No-fault just cause includes any of the following:
(A) The intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum 24 months, commencing within 90 days of the termination of tenancy.
(1) For leases entered into on or after the effective date of this article, this subsection shall apply only if:
(a) The tenant agrees, in writing, to the termination; or
(b) If a provision of the lease allows the owner to terminate the lease because the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential real property for a period of at least 24 months, commencing within 90 days of the termination of tenancy.
(2) Within ten days of serving a tenant with a notice of termination under this subdivision (A), the owner must submit a sworn affidavit to the city, including the following:
(a) A statement that the owner or the owner's spouse, intends in good faith to occupy the unit as to which the tenancy is to be terminated and to reside in that unit as their principal place of residence for a minimum of 24 months, commencing within 90 days of the tenancy of the termination;
(b) The name, and the relationship to the owner, of the person for whose occupancy in the unit the tenancy is being terminated; and
(c) The address of the owner or owner's spouse's domestic partner's, child's, grandchild's, parent's, or grandparent's principal place of residence as of the date when the tenant was served the notice of termination.
(B) Withdrawal of the residential real property from the rental market under, and subject to, the provisions of the Ellis Act.
(C) (1) The owner complying with an order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(2) Exception. If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate, then the tenant shall not be entitled to relocation assistance as outlined in section 27-6(C).
(D) Intent to demolish or to substantially remodel the residential real property. For purposes of this section, “substantially remodel” means 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 residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as a substantial remodel. A tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without the violation of health, safety, and habitability legal requirements.
(1) A written notice terminating a tenancy for a just cause pursuant to this Section 27-4(D) shall include all of the following information:
(a) A statement informing the tenant of the owner's intent to demolish the property or substantially remodel the rental unit property.
(b) The following statement:
“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”
(c) A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:
1. A copy of the issued permit or permits required to undertake the substantial remodel or demolition.
2. If the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.
(d) A notification that if the tenant is interested in re-occupying the rental unit following the substantial remodel, the tenant shall in inform the owner of the tenant's interest in re-occupying the rental unit following the substantial remodel and provide to the owner the tenant's address, telephone number, and email address.
(2) The owner shall provide 60 days advance written notice to the tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the tenant, the right of first refusal to any comparable vacant rental unit which has been offered at comparable rent owned by the owner; and
(3) In the event the owner seeks to rent the remodeled unit within six months following the completion of the remodeling work, the evicted tenant shall have the right of first refusal to reoccupy and rent the unit, unless the owner provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection.
(4) An owner's failure to strictly comply with this section shall render a notice of termination of a tenancy void and shall be an affirmative defense to an unlawful detainer action.
(Ord. No. 3012, 3041, 3042, 3049)