A. Once a tenant has resided in a rental unit for more than 12 months pursuant to the terms of a rental housing agreement, the landlord is prohibited from taking action including, without limitation, making a demand for possession; threatening to terminate the tenancy of that tenant, whether orally or in writing; serving any notice to quit or other eviction notice; or bringing any action to recover possession of the rental unit unless at least one of the following conditions exists:
1. Failure to pay rent. The tenant has failed, after three days from the date of receipt of a notice to quit or pay rent as provided by law, to pay rent to which the landlord is legally entitled under the rental housing agreement in compliance with this chapter and any other state or local law.
2. Breach of rental housing agreement. After the landlord has served the tenant with a written notice to cease, provided a reasonable period to cure the alleged violation of the rental housing agreement, and informed the tenant that failure to cure may result in the initiation of eviction proceedings, the tenant continues to violate any of the material terms of the rental housing agreement.
3. Criminal and nuisance activity. The tenant engages in criminal activity in the rental unit, including any common areas, in violation of a local, state, or federal criminal law; or after the landlord has served the tenant with a notice to cease, the tenant continues to engage in conduct that is so disorderly as to destroy the peace, quiet, comfort, or safety of the other tenants in violation of a local or state nuisance law.
4. Failure to give access. After the landlord has served the tenant with notice, the tenant, after receiving three dates for access, continues to refuse to allow landlord access to the rental unit pursuant to a request consistent with California Civil Code section 1954.
5. Necessary and substantial repairs requiring temporary vacancy. The landlord, after having obtained all necessary permits from the city and having provided 120 days' advance written notice to the tenant, seeks in good faith to make substantial repairs to the rental unit that are necessary to bring the rental unit into compliance with applicable local and state codes and laws affecting the health and safety of tenants of the building where the rental unit is located, provided that:
a. The repairs necessitate that the tenant vacate the rental unit because the work will make the rental unit uninhabitable for a period of not less than 30 days.
b. Before the tenant is required to vacate the rental unit, the landlord is required to offer the tenant the right to elect to: (i) reoccupy the vacated rental unit upon completion of the repairs at the rental rate that would have been in effect under the rental housing agreement if it had not been terminated; or (ii) if the landlord owns a comparable vacant rental unit, to occupy the comparable rental unit at the same rental rate as the vacated rental unit.
6. Owner move-in. After providing at least 120 days' advance written notice to the tenant, the landlord seeks to recover possession of the rental unit for use and occupancy as landlord's primary residence or the primary residence of a member of landlord's immediate family for at least 12 months. In this case, landlord must be a natural person with at least 51% ownership of the rental unit.
7. Withdrawal of rental unit from rental market. After providing at least 120 days' advance written notice to tenant, the landlord seeks in good faith to recover possession of the rental unit to withdraw the unit and all of the rental units in the building and on the same parcel from the rental market for at least 12 months, including landlord's intent to demolish the rental units. The landlord must first file a rental unit withdrawal notice with the city in accordance with the administrative procedures and state law.
B. A tenant who is aggrieved by the action of a landlord in violation of this chapter may file a petition to seek review by a hearing examiner.
C. The notice to terminate a tenancy for any of the authorized conditions must state with specificity the subject matter and basis which justifies the landlord's action to terminate the tenant's right to occupy the rental unit. (Ord. 2024-0045 § 2; Ord. 2019-0025 § 2)