older), disabled, terminally-ill or has minor children in the household, they are entitled to an additional 1 months’ rent, for a total of 3 months’ rent.
You cannot pursue an eviction for substantial repairs if you own another vacant unit within the town of Fairfax that your tenant can temporarily reside in until the repairs are complete. You also cannot pursue an eviction against your tenant if the repairs can be completed within 60 days and your tenant does not agree to vacate in writing.
Finally, if your tenant is evicted for substantial repairs, they have the right to return if the unit is returned to the market within 3 years. If they choose to return to the unit, you must offer the same terms and rent at the time of your eviction, plus any lawful adjustments under Fairfax’s Rent Stabilization ordinance. It is your tenant’s responsibility to ensure you have their current contact information.