A. The owner of a rental unit shall not terminate the tenancy of a qualified
tenant unless the owner is able to prove just cause, which must be
stated in full in the notice of termination.
B. Just cause includes at-fault just cause or no-fault just cause as defined in Section
26.50.070.
C. Just cause also includes at-fault just cause as defined in Civil
Code Section 1946.2(b)(1) and no-fault just cause as defined in Civil
Code Section 1946.2(b)(2) as adopted by Section 2 of Chapter 290 of
2023 California Statutes.
D. If there is a conflict in a definition of just cause under subsection
B and subsection
C the definition under subsection
C will be applied unless the definition under subsection
B is more protective of tenant rights.
E. Termination of tenancy includes any attempt by an owner to recover
possession of a rental unit, including any attempt to recover possession
of the rental property for expiration of a lease, choosing not or
failing to offer a renewal of a lease, or recovery of possession through
a court proceeding. This subsection is declarative of existing law.
(Ord. 5979, 2020; Ord. 6139, 1/23/2024)
This chapter applies to all rental units except:
A. Transient
and tourist hotel occupancy as defined in
Civil Code Section 1940(b).
B. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the
Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title
22 of the Manual of Policies and Procedures published by the State Department of Social Services.
C. Dormitories
owned and operated by an institution of higher education or a kindergarten
and grades 1 to 12, inclusive, school.
D. Housing
accommodations in which the tenant shares bathroom or kitchen facilities
with the owner who maintains their principal residence at the rental
unit.
E. Single-family
owner-occupied residences, including a residence in which the owner-occupant
rents or leases no more than two units or bedrooms, including, but
not limited to, an accessory dwelling unit or a junior accessory dwelling
unit.
F. 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.
G. Housing
that has been issued a certificate of occupancy within the previous
15 years.
H. A rental
unit that is alienable separate from the title to any other dwelling
unit, provided that both of the following apply:
1. The
owner is not any of the following:
a. A real estate investment trust, as defined in Section 856 of the
Internal Revenue Code.
c. A limited liability company in which at least one member is a corporation.
2.
a. The tenants have been provided written notice that the residential
property is exempt from this section using the following statement:
"This property is not subject to the rent limits imposed by
Section 1947.12 of the
Civil Code and is not subject to the just cause
requirements of Section 1946.2 of the
Civil Code. This property meets
the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the
Civil Code and the owner is not any of the following: (1) a real estate
investment trust, as defined by Section 856 of the Internal Revenue
Code; (2) a corporation; or (3) a limited liability company in which
at least one member is a corporation."
b. For a tenancy existing before the effective date of this chapter, the notice required under subsection
(H)(2)(a) of this section may, but is not required to, be provided in the rental agreement.
c. For any tenancy commenced or renewed on or after the effective date
of this chapter, the notice required under subparagraph a. must be
provided in the rental agreement.
d. Addition of a provision containing the notice required under subsection
(H)(2)(a) to any new or renewed rental agreement or fixed-term lease constitutes similar other terms for the purposes of Section 26.50.070(B)(1)(e).
I. Housing restricted by deed, regulatory restriction contained in an
agreement with a government agency, or other recorded document as
affordable housing for persons and families of very low, low, or moderate
income, as defined in Section 50093 of the
Health and Safety Code,
or subject to an agreement that provides housing subsidies for affordable
housing for persons and families of very low, low, or moderate income,
as defined in Section 50093 of the
Health and Safety Code or comparable
federal statutes. This exception does not apply to tenancies assisted
by Section 8 Housing Choice Vouchers where the housing is not otherwise
restricted by deed, regulatory restriction contained in an agreement
with a government agency, or recorded document or agreement requiring
the owner to offer housing at below market rent.
(Ord. 5979, 2020; Ord. 6139, 1/23/2024)
A. The written notice to terminate tenancy shall state in full the facts
and circumstances constituting the at-fault just cause or no-fault
just cause for termination.
B. A written notice to terminate tenancy based upon no-fault just cause
shall be accompanied by a supplemental notice informing each qualified
tenant of their right to and the dollar denominated amount of a relocation
assistance payment required by this chapter.
C. Before the owner of a rental unit issues a notice to terminate a
tenancy for just cause that is a curable lease violation, the owner
shall first give notice of the violation to each qualified tenant
with an opportunity to cure the violation pursuant to paragraph (3)
of Section 1161 of the
Code of Civil Procedure. If the violation is
not cured within the time period set forth in the notice, a three-day
notice to quit without an opportunity to cure may thereafter be served
to terminate the tenancy.
