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Landlords are prohibited from terminating tenancies to which this chapter applies unless the termination is for an "at-fault" or "no-fault" just cause in accordance with this section, and unless and until the landlord first satisfies the termination prerequisites specified in this section.

A. Termination Prerequisites. Before terminating a residential tenancy to which this chapter applies, the landlord must:

1. Provide a notice of tenant rights in accordance with Section 6.60.040;

2. Serve a notice of termination in accordance with Section 6.60.060; and

3. 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 accordance with California Civil Code Sections 1945, 1946, and 1946.1.

B. At-Fault Just Causes. The following circumstances with respect to a tenancy to which this chapter applies qualify as at-fault just causes for termination of the tenancy as permitted by this chapter. Nothing in this section shall abrogate the protections afforded to survivors of violence consistent with the California Code of Civil Procedure Section 1161(3) and the Violence Against Women Act, Public Law 102-322, as amended from time to time.

1. Failure to Pay Rent. The tenant failed to pay rent within three days of receiving written notice from the landlord demanding payment in accordance with California Code of Civil Procedure Section 1161(2), unless the tenant has withheld rent in accordance with the terms of the rental agreement or applicable local, state, or federal law.

a. Tenants may raise as a defense to an unlawful detainer action to recover possession of a unit for failure to pay rent that the landlord refused to accept rent paid on behalf of the tenant by a third party, or is refusing to provide a W-9 form or other necessary documentation for the tenant to receive rental assistance from a government agency, nonprofit organization, or other third party.

2. Breach of Rental Agreement. The tenant has committed a breach of a material term of the lease, as described in California Code of Civil Procedure Section 1161(3), including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.

3. Tenant Illegal Activity. Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in California Penal Code Section 422(a), on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.

4. Unlawful Use of Premises. Using the premises for an unlawful purpose as described in California Civil Code Section 1161(4).

5. Nuisance. The tenant has maintained, committed or permitted the maintenance or commission of a nuisance as described in California Code of Civil Procedure Section 1161(4).

6. Failure to Give Access. The tenant has refused, without good cause, after landlord has served written notice, to grant landlord reasonable access to the dwelling unit as authorized by California Civil Code Sections 1101.5 and 1954, and California Health and Safety Code Sections 13113.7 and 17926.1.

7. Committing Waste. Tenant has committed waste as described in California Code of Civil Procedure Section 1161(4).

8. Refusal to Enter a New Lease. The tenant had a written lease that terminated on or after the effective date of this chapter, 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 chapter or any other provision of law.

9. Prohibited Assignment or Subletting. Assignment or subletting the premises in violation of the tenant’s lease, as described in California Code of Civil Procedure Section 1161(4).

10. Failure to Vacate. The employee’s, agent’s or licensee’s failure to vacate after their termination as an employee, agent or a licensee as described in California Code of Civil Procedure Section 1161(1).

11. Failure to Deliver Possession. When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in California Civil Code Section 1946 of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in California Code of Civil Procedure Section 1161(5).

C. Limitations on Subsection B of This Section.

1. For purposes of subsections (B)(3) through (5) of this section, if the member of the tenant household that is responsible for giving cause for termination of the tenancy is not the tenant, the tenant, after receipt of notice of termination in accordance with Section 6.60.060, may cure the violation by permanently removing the member of the tenant household giving cause for termination, and substantiating such removal to the landlord’s reasonable satisfaction.

2. Except as permitted by California Code of Civil Procedure Section 1161.3, an act or acts against a tenant or a tenant household member that constitute one of the crimes listed in that section shall not give cause for termination of a tenancy to which this chapter applies. Tenants may raise the protections in California Code of Civil Procedure Section 1161.3, where applicable, as an affirmative defense to an action to terminate a tenancy. Landlords shall keep confidential all information that is received in confidence from a tenant or a tenant household member who is a victim of one of the crimes listed in California Code of Civil Procedure Section 1161.3, except to the extent that such disclosure is necessary to provide for a reasonable accommodation for the victim, or is otherwise required pursuant to applicable federal, state or local law.

D. No-Fault Just Causes. The following circumstances with respect to a tenancy to which this chapter applies qualify as no-fault just causes for termination of the tenancy as permitted by this chapter:

1. Permanent Withdrawal From Rental Market. A landlord intends in good faith to withdraw a building containing at least one rental unit from the residential rental market.

2. Owner or Relative to Occupy Dwelling Unit. Intent to occupy the residential real property by the owner or their relative, but only if a provision of the lease allows the owner to terminate the lease if the owner, or their relative member unilaterally decides to occupy the residential real property.

3. Intent to Demolish or Substantially Remodel. Intent to demolish or substantially remodel the residential real property. For purposes of this subsection, "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 thirty 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 substantial remodeling.

4. Government Order. The owner complying with any of the following:

a. An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.

b. An order issued by a government agency or court to vacate the residential real property.

c. A local ordinance that necessitates vacating the residential real property.

(Ord. 2848 NCS §2, 2023; Ord. 2823 NCS §2, 2022.)