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(A) Prerequisites to terminate. No landlord may terminate a residential tenancy of a dwelling unit unless the landlord can demonstrate:
(1) The landlord possesses a valid business license, if applicable, in accordance with the Town Code; and
(2) The landlord can demonstrate timely, good faith substantial compliance with the noticing requirements listed herein; and
(3) The landlord served a notice of termination to the tenant, in the form required by this chapter; and
(4) The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the dwelling unit beyond the term of the terminated tenancy in compliance with Cal. Civil Code §§ 1945, 1946, and 1946.1; and
(5) The termination qualifies as a for cause or no fault termination, as defined in this section; and
(6) The landlord has complied with the requirements listed in this chapter.
(B) For cause terminations. If a landlord can show any of the following circumstances with respect to a termination of tenancy, the termination will qualify as “for cause.” Nothing in this section shall abrogate the protections afforded to survivors of violence consistent with the Cal. Code of Civil Procedure § 1161.3, as amended, and the Violence Against Women Act, Public Law 102-322, as amended.
(1) Failure to pay rent. Tenant failed to pay rent within three days of receiving written notice from the landlord demanding payment as provided in Cal. Code of Civil Procedure § 1161(2).
(2) Breach of rental contract. Tenant violated a material term of the rental agreement as provided in Cal. Code of Civil Procedure § 1161(3).
(3) Tenant illegal activities. Tenant has been convicted for using the dwelling unit for an illegal purpose as provided in Cal. Code of Civil Procedure § 1161(4), including but not limited to the unlawful distribution of a controlled substance as contemplated by Cal. Civil Code § 3486, the unlawful use, manufacture, or possession of weapons and ammunition as contemplated by Cal. Civil Code § 3485, or for of a serious crime or violent felony as defined by applicable law, which occurred during the tenancy and within 1,000 feet of the dwelling unit. For purposes of this division (B)(3), tenant household, after receiving a written notice, may cure the violation by removing, and demonstrating such removal, of the offending tenant.
(4) Threat of violent crime. Any statement made by a tenant, or at his or her request, by his or her agent to any person who is on the property that includes the 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.
(5) Nuisance behavior. The tenant, after written notice to cease and the passage of a reasonable period of time to abate or cure, continues to be so disorderly or to cause such a nuisance as to destroy the peace, quiet, comfort, or safety of the landlord or other tenants of the structure or rental complex containing the dwelling unit. Such nuisance or disorderly conduct includes, without limitation, violations of applicable local, state and federal law that destroy the peace, quiet, comfort, or safety of the landlord or other tenants of the structure or rental complex containing the dwelling unit, or the creation or maintenance of a dangerous or unsanitary condition in violation of applicable local, state, and federal law, and may be further defined in the guidelines adopted by the Town Manager or his or her designee.
(6) Causing damage to, or trespass to, any property or possessions of any other tenant or the landlord, or otherwise committing waste to the dwelling unit or premises.
(7) Notwithstanding the limitations of Cal. Code of Civil Procedure § 1161.3, as amended, act or acts constituting domestic violence or sexual assault or stalking against the tenant or a member of tenant’s household cannot form the substantial basis of a for cause reason to terminate the tenancy of the victim of such acts. A member of a tenant household may raise such facts as an affirmative defense to an action terminating the tenancy.
(C) No fault terminations. If a landlord can show any of the following circumstances with respect to a termination of tenancy, the termination will qualify as “no fault.”
(1) Landlord will permanently remove unit from rental market. Landlord will imminently demolish the dwelling unit or otherwise permanently remove the dwelling unit from any residential rental use or purpose, in accordance with Cal. Government Code §§ 7060 through 7060.7.
(2) Landlord will move in to dwelling unit. Landlord, or one of landlord’s parents, grandparents, brothers, sisters, aunts, uncles, nieces, nephews, or child(ren), intend to move into and reside in the dwelling unit as his, her, or their primary residence. The dwelling unit must be occupied as the primary residence within three months of the tenant household vacating the dwelling unit, and the dwelling unit must continue to be occupied as the primary residence for at least one year.
(3) Substantial rehabilitation for health and safety. Landlord has obtained permits to undertake substantial repairs to the dwelling unit that cannot be completed while the dwelling unit is occupied. To qualify, such substantial repairs must be for the primary purpose of making the dwelling habitable or bringing the dwelling unit into compliance with applicable health and safety codes.
(D) Buy-out agreements. Nothing in this chapter shall expand or limit a landlord and tenant’s ability to negotiate or agree to end a tenancy voluntarily in exchange for money or other consideration.
(Ord. 828, passed 3-6-2019; Am. Ord. 829, passed 4-3-2019)