A landlord shall not terminate a tenancy unless it is based upon one or more of the following grounds:
A. The tenant has defaulted in the payment of rent to which the landlord is entitled; provided, however, that the landlord's right to evict a tenant lawfully in possession of residential housing under this subsection is limited to defaults in payment where the amount due exceeds one month of fair market rent for the Los Angeles metro area set annually by the U.S. Department of Housing and Urban Development for an equivalent sized rental unit as that occupied by the tenant. The written notice to the tenant required under Section 165.05 of this article shall state the number of bedrooms in the tenant's rental unit. (Amended by Ord. No. 187,763, Eff. 3/27/23.)
B. The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure the violation after having received written notice from the landlord, except when:
(1) The obligation requires the surrendering of possession upon proper notice.
(2) The obligation limits the number of occupants if the additional occupant is one or more minor dependent children or one adult. The landlord has the right to approve the additional adult occupant provided that approval is not unreasonably withheld.
(3) The obligation is based on a change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties. For purposes of this subsection, a landlord may not unilaterally change the terms of the tenancy under California Civil Code Section 827 and then evict the tenant for the violation of the added covenant unless the tenant has agreed in writing to the additional covenant. The tenant must knowingly consent, without threat or coercion, to each change in the terms of the tenancy. A landlord is not required to obtain a tenant's written consent to a change in the terms of the tenancy if the change in the terms of the tenancy is authorized by federal, state, or local law. Nothing in this paragraph shall exempt a landlord from providing legally required notice of a change in the terms of the tenancy.
(4) A landlord shall not change the terms of a tenancy to prohibit pets and then evict the tenant for keeping a pet kept and allowed prior to the change, unless the landlord can establish that the pet constitutes a nuisance and the nuisance has not been abated upon proper notice to the tenant.
C. The tenant is committing or permitting to exist a nuisance in or is causing damage to residential real property, appurtenances or common areas of residential real property, or is creating an unreasonable interference with the comfort, safety, or enjoyment of other residents of the rental complex or within a 1,000 foot radius extending from the boundary line of the rental complex.
D. The tenant is using or permitting use of residential real property, common areas, or an area within a 1,000 foot radius from the boundary line of the rental complex for an unlawful purpose. The term "unlawful purpose" does not include the use of housing accommodations that lack a legally-approved use or that has been cited for occupancy or other housing code violations.
E. The tenant had a written lease that terminated on or after the effective date of this Article, and after a written request or demand from the landlord, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this Article or any other provision of law.
F. The tenant has refused the landlord reasonable access to the residential real property for the purpose of making repairs or improvements, for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the residential real property to any prospective purchaser or mortgagee.
G. The person in possession of residential real property at the end of a lease term is a subtenant not approved by the landlord.
H. The landlord seeks in good faith to recover possession of residential real property for use and occupancy as a primary place of residence by:
(1) The landlord; or
(2) The landlord's spouse, domestic partner, grandchildren, children, parents, or grandparents; or
(3) A resident manager when a residential manager, janitor, housekeeper, caretaker, or other responsible person is required to reside upon the premises by law or under the terms of an affordable housing covenant or regulatory agreement.
Landlords seeking to recover possession under this subdivision must comply with the restrictions and requirements of Los Angeles Municipal Code Section 151.30.
I. The landlord seeks in good faith to recover possession of residential real property under the following circumstances:
(1) to demolish the residential real property.
(2) to substantially remodel the residential real property, provided the landlord has secured permits necessary to substantially remodel the residential real property from applicable government agencies, and served a copy of the permits with a written termination notice stating the reason for termination, the type and scope of the 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 days. "Substantially remodel" shall have the same meaning as the term defined in California Civil Code Section 1946.2.
(3) to withdraw the residential real property permanently from rental housing use when the landlord is withdrawing from rent or lease all residential real property on the same parcel of land.
J. The landlord seeks in good faith to recover possession of residential real property to comply with a court order or governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates vacating the residential real property.
K. The Secretary of Housing and Urban Development seeks to recover possession to vacate the property prior to sale and has complied with all tenant notification requirements under federal law and administrative regulations.
L. The residential real property is in a Residential Hotel, and the landlord seeks to recover possession to Convert or Demolish the unit, as those terms are defined in Article 7.1 of Chapter IV of this Code. A landlord may recover possession only after the Los Angeles Housing Department has approved an Application for Clearance under Article 7.1 of Chapter IV of this Code.
M. The landlord seeks to recover possession of residential real property for conversion to affordable housing accommodations.
"Affordable housing accommodations" means housing accommodations with a government imposed regulatory agreement that has been recorded with the Los Angeles County Recorder, or which shall be recorded within six months of the filing of an exemption pursuant to this subdivision with the Department, guaranteeing that the housing accommodations will be affordable to either lower income or very low income households for a period of at least 55 years, with units affordable only to households with an income at 60 percent of the Area Median Income or less. None of the subject housing accommodations shall be affordable only to households with incomes greater than 60 percent of the Area Median Income, as these terms are defined by the U.S. Department of Housing and Urban Development. "Lower Income or very low income households" is defined according with California Health and Safety Code Sections 50079.5 and 50105.
To recover possession of residential real property under this subdivision, the landlord must first obtain an exemption from the Department indicating satisfaction of the following conditions:
(1) the housing accommodations are only available to lower income or very low income households with none of the subject accommodations affordable only to households with income greater than 60% of Area Median Income; and,
(2) the rent levels conform to the amounts set by the U.S. Department of Housing and Urban Development, or the California Department of Housing and Community Development, as applicable, based on the public funding source for the subject accommodations.
The Department shall have the authority to revoke an exemption issued pursuant to this subdivision for failure to adhere to any of the conditions for an exemption set forth in this subdivision.
If the landlord fails to record a government imposed regulatory agreement within six months of the filing of the affordable housing exemption with the Department, and the landlord seeks to offer the residential real property for rent or lease, the landlord shall first offer to rent or lease the unit to the tenant displaced from that unit pursuant to this subdivision, provided that the tenant advised the landlord in writing within 30 days of displacement of the tenant's desire to consider an offer to renew the tenancy and provided the landlord with an address to which that offer is to be directed. The tenant may subsequently advise the landlord of a change of address to which an offer is to be directed. A landlord who re-offers the unit pursuant to the provisions of this subdivision shall deposit the offer in the United States mail, by registered or certified mail with postage prepaid, addressed to the displaced tenant at the address furnished to the landlord as provided in this subdivision, and shall describe the terms of the offer. The displaced tenant shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance to the Department or deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid.
N. The landlord seeks to recover possession of residential real property for conversion to non-residential use.