D. A written notice to terminate tenancy based upon a no-fault just cause eviction shall be accompanied by a supplemental notice informing each qualified tenant of the right of first refusal under Section
26.50.055. The notice shall advise the tenant of the owner's contact information and of the tenant's obligation to provide the tenant's contact information to owner.
E. In addition to the requirements of this Section, a written notice
of termination must contain all of the information required by Civil
Code Section 1946.2 as adopted by Section 2 of Chapter 290 of 2023
California Statutes.
(Ord. 5979, 2020; Ord. 6139, 1/23/2024)
A. Failure to provide each of the notices required by this chapter shall
be a defense to any unlawful detainer action.
B. Failure to include all required information in the notices required
by this chapter shall render the notice void and be a defense to any
unlawful detainer action.
C. Failure to make a relocation assistance payment in a timely manner
shall be a defense to any unlawful detainer action.
D. Failure by an owner to plead and prove compliance with this chapter
shall be a defense to any unlawful detainer action.
E. Any violation of this chapter shall entitle the aggrieved tenant
to actual damages according to proof and costs and attorney's fees.
F. The City Attorney is authorized to enforce this chapter through administrative,
civil, or criminal action. The City Attorney is further authorized
to bring actions for injunctive relief on behalf of the City. The
City Attorney shall seek recovery of costs, expenses, and attorney's
fees as allowed by law.
G. An owner who attempts to terminate a tenancy in material violation
of this chapter shall be liable to the tenant in a civil action for
all the following:
2.
In the court's discretion, reasonable attorney's fees and costs.
3.
Upon a showing that the owner has acted willfully or with oppression,
fraud, or malice, up to three times the actual damages. An award may
also be entered for punitive damages for the benefit of the tenant
against the owner.
(Ord. 5979, 2020; Ord. 6139, 1/23/2024)
Early Tenant Alert Notice.
An additional written notice of no-fault just cause termination of a tenancy provided at least 60 days before the notice of termination required by Section
26.50.040(A).
Just Cause.
At-fault just cause and no-fault just cause, as follows:
1.
At-fault just cause, which is any of the following:
a.
Default in the payment of rent.
b.
A breach of a material term of the lease, as described in paragraph
(3) of Section 1161 of the
Code of Civil Procedure, including, but
not limited to, violation of a provision of the lease after being
issued a written notice to correct the violation.
c.
Maintaining, committing, or permitting the maintenance or commission
of a nuisance as described in paragraph (4) of Section 1161 of the
Code of Civil Procedure.
e.
The tenant had a written lease that terminated on or after the
effective date of this chapter, and after a written offer from the
owner, the tenant has refused to execute a written extension or renewal
of the lease for an additional term of the same duration and with
similar other terms, provided that those terms do not violate this
chapter or any other provision of law.
f.
Criminal activity by the tenant on the rental unit, including
any common areas, or any criminal activity or criminal threat, as
defined in subdivision (a) of Section 422 of the
Penal Code, on or
off the rental unit, that is directed at any owner or agent of the
owner of the rental unit; provided that criminal activity or criminal
threat directed at a tenant who is a victim of domestic violence shall
not be the basis for at-fault or no-fault just cause eviction of the
tenant who is a victim of domestic violence.
g.
Assigning or subletting the premises in violation of the tenant's
lease, as described in paragraph (4) of Section 1161 of the Code of
Civil Procedure.
h.
The tenant's refusal to allow the owner to enter the rental
unit as authorized by Sections 1101.5 and 1954 of the
Civil Code,
and Sections 13113.7 and 17926.1 of the
Health and Safety Code.
j.
The employee, agent, or a licensee's failure to vacate after
their termination as an employee, agent, or a licensee as described
in paragraph (1) of Section 1161 of the
Code of Civil Procedure.
k.
When the tenant fails to deliver possession of the rental unit
after providing the owner written notice as provided in
Civil Code
Section 1946 of the tenant's intention to terminate the hiring of
the real property, or makes a written offer to surrender that is accepted
in writing by the landlord, but fails to deliver possession at the
time specified in that written notice as described in paragraph (5)
of Section 1161 of the
Code of Civil Procedure.
2.
No-fault just cause is any of the following:
a.
The owner seeks in good faith to recover possession of the rental
unit for use and occupancy by the owner or their spouse, domestic
partner, children, grandchildren, parents, or grandparents if a provision
of the lease allows the owner to terminate the lease when the owner,
or their spouse, domestic partner, children, grandchildren, parents,
or grandparents, unilaterally decides to occupy the rental unit for
a minimum of 12 continuous months as that person's primary residence.
