§98.0704 Just Cause Required for Termination of Tenancy

A landlord shall not terminate a tenancy without just cause. For purposes of this Division, just cause includes at-fault just cause and no-fault just cause.

• (a) At-Fault Just Cause . At-fault just cause is any of the following:

  • (1) a default in the payment of rent;

  • (2) a breach of a material term of the lease , as described in California Code of Civil Procedure section 1161(3), as may be amended, including violation of a provision of the lease after being issued a written notice to correct the violation;

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• (3) the maintaining, committing, or permitting the maintenance or commission of a nuisance as described in California Code of Civil Procedure section 1161(4), as may be amended;

• (4) the committing of waste as described in California Code of Civil Procedure section 1161(4), as may be amended;

• (5) where the tenant has a written lease that terminated on or after June 24, 2023 and after receiving a written request or demand from the landlord , the tenant refused to execute a written extension or renewal of the lease for a substantially similar duration and with substantially similar provisions, provided the terms of the extension or renewal do not violate this Division or any other provision of law;

• (6) criminal activity by the tenant on the residential rental property , including any common areas associated with the residential rental property ;

• (7) a criminal threat, as defined in California Penal Code section 422(a), as may be amended, by the tenant regardless of where made directed at the tenant’s landlord or any other tenant of the residential rental property;

• (8) the tenant’s assignment or sublet of the residential rental property in violation of the tenant’s lease , as described in California Code of Civil Procedure section 1161(4), as may be amended;

• (9) the tenant’s refusal to allow the landlord to enter the residential rental property as authorized by California Civil Code sections 1101.5 and 1954, as may be amended, and California Health and Safety Code sections 13113.7 and 17926.1, as may be amended;

• (10) the tenant’s use of the residential rental property for an unlawful purpose as described in California Code of Civil Procedure section 1161(4), as may be amended;

• (11) where the tenant is an employee, agent, or licensee of the landlord and the tenant fails to vacate the residential rental property after their termination as an employee, agent, or licensee as described in California Code of Civil Procedure section 1161(1), as may be amended; and

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San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

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• (12) when the tenant fails to deliver possession of the residential rental property after providing the landlord written notice as provided in California Civil Code section 1946, as may be amended, of the tenant’s intention to terminate the tenancy , or the tenant makes a written offer to surrender the residential rental property 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), as may be amended.

• (b) No-Fault Just Cause . No-fault just cause is any of the following actions taken by the landlord in good faith, meaning the landlord acts without ulterior motives and with honest intent:

  • (1) The owner seeks to recover possession to occupy the residential rental property for the owner or their spouse, domestic partner, child (by blood or adoption), grandchild (by blood or adoption), parent, or grandparent for a minimum of 12 continuous months as that person’s primary residence.

    • (A) For leases entered into on or after June 24, 2023, section 98.0704(b)(1) shall apply only if the tenant agrees to the termination in writing or if the lease expressly allows the owner to terminate the lease if the owner unilaterally decides to occupy the residential rental property for the owner or their spouse, domestic partner, child (by blood or adoption), grandchild (by blood or adoption), parent, or grandparent.

    • (B) For tenancies in effect prior to June 24, 2023, the addition of a provision allowing the owner to terminate the lease as described in section 98.0704(b)(1) to a new lease , renewed lease , or fixed-term lease constitutes a substantially similar provision for the purposes of section 98.0704(a)(5).

    • (C) Section 98.0704(b)(1) does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property.

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• (D) The written notice terminating a tenancy for just cause under section 98.0704(b)(1) shall contain the name or names and relationship to the owner of the intended occupant. In addition, the written notice shall include notification that the tenant may request proof that the intended occupant is the owner or related to the owner . The owner shall provide tenant the proof upon request, which may include an operating agreement and other non-public documents.

• (E) Section 98.0704(b)(1) applies only if the intended occupant moves into the residential rental property within 90 days after the tenant vacates and occupies the residential rental property for at least 12 continuous months.

• (F) If the intended occupant does not occupy the residential rental property within 90 days after the tenant vacates or does not occupy the residential rental property for at least 12 continuous months, the owner shall offer the residential rental property to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice terminating the tenancy .

