Eviction and just cause in Salinas

Sec. 17-02.53. - Just cause required for termination of tenancy. No Landlord shall take action to terminate any residential tenancy including, but not limited to, making a demand for possession of a Rental Unit threatening to terminate a residential tenancy verbally or in writing, serving any notice to quit or other eviction notice, or bringing any action to recover possession or be granted recovery of possession of a Rental Unit without just cause. For purposes of this Article, just cause includes at-fault and no-fault just cause. (a) At Fault Just Cause. At Fault Just Cause is any of the following: (1) Failure to Pay Rent. The Tenant has failed to pay the Rent which the Landlord is legally entitled under the Rental Housing Agreement, this Article, or any other local law. However, this subsection shall not constitute grounds for eviction where the Tenant has withheld Rent pursuant to applicable law or where the amount of Rent demanded is less than one month of fair market Rent for a unit of equivalent size in the Salinas metro area as determined by the U.S. Department of Housing and Urban Development. (2) Breach of Lease. The Tenant has continued, after written notice to cease, to substantially violate any of the material terms of the Rental Housing Agreement, except the obligation to surrender possession on proper notice as required by law, and provided such terms are reasonable and legal and have been accepted in writing by the Tenant or made a part of the Rental Housing Agreement; and provided further, that, where such terms have been accepted by the Tenant or made a part of the Rental Housing Agreement subsequent to the initial creation of the tenancy, the Landlord shall have first noticed the Tenant in writing that he or she need not accept such terms or agree to their being made part of the Rental Housing Agreement. (A) Notwithstanding nay contrary provision in this section, a Landlord shall not take any action to terminate a tenancy based on a Tenant's sublease of the Rental Unit if the following requirements are met: (i) The Tenant continues to reside in the Rental Unit as his, her, or their primary residence; (ii) The sublease replaces one or more departed tenants under the Rental Housing Agreement on a one-for-one basis; and (iii) The Landlord has unreasonably withheld the right to sublease following written request by the Tenant. If the Landlord fails to respond to the Tenant in writing within fourteen days of receipt of the Tenant's written request, the Tenant's request shall be deemed approved by the Landlord. A Landlord's reasonable refusal of the Tenant's written request may not be based on the proposed additional occupant's lack of creditworthiness, if that person will not be legally obligated to pay some or all of the Rent to the Landlord. A Landlord's reasonable refusal of the Tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a Rental Unit exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code as incorporated by California Health and Safety Code section 17922. (B) Protections for Families. Notwithstanding any contrary provision in this section, a Landlord shall not endeavor to recover possession of a Rental Unit as a result of the addition to the Rental Unit of the Tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in California Family Code section 297) of such relatives, or as a result of the addition of the spouse or domestic partner of the Tenant, so long as the number of occupants does not exceed the maximum number of occupants as determined under section 503(b) of the Uniform Housing Code as incorporated by California Health and Safety Code section 17922. (C) Before endeavoring to recover possession based on the violation of a legal obligation or covenant of tenancy regarding subletting or limits on the number of occupants in the Rental Unit, the Landlord shall serve the Tenant a written notice of the violation that provides the Tenant with a minimum of fourteen days' opportunity to cure the violation. The Tenant may cure the violation by making a written request to add occupants referenced in subsection (2)(A)(iii) of this section or by using other reasonable means to cure the violation including, but not limited to, the removal of any additional or unapproved occupant. Nothing in this subsection is intended to limit any other rights or remedies that the law otherwise provides to Landlords or to Tenants. (3) Nuisance. The Tenant has continued, after the Landlord has served the Tenant with a written notice to cease, to commit or expressly permit a nuisance in, or cause substantial damage to the Rental Unit. (4) Waste. The committing of waste as described in California Code of Civil Procedure section 116(4), as may be amended. (5) Criminal Activity; Criminal Threats. Criminal activity by the Tenant on the residential rental property, including any common areas associated with the residential rental property. 