Bishop Municipal Code Ch. 9.28 Just Cause Eviction

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. Landlord means an owner of record, lessor, sublessor, or any other person, entity or non-natural person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative, predecessor, or successor of any of the foregoing.

B. Property means all rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership that are subject to Civil Code § 1946.2.

C. Rent means all periodic payments and all nonmonetary consideration, including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the landlord for use or occupancy of a rental unit and housing services under a rental housing agreement.

D. Tenant means a tenant, subtenant, lessee, sublessee, or a person entitled under the terms of a rental housing agreement to the use or occupancy of a rental unit.

(Code 1985, § 9.28.010; Ord. No. 563, § 2, 11-19-2019)

A. Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subsection shall only apply if either of the following are satisfied:

1. All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.

2. One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.

B. For purposes of this section, the term "just cause" includes either of the following:

1. At-fault just cause, which is any of the following:

a. Default in the payment of rent.

b. A breach of a material term of the lease, as described in subsection 3 of Code of Civil Procedure § 1161, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.

c. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in subsection 4 of Code of Civil Procedure § 1161.

d. Committing waste as described in subsection 4 of Code of Civil Procedure § 1161.

e. The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, 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 section or any other provision of law.

f. Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in Penal Code § 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.

g. Assigning or subletting the premises in violation of the tenant's lease, as described in subsection 4 of Code of Civil Procedure § 1161.

h. The tenant's refusal to allow the owner to enter the residential real property as authorized by Civil Code §§ 1101.5 and 1954, and Health and Safety Code §§ 13113.7 and 17926.1.

i. Using the premises for an unlawful purpose as described in subsection 4 of Code of Civil Procedure § 1161.

j. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in subsection 1 of Code of Civil Procedure § 1161.

k. When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Civil Code § 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 subsection 5 of Code of Civil Procedure § 1161.

2. No-fault just cause, which includes any of the following:

a. i.

Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.

ii. For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobile home, subsection B.2.a.i of this section shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subsection B.1.e of this section.

b. Withdrawal of the residential real property from the rental market.

c. i.

The owner complying with any of the following:

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

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

(III) A local ordinance that necessitates vacating the residential real property.

ii. 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 under subsection B.2.c.i of this section, the tenant shall not be entitled to relocation assistance as outlined in subsection D of this section.

d. i.

Intent to demolish or to substantially remodel the residential real property.

ii. For purposes of this subsection, the term "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 substantial rehabilitation.

C. Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to subsection 3 of Code of Civil Procedure § 1161. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.

D. 1.

For a tenancy for which just cause is required to terminate the tenancy under subsection A of this section, if an owner of residential real property issues a termination notice based on a no-fault just cause described in subsection B.2 of this section, the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:

a. Assist the tenant to relocate by providing a direct payment to the tenant as described in subsection D.3 of this section.

b. Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.

2. If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant's right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subsection D.1.b of this section, the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.

3. a.

The amount of relocation assistance or rent waiver shall be equal to one month of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

b. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to subsection B of this section shall be recoverable as damages in an action to recover possession.

c. The relocation assistance or rent waiver required by subsection B of this section shall be credited against any other relocation assistance required by any other law.

4. An owner's failure to strictly comply with subsection B of this section shall render the notice of termination void.

E. This section does not apply to the following types of residential real properties or residential circumstances:

1. Transient and tourist hotel occupancy as defined in Civil Code § 1940(b).

2. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Health and Safety Code § 1569.2, or an adult residential facility, as defined in chapter 6 of division 6 of title 22 of the Manual of Policies and Procedures published by the state department of social services.

3. Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to 12, inclusive, school.

4. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.

5. Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

6. A duplex in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.

7. Housing that has been issued a certificate of occupancy within the previous 15 years.

8. Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

a. The owner is not any of the following:

i. A real estate investment trust, as defined in the federal Internal Revenue Code § 856.

ii. A corporation.

iii. A limited liability company in which at least one member is a corporation.

b. i.

The tenants have been provided written notice that the residential property is exempt from this section using the following statement: "This property is not subject to the rent limits imposed by Civil Code § 1947.12 and is not subject to the just cause requirements of Civil Code § 1946.2. This property meets the requirements of Civil Code §§ 1946.2(e)(8) and 1947.12(d)(5) and the owner is not any of the following:

(I) A real estate investment trust, as defined by section 856 of the Internal Revenue Code;

(II) A corporation; or

(III) A limited liability company in which at least one member is a corporation."

ii. For a tenancy existing before July 1, 2020, the notice required under subsection E.8.b.i of this section may, but is not required to, be provided in the rental agreement.

iii. For any tenancy commenced or renewed on or after July 1, 2020, the notice required under subsection E.8.b.i of this section must be provided in the rental agreement.

iv. Addition of a provision containing the notice required under subsection E.8.b.i of this section to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subsection B.1.e of this section.

9. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Health and Safety Code § 50093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Health and Safety Code § 50093 or comparable federal statutes.

(Code 1985, § 9.28.020; Ord. No. 563, § 2, 11-19-2019)

Failure by a landlord to comply with the terms of this chapter shall be an affirmative defense to any unlawful detainer action pending or filed on or after the effective date of the ordinance from which this chapter is derived. In addition, tenant may bring a civil suit in the courts of the state alleging that a landlord has violated any of the provisions of this chapter. In a civil suit, a landlord found to violate this chapter shall be liable to the tenant for all actual damages, as well as an award of reasonable attorneys' fees and costs. Additionally, upon a showing that the landlord has acted willfully or with oppression, fraud, or malice, the tenant shall be awarded treble damages. No administrative remedy need be exhausted prior to filing suit pursuant to this section.

(Code 1985, § 9.28.030; Ord. No. 563, § 2, 11-19-2019)