• (G) If the intended occupant moves into the residential rental property within 90 days after the tenant vacates, but dies before having occupied the residential rental property as a primary residence for 12 continuous months, this will not be considered a failure to comply with section 98.0704(b)(1) or a violation of section 98.0704(b)(1) by the owner .

• (H) For a new tenancy commenced during the time periods in section 98.0704(b)(1)(E), the residential rental property shall be offered and rented or leased at the lawful rent in effect at the time any written notice of terminating a tenancy is served.

• (I) For purposes of section 98.0704(b)(1), intended occupant means the owner or their spouse, domestic partner, child (by blood or adoption), grandchild (by blood or adoption), parent, or grandparent.

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San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

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• (2) The landlord seeks to recover possession to withdraw the residential rental property from the rental market.

• (3) The landlord seeks to recover possession to comply with any of the following:

  • (A) an order issued by a government agency or court relating to habitability that requires vacating the residential rental property for at least 30 days. An order issued by a government agency or court relating to habitability that requires vacating the residential rental property for fewer than 30 days is not grounds to terminate a tenancy for just cause and a landlord may be required by applicable state or federal law to provide tenant relocation benefits;

  • (B) an order issued by a government agency or court to vacate the residential rental property ; or

  • (C) a local ordinance that requires vacating the residential rental property .

If any government agency or court determines that the tenant is at fault for the condition or conditions triggering the order or need to vacate under section 98.0704(b)(3), the tenant shall not be entitled to any relocation assistance provided in section 98.0706(c).

• (4) The landlord seeks to recover possession to demolish or to substantially remodel the residential rental property .

  • (A) For purposes of section 98.0704(b)(4), substantially remodel means either of the following that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential rental property for at least 30 continuous days:

• (i) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or

  - (ii) the abatement of hazardous materials, including leadbased paint, mold, or asbestos, in accordance with applicable federal, state, and local laws.
  

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San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

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• (B) For purposes of section 98.0704(b)(4), a tenant is not required to vacate the residential rental property on any days where a tenant could continue living in the residential rental property without violating federal, state, or local laws regarding health, safety, and habitability. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential rental property vacated, do not qualify as substantial remodel.

• (C) If permits are required for the demolition or substantial remodel of the residential rental property , landlord shall:

  • (i) post at the residential rental property a copy of the application for the necessary permits within three business days of submittal of the application; and

  • (ii) secure permits necessary for the demolition or substantial remodel of the residential rental property prior to issuing the written notice required in section 98.0704(b)(4)(D).

• (D) A written notice terminating a tenancy for just cause under section 98.0704(b)(4) shall include all the following, certified under penalty of perjury:

  • (i) A statement informing the tenant of the landlord’s intent to demolish or substantially remodel the residential rental property .

  • (ii) The following statement:

If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the landlord must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the landlord at the rental rate that was in effect at the time you vacated. You must notify the landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the landlord of your acceptance of the offer.

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Chapter 9: Building, Housing and Sign Regulations

• (iii) A description of the substantial remodel to be completed with the approximate expected duration of the substantial remodel or, if the residential rental property is to be demolished, the expected date by which the residential rental property will be demolished, together with the following:

  • (I) a copy of the permits necessary for the demolition or substantial remodel; or

• (II) only if a notice is issued under section 98.0704(b)(4)(A)(ii) and the substantial remodel does not require any permit, a copy of the signed contract with the contractor hired by the landlord to complete the substantial remodel that reasonably details the work that will be undertaken to abate the hazardous materials as described in section 98.0704(b)(4)(A)(ii).

• (iv) A statement stating why the work cannot be reasonably accomplished in a safe manner with the tenant in place and requires the tenant to vacate the residential rental property for at least 30 continuous days.

• (v) A notification to tenant in compliance with section 98.0706(b)(1)(C).

(“Just Cause Required for Termination of Tenancy” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)

(Amended 2-27-2024 by O-21769 N.S.; effective 3-28-2024.)

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San Diego Municipal Code (3-2024)

Chapter 9: Building, Housing and Sign Regulations