§ 8.52.090. Evictions.

A.

Permissible Causes. A landlord may bring an action to recover possession of a rental unit only upon one of the following grounds:

1.

The tenant has failed to pay the rent to which the landlord is entitled;

2.

The tenant has violated an obligation or covenant of the tenancy, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation after having received written notice thereof from the landlord;

3.

The tenant is committing or permitting to exist a nuisance in, or is causing damage to the rental unit or to the appurtenances thereof, or to the common areas of the complex containing the rental unit, or is creating an unreasonable interference with the comfort, safety or enjoyment of any of the other residents of the same or any adjacent building;

4.

The tenant is using or permitting a rental unit to be used for any illegal purpose;

5.

The tenant who had a written lease or rental agreement which terminated on or after the effective date of the ordinance codified in this chapter, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration with similar provisions and in such terms as are not inconsistent with or violative of any provision of this chapter;

6.

The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee;

7.

The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord;

8.

The landlord seeks in good faith to recover possession of the rental unit for use and occupancy of the rental unit by the landlord or the landlord's spouse, children, parents, grandparents, grandchildren, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law;

9.

The landlord seeks in good faith to recover possession so as to rehabilitate or remodel the rental unit, and the work to be performed necessitates the removal of the rental unit from rental housing use;

10.

The landlord seeks in good faith to recover possession for the purpose of converting the unit into a condominium, cooperative or community apartment, and the landlord has complied with the notice requirements of Government Code Section 66427.1 and the requirements of Chapter 8.48 of this code relating to condominium, cooperative or community apartment conversion projects;

11.

The landlord seeks in good faith to recover possession in order to permanently remove the rental unit from rental housing use.

B.

Notification of Tenants. The landlord shall state the reason for the just-cause eviction on the written notice of termination served on the tenant pursuant to California Civil Code Section 1946.

C.

Retaliatory Evictions. If the dominant intent of the landlord in seeking to recover possession of a rental unit is retaliation against the tenant for exercising his or her rights under this chapter, and if the tenant is not in default as to the payment of rent, the landlord may not recover possession of a rental unit in any action or proceeding or cause the tenant to quit voluntarily.

D.

Notice to Cure. Before a landlord can use tenant violation of a covenant or obligation of tenancy as grounds for eviction pursuant to subsection A2 of this section, the landlord must have provided the tenant with a written statement of the respective covenants and obligations of both the landlord and tenant prior to such alleged violation, and such statement must have set forth the particular covenant or obligation subsequently alleged to have been violated.

E.

Affirmative Defense. In any action by a landlord to recover possession of a rental unit, the tenant may raise as an affirmative defense any of the grounds set forth in subsections A, B, C and D of this section.

(Ord. 12148 § 1 (part), 1980: Ord. 11950 § 6, 1979.)