This subsection does not apply if the intended occupant occupies a
rental unit on the property or if a vacancy of a similar unit already
exists at the property. The written notice terminating a tenancy for
a just cause pursuant to this subparagraph shall contain the name
or names and relationship to the owner of the intended occupant. The
written notice shall additionally include notification that the tenant
may request proof that the intended occupant is an owner or related
to the owner. The proof shall be provided upon request and may include
an operating agreement and other non-public documents. This subsection
applies only if the intended occupant moves into the rental unit within
90 days after the tenant vacates and occupies the residential unit
as a primary residence for at least 12 consecutive months. If the
intended occupant fails to occupy the rental unit within 90 days after
the tenant vacates or fails to occupy the rental unit as their primary
residence for at least 12 consecutive months, the owner shall offer
the unit to the tenant who vacated it at the same rent and lease terms
in effect at the time the tenant vacated and shall reimburse the tenant
for reasonable moving expenses incurred in excess of any relocation
assistance that was paid to the tenant in connection with the written
notice. However, if the intended occupant moves into the rental unit
within 90 days after the tenant vacates but dies before having occupied
the rental unit as a primary residence for 12 months, this will not
be considered a failure to comply with this section or a material
violation of this section by the owner.
b.
The owner seeks in good faith to recover possession to permanently
withdraw the rental unit from the rental market. The notice of termination
must be filed with the Community Development Department when it is
given to the tenant and must specify the intended use of the unit
and the lot on which the rental unit is located.
c.
The owner seeks in good faith to comply with any of the following:
i.
An order issued by a government agency or court relating to
habitability that necessitates vacating the rental unit.
ii.
An order issued by a government agency or court to vacate the
rental unit.
iii.
A local ordinance that expressly requires vacating the rental
unit.
d.
The owner seeks in good faith to recover possession to totally
demolish or to substantially remodel the rental unit, provided the
owner has done all of the following:
i.
Obtained all permits necessary to carry out the demolition or
substantial remodel from the applicable governmental agencies.
ii.
Served the tenants with a copy of the permits along with a written notice stating the reason for the termination, the type and scope of work to be performed, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work requires the tenant to vacate the residential real property for at least 30 consecutive days. The copy and notice shall be contained in or served concurrently with the notice of termination required by Section
26.50.040.
iii.
Filed with the Community Development Director the documents
served on the tenant under subsection 2.d.ii.
Owner.
An owner as defined in
Civil Code Section 1954.51. For purposes
of subsection (2)(a) under the definition for "just cause" above,
owner also has the meaning defined in
Civil Code Section 1946.2(b)(2)(A)(viii)(II).
Qualified Tenant.
A tenant who has continuously and lawfully occupied or had
the legal right to occupy a rental unit for 12 months.
Rent.
The total consideration charged or received by an owner in
exchange for the use or occupancy of a rental unit.
Rental Unit.
Any unit in any real property, regardless of zoning status,
including the land appurtenant thereto, that is rented or available
for rent for residential use or occupancy (regardless of whether the
unit is also used for other purposes), together with all housing services
connected with use or occupancy of such property, such as common areas
and recreational facilities held out for use by the tenant.
Substantially Remodel.
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, in accordance with
applicable Federal, State, and local laws, that cannot be reasonably
accomplished in a safe manner with the tenant in place and that requires
the tenant to vacate the rental unit for at least 30 consecutive days.
Substantial remodeling does not include cosmetic improvements, including
painting and decorating, minor repairs, routine maintenance, or other
work that can be performed safely without having the rental unit vacated.
For purposes of this definition, a tenant is not required to vacate
a rental unit on any days where a tenant could continue living in
the rental unit without violating health, safety, and habitability
codes and laws.
Tenant.
Any renter, tenant, subtenant, lessee, or sublessee, or person
entitled by written or oral agreement to occupy a rental unit, or
any successor of any of the foregoing.
(Ord. 5979, 2020; Ord. 6107 §2, 2023; Ord. 6139, 1/23/2024; Ord. 6153, 5/21/2024)
An owner who has recovered possession of a rental unit for purposes
of substantial remodel must not re-rent the unit until all permitted
work has been completed and the Chief Building Official or his or
her authorized representative has inspected the work and confirmed
in writing that the permitted work has been completed.
(Ord. 6139, 1/23/2024)