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 Landlord or any other Tenant of the residential rental property. (6) Assignment or Subletting in Violation of the Rental Housing Agreement. The Tenant's assignment or sublet of the residential rental property in violation of the Tenant's lease, as described in Section 17-02.53(a)(2)(A). (7) Failure to Give Access. The Tenant has continued to refuse without good cause, after the Landlord has served the Tenant with a written notice, to grant the Landlord reasonable access to the Rental Unit for the purposes of showing the Rental Unit to prospective purchasers, renters, or mortgagees, or making necessary repairs or improvements required by federal, state, or local laws. This shall include inspections by the City and other inspections needed so that the Landlord may comply with such laws. Unless due to a documented emergency affecting the Tenant's health and/or safety, all repair or improvement work will be scheduled in compliance with applicable City regulations. To terminate a tenancy under this subsection, a Landlord must show that written notice was provided to the Tenant and all necessary repair or improvement work was scheduled in compliance with this subsection and all applicable City regulations. Landlords may not use lock-boxes on occupied Rental Units. (8) Illegal Purpose. The Tenant is convicted of using or expressly permitting the Rental Unit to be used for any illegal purpose. Residing in a Rental Unit that lacks a certificate of occupancy, has not been approved by the City for residential use, or that has been cited for housing, building, or Zoning Code violations does not constitute use of the premises for an illegal purpose. (b) No Fault Just Cause. No Fault Just Case 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) Owner Move-In. The Landlord seeks to recover possession in good faith for use and occupancy as a Primary Residence by the Landlord or the Landlord's spouse, domestic partner, child (by blood or adoption), grandchild (by blood or adoption), parent, or grandparent. (A) For Rental Housing Agreements entered into on or after the Operative Date of this Article, this subsection (b)(1) shall only apply if the Tenant agrees to termination in writing or if the Rental Housing Agreement expressly allows the Landlord to terminate the Rental Housing Agreement if the Landlord unilaterally decides to occupy the residential rental property for the Landlord, or their spouse, domestic partner, child (by blood or adoption), grandchild (by blood or adoption), parent, or grandparent. (B) Landlord, as used in this subsection, shall only include a Landlord that is a natural person who has at least fifty-one percent recorded ownership interest in the property. (C) The notice terminating tenancy shall contain the name, address or primary residence, and relationship to the Landlord of the person intended to occupy the Rental Unit, a list of all real property owned by each intended future occupant, and the address of the real property, if any, on which each intended future occupant claims a homeowner's property tax exemption. (D) The Landlord or enumerated relative must intend in good faith to move into the Rental Unit within ninety days after the Tenant vacates and occupy the Rental Unit as a primary residence for at least thirty-six consecutive months. (E) If the Landlord or enumerated relative specified in the notice terminating tenancy fails to occupy the unit for at least a thirty-six consecutive month period, or fails to occupy the Rental Unit within ninety days after the Tenant vacates, the Landlord shall: (i) Offer the Rental Unit to the Tenant who vacated it at the same Rent and the same terms in effect at the time the Tenant vacated; and (ii) Pay to said Tenant all reasonable expenses incurred in moving to and from the Rental Unit, including the lease termination fees. This subsection does not limit any other remedies a Tenant may have under this Article or other applicable law. (F) No eviction may take place for an "owner move in" if the same Landlord or enumerated relative already occupies a Rental Unit on the Property, or if a vacancy already exists on the Property. Once a Landlord or enumerated relative has successfully recovered possession of a Rental Unit for an "owner move in" pursuant to this section, no other current Landlords or enumerated relatives may recover possession of any other Rental Unit in the building under this section. Only one specific unit per building may undergo an eviction under this section. Any future evictions taking place in the same building under this section must be of that same unit. At all times a Landlord may request a reasonable accommodation if the Landlord or enumerated relative is disabled or another unit is necessary to accommodate the person's disability. (G) The Landlord may not recover possession for an "owner move-in" pursuant to this section if a comparable unit, owned by the Landlord and located within the city of Salinas, was, at the time of the Landlord's decision to seek to recover possession of the Rental Unit, already vacant and available, or if a comparable unit, owned by the Landlord in the city of Salinas, thereafter becomes vacant at any time until the earlier of the Tenant's surrender of possession of the premises or the entry of a judgment of a court of competent jurisdiction awarding possession of the premises to the Landlord. In an action by