If a landlord can show any of the following circumstances with respect to a termination of tenancy, the termination will qualify as a for cause termination:
A. Tenant failed to pay rent within three days of written notice being served on tenant by landlord demanding payment as provided in Cal. Code of Civil Procedure § 1161(2);
B. Tenant violated a material rental agreement term and did not cure such violation within ten days after receiving written notice from the landlord of such violation, which ten-day period shall run concurrently with the notice periods required by Cal. Code of Civil Procedure § 1161(3) and Cal. Civil Code § 1946.2(c);
C. Tenant has continued to refuse, after landlord has provided a written request, reasonable access to the rental unit by the landlord in accordance with Cal. Civil Code § 1101.5 and § 1954 and Cal. Health and Safety Code § 13113.7 and § 17926.1;
D. Tenant has used the rental unit to create a nuisance or for an illegal purpose as provided in Cal. Code of Civil Procedure § 1161(4), including:
1. A crime committed by a tenant of a rental unit which involves use of a gun, a deadly weapon or serious bodily injury and for which a police report has been filed; or
2. A threat of violent crime, which includes any statement made by a tenant, or at his or her request, by his or her agent to any person who is on the premises that includes the rental unit or to the landlord, or his or her agent, threatening the commission of a crime which will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is so unequivocal, immediate and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety; or
3. Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages the unit beyond normal wear and tear, and that condition has not been promptly abated or repaired after written notice to the tenant from the landlord and the passage of a reasonable cure period.
It shall be a defense to an action for possession of a rental unit under this § 15.09.315.D if the court determines that:
1. The tenant or the tenant's household member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and
2. The notice of termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the tenant or a tenant's household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.
E. Tenant was employed by the landlord to serve as a resident manager or other employee, was provided with the rental unit as part of or as a condition of the employment and the employment has been terminated. This provision shall not apply to any tenant whose tenancy in the building or complex housing the rental unit commenced prior to assuming managerial responsibilities or whose status as a tenant commenced prior to his or her status as a resident manager.
(Ord. No. 2020-015 § 2)