85B - ORD JUST CAUSE EVICTION - Laserfiche WebLink

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(b) Senior Citizen Accessory Units. A Rental Unit that is permitted and in compliance with Santa Ana Municipal Code and Charter Section 41-1325. (c) Temporary Rentals Allowed. A homeowner who is the Primary Resident of a Single -Family Home may create a temporary tenancy. The temporary Tenant must be provided, in writing at the inception of the tenancy, the length of the tenancy and a statement that the tenancy may be terminated at the end of the temporary tenancy and relocation shall not be provided. This subsection only applies to tenancies lasting no more than twelve consecutive months. (d) Renting of a Room Unregulated. The tenancy where the Tenant shares a bathroom or kitchen with the homeowner shall be exempt from this Ordinance if the home is the Primary Residence of the homeowner. SECTION 5 JUST CAUSE FOR EVICTION PROTECTIONS; FAMILY PROTECTIONS (a) No Landlord shall take action to terminate any lawful tenancy, including but not limited to, making a demand for possession of a Rental Unit, threatening to terminate a tenancy orally or in writing, serving any Notice to Terminate Tenancy, Notice to Quit, or other eviction notice, or bringing any action to recover possession, or be granted recovery of possession of a Rental Unit unless at least one of the following conditions exists. This prohibition on impermissible evictions is intended to apply to the fullest extent permitted by law to all Notices to Terminate a Tenancy, Notices to Quit, or other eviction notice that were served on a tenancy before the effective date of this Ordinance. (1) Failure to Pay Rent. The Tenant has failed to pay the Rent to which the Landlord is legally entitled under the Rental Housing Agreement, this Ordinance, or any other state or local law. (2) Breach of Lease. The Tenant has continued, after the Landlord has served the Tenant with Written Notice to Cease, in a language that the Tenant can have interpreted or understand, to substantially violate any of the material terms of the Rental Housing Agreement, other than a violation based on: (A) The obligation to surrender possession upon proper notice; or (B) The obligation to limit occupancy, provided that the additional Tenant who joins the occupants of the unit thereby exceeding the limits on occupancy set forth in the Rental Housing Agreement is either the first or second dependent child to join the existing tenancy of a Tenant of record, the sole additional adult Tenant, or is a replacement Tenant who moved in after an approved Tenant has vacated the Rental Unit. For purposes of this subsection, multiple births shall be considered as one child. The Landlord, however, has the right to approve or disapprove the prospective additional or replacement Tenant, who is not a minor dependent