or against the Tenant, evidence that a comparable unit was vacant and available within ninety days prior to the date of a notice terminating the Tenant's tenancy shall create a presumption that such unit was vacant and available at the time of the Landlord's decision to seek to recover possession of the premises. "Presumption" means that the court must find the existence of the presumed fact unless and until the contrary is proven by a preponderance of the evidence. (2) Temporarily Vacate in Order to Undertake Substantial Repairs; Demolition. (A) The Landlord, after having obtained all necessary permits from the City and other governmental agencies, seeks in good faith to demolish or to undertake substantial repairs which are necessary to bring the Property into compliance with applicable codes and laws affecting the health and safety of Tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of Tenants of the building, and where such repairs cannot be completed while the Tenant resides on the Property. For purposes of this section, "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. 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 a substantial remodel. (i) The Landlord shall give written notice to the Tenant at least thirty days prior to the proposed date of commencement of such substantial repair which notice shall include a description of the repairs to be completed and the approximate expected duration of the repairs, together with a copy of the permit(s) required or, if 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 repairs that reasonably details the work that will be undertaken. (B) Where such repairs can be completed in a period of sixty or fewer days, and the Tenant agrees in writing to vacate the premises during the period required to complete the repairs, the Landlord may not recover possession pursuant to this section unless the Tenant shall fail or refuse to vacate the premises in accordance with such agreement. (C) Where the Landlord owns any other residential Rental Units in the city of Salinas, and such Rental Unit is vacant and available at the time of service of the written notice terminating the tenancy, or ay any other time thereafter until the earlier of the Tenant's vacating the premises or the entry of a judgment by a court of competent jurisdiction awarding possession of the premises to the Landlord, the Landlord shall, as a condition of obtaining possession pursuant to this subsection notify the Tenant in writing of the existence and address of such vacant Rental Unit and offer the Tenant the right, at the Tenant's option: (i) To enter into a Rental Housing Agreement (to be designated as a "temporary housing agreement") on any available Rental Unit which the Tenant may choose, at a Rent not to exceed the lesser of the lawful Rent which may be charged for such available Rental Unit or the lawful Rental in effect, at the time of the notice of termination of tenancy, on the unit being vacated, said Rental Housing Agreement to be for a term of the lesser of ninety days or until completion of repairs on the Rental Unit being vacated by the Tenant; (ii) To enter into a new Rental Housing Agreement for such available Rental Unit at a Rent not to exceed the lawful Rent which may be charged for such available Rental Unit. (D) Where the Landlord recovers possession under this subsection the Tenant must be given the right of first refusal to re-occupy the Rental Unit upon completion of the reconstruction or the required work. (Ord. No. 2682(NCS), § 2, 9-24-2024)

Sec. 17-02.52. - Applicability; exemptions. (a) Applicability of this Article. This Article applies to all residential Rental Units, except for those units that are exempted. (b) Exemptions from this Article. The following residential Rental Units are exempt from all provisions of this Article: (1) A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to transient guests for a period of twenty-eight consecutive calendar days or less, counting portions of calendar days as full days and other transient occupancies as defined in California Civil Code section 1940(b). This exemption does not apply, however, to the following: (A) A Tenant who has lived at the property for more than thirty consecutive calendar days; (B) A Tenant who has entered into a Rental Housing Agreement to lease a Rental Unit for thirty days or more; or (C) Where a Landlord has violated California Civil Code section 1940.1 with regard to the Tenant. (2) Rental Units in a hospital, convent, monastery, extended medical care facility, non-profit home for the aged, or dormitory as defined in California Building Code section 202 that is solely owned and operated by an accredited institution of higher education. (3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to twelve, inclusive. (4) Housing accommodations in which the Tenant shares a bathroom or kitchen facilities with the owner who maintains their Primary Residence at the residential rental property. (5) Single-family owner-occupied residences which the owner maintains as their Primary Residence, 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 junior accessory dwelling unit. (Ord. No. 2682(NCS), § 2, 9-24-2024)