5.14.050 For cause termination of tenancy.
(1) For Cause Termination of Tenancy. If a landlord can show any of the following circumstances with respect to a termination of tenancy of a rental unit, the termination qualifies as a for cause termination:
(a) Failure to Pay Rent. Tenant failed to pay rent within three days of written notice being served on tenant by landlord demanding payment as provided in California Code of Civil Procedure Section 1161(2).
(b) Violation of Material Term of Rental Agreement. Tenant has continued to violate a material term of the rental agreement as provided in California Code of Civil Procedure Section 1161(3), after written notice to cease, and did not cure such violation within 10 days after receiving written notice from the landlord of such violation.
(c) Waste. A tenant committed waste as described in California Code of Civil Procedure Section 1161(4).
(d) Nuisance or Illegal Purpose. Tenant has maintained, committed, or permitted the maintenance or commission of a nuisance or used the rental unit for an illegal purpose as provided in California Code of Civil Procedure Section 1161(4) including:
(i) Any crime or act of violence committed by a tenant of a rental unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed;
(ii) Any threat of violent crime or violence, which includes any statement made by a tenant or, at the tenant’s request, by the tenant’s agent, to any person who is on the property where the rental unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety; or
(iii) Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages the rental unit beyond normal wear and tear and that condition has not been promptly abated or repaired after written notice to the tenant from the landlord and the passage of a reasonable cure period.
It shall be an affirmative defense to an action for possession of a rental unit under this subsection if a court determines that: (A) the tenant or the tenant’s household member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and (B) the notice of for cause termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the tenant or a tenant’s household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.
(e) Failure to Sign Substantially Similar Lease. The tenant has refused to execute a written extension or renewal of a rental agreement upon expiration of a prior rental agreement, after written request or demand from the landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written rental agreement, and is consistent with federal, state, and local laws. For purposes of this subsection, the landlord’s written request or demand must be received no later than 60 days before final day of tenancy of the prior rental agreement.
(f) Assignment or Subletting in Violation of Lease. The tenant has assigned or sublet the rental unit in violation of the rental agreement, as provided in California Code of Civil Procedure Section 1161(4).
(g) Refuse Access. Tenant has continued to refuse, after landlord has provided a written request, reasonable access to the rental unit by the landlord for the purpose of making necessary repairs or improvements in accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113.7 and 17926.1.
(h) Failure to Vacate After Termination of Employment. Tenant was employed by the landlord to serve as a resident manager or other employee, was provided with the rental unit as part of or as a condition of the employment and the employment has been terminated. This provision shall not apply to any tenant whose tenancy in the building or complex housing the rental unit commenced prior to assuming managerial responsibilities or whose status as a tenant commenced prior to their status as a resident manager.
(i) Failure to Vacate After Termination of Lease. A tenant’s failure to timely deliver possession of the rental unit after: (i) providing the landlord written notice as provided in California Civil Code Section 1946 of the tenant’s intention to terminate a lease; or (ii) making a written offer to surrender, that is accepted in writing by the landlord, but the time specified in that written notice as described in California Code of Civil Procedure Section 1161(5) has expired. (Ord. 737 § 2 (Exh. A), 2023).