Laserfiche WebLink
<br />Ordinance No. NS - ____ <br />Page 15 of 22 <br />1) “Owner” and “residential real property” have the same meaning as <br />those terms are defined in Civil Code Section 1954.51. <br /> <br />2) “Tenancy” means the lawful occupation of residential real property or <br />mobilehome space and includes a lease or sublease, as such may be <br />subject to local ordinance pursuant to the terms of the Costa -Hawkins <br />Rental Housing Act, California Civil Code section 1954.50. et seq., and <br />the Mobilehome Residency Law, Civil Code section 798, et seq. <br /> <br />Section 8-1995 – Notice of Termination of Tenancy. <br /> <br />(a) When terminating a Tenancy either at-fault or no-fault, an Owner must <br />comply with all of the following: <br /> <br />1) The Owner must serve a written notice in accordance with Civil Code <br />sections 1946 through 1946.5, to the tenant that states that, in addition <br />to any information required by federal or State law, the Owner will <br />terminate the Tenancy, and that indicates at least one at-fault or no- <br />fault just cause reason as provided in section 8-1994(b); and <br /> <br />2) The Owner has not accepted and will not accept rent or any other <br />consideration in return for the continued use of the residential property <br />beyond the term of the terminated Tenancy in compliance with Civil <br />Code sections 1945 through 1946.5; and <br /> <br />3) The Owner qualifies the termