Fairfax Municipal Code Ch. 5.54 Just Cause Evictions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DWELLING UNIT. A structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household as defined in Cal. Civil Code § 1940 and this code.

LANDLORD. An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

RENTAL UNIT. Any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for residential purposes, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by a tenant, regardless of zoning or permitting status. A room or rooms rented separately from other rooms at the same property shall constitute a single rental unit, even if tenants share other common spaces or amenities.

TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental agreement to the use or occupancy of any rental unit.

TOWN. The Town of Fairfax, California.

(Ord. 892, passed 11-5-2024)

Notwithstanding any other provision of law, a landlord may take action to terminate any tenancy, including but not limited to making a demand for possession of a rental unit, threatening to terminate a tenancy verbally or in writing, serving any notice to quit or other eviction notice, bringing any action to recover possession or be granted recovery of possession of a rental unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be entered, in any circumstance authorized by state law, including but not limited to Cal. Civil Code § 1946.2 and Cal. Code of Civil Procedure §§ 1159-1179.15. The town shall not enforce any limit on terminating a tenancy that is more restrictive than those set forth in state law. Any provision of law governing the applicable bases for eviction for any rental unit that was adopted after this measure was submitted for title and summary but prior to the effective date of this act, and that is inconsistent with this provision, is hereby repealed.

(Ord. 892, passed 11-5-2024)