For the purpose of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows:
means the rent for residential property required to be paid by the tenant to the landlord in the month immediately preceding the effective date of the rent increase. Base rent shall not include ancillary services, including, but not limited to, pet deposits, storage, additional parking or utility pass-throughs.
means the City of San Leandro.
means the Director of the Community Development Department of the City of San Leandro, or designated representative.
means the City Council of the City of San Leandro.
means any person, partnership, corporation, or other business entity offering for rent or lease any residential property in the City. "Landlord" shall include the agent or representative of the landlord, provided that such agent or representative shall have full authority to answer for the landlord and enter into binding agreements on the landlord's behalf.
means a landlord taking action to terminate the tenancy of a tenant occupying residential property. A landlord-caused termination also includes the circumstance where a landlord provides the tenant with a proposed rent increase that raises the rent, or proposed multiple rent increases that cumulatively raise the rent, to an amount more than 12% greater than the base rent that was in place at any time during a 12 month period, and the tenant elects to not remain in the residential property. This excludes circumstances where the proposed rent increase is rescinded by the landlord and excludes residential properties where landlords may establish the initial and all subsequent rental rates for a residential property pursuant to California Civil Code Section 1954.52. A landlord-caused termination shall not include the following circumstances:
Failure to Pay Rent. Tenant failed to pay rent within three days of receiving written notice from the landlord demanding payment in accordance with California Code of Civil Procedure Section 1161.
Breach of Rental Contract. Tenant violated a material term of the rental agreement with the landlord for occupancy of residential property.
Tenant Illegal Activities. Tenant has used the residential property for an illegal purpose, including, but not limited to, the unlawful distribution of a controlled substance as contemplated by California Civil Code Section 3486, or the unlawful use, manufacture, or possession of weapons and ammunition as contemplated by California Civil Code Section 3485.
Failure to Allow Landlord Access. Tenant failed to allow landlord access to the residential property, after receiving due notice as required by California Civil Code Section 1954.
Residential Property Uninhabitable Without Landlord Fault. The residential property becomes uninhabitable as a result of the tenant's negligence or willful conduct or as a result of an earthquake, fire, flood or other acts of God.
Termination of Employment. The lawful termination of the tenant's employment by the landlord, where such employment was an express condition of, or consideration for, the tenancy pursuant to the rental agreement.
Temporary Repairs or Renovations. The tenant is temporarily displaced from the residential property due to repairs, remodeling or renovations, where the landlord provides the tenant with alternative housing for the duration of the repairs, remodeling or renovations.
Prior Notice of Renovations. Landlord notified tenant prior to entering into the rental agreement of the landlord's intent to renovate the residential property within one year of tenant occupying the residential property and the landlord files plans with the City to renovate the residential property at the time the landlord notifies the tenant of termination of tenancy.
Landlord Occupancy. Landlord occupancy, which shall include and be limited to the landlord, his or her spouse, landlord's parent or parents or landlord's spouse's parent or parents, landlord's child or children or landlord's spouse's child or children, and landlord's or landlord's spouses grandchildren.
means the amount of fixed periodic compensation paid by a tenant to a landlord, as defined by the rental agreement between the tenant and landlord, for the possession and use of residential property. Rent shall not include ancillary services, including, but not limited to, pet deposits, storage, additional parking or utility pass-throughs.
means any upward adjustment of the rent from the base rent amount.
means the legal written agreement, including all changes and addenda governing occupancy of the residential property, between landlord and tenant.
means any housing unit offered for rent or lease in the City, provided that such housing unit is in a parcel that contains two or more tenant-occupied housing units and mobile homes. Mobile homes are subject to this Chapter only if a tenant rents the mobile housing unit itself. Residential property shall exclude any housing unit that is subject to a recorded affordable housing regulatory agreement that requires that the housing unit be rented at restricted rents to income qualified tenants as defined by the regulatory agreement.
means a tenant or anyone else authorized by the landlord to occupy residential property with any of the following characteristics at the time of notice of a landlord-caused termination:
means any person having the legal responsibility for the payment of rent for residential property in the City as identified under a valid lease or rental agreement with a landlord.