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85B - ORD JUST CAUSE EVICTION
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85B - ORD JUST CAUSE EVICTION
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12/3/2018 9:00:34 AM
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12/3/2018 8:59:01 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Council
Item #
85B
Date
12/4/2018
Destruction Year
2023
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to said person in a language that said person can interpret or understand, is <br />not a subtenant approved by the Landlord. <br />(8) Owner Move -in. The Landlord seeks, after providing written notice in a <br />language that the Tenant can interpret or understand to the Tenant <br />pursuant to state law, to recover possession of the Rental Unit in good <br />faith for use and occupancy as a Primary Residence by the Landlord, or <br />the Landlord's spouse, partner, children, grandchildren, parents or <br />grandparents. <br />(A) As used in subsection (a)(8) herein, Landlord shall only include a <br />Landlord that is a natural person and has at least a fifty percent <br />(50%) recorded ownership interest in the Property. <br />(B) No eviction may take place under this subsection if the same <br />Landlord or enumerated relative already occupies a unit on the <br />Property, or if a vacancy already exists on the Property. If a <br />comparable unit does become vacant and available before the <br />recovery of possession, the Landlord shall rescind the notice to <br />vacate and immediately dismiss any action filed to recover <br />possession of the premises. <br />(C) Any notice terminating a tenancy pursuant to this subsection shall <br />contain the name, address and relationship to the Landlord of the <br />person intended to occupy the Rental Unit and the rights pursuant <br />to Subparagraph (E) herein. <br />(D) The Landlord or enumerated relative must intend in good faith to <br />move into the Rental Unit within sixty (60) days after the Tenant <br />vacates and to occupy the Rental Unit as a Primary Residence for <br />at least thirty-six (36) consecutive months. <br />(E) If the Landlord or relative specified on the notice terminating <br />tenancy fails to occupy the Rental Unit within sixty (60) days after <br />the Tenant vacates, the Landlord shall: <br />(i) Offer the Rental Unit to the Tenant who vacated it at the <br />same Rent in effect when the Tenant vacated; and <br />(ii) Pay to said Tenant all reasonable expenses incurred in <br />moving to and from the Rental Unit. <br />(F) Eviction Protection for Elderly or Disabled Tenant. A Landlord <br />may not evict a Tenant pursuant to Subsection (a)(8) herein if the <br />Tenant (1) has resided in the Rental Unit for at least five (5) years <br />and is either at least sixty-two (62) years old or Disabled; or (2) is <br />certified as being terminally ill by the Tenant's treating physician. <br />13 <br />85B-13 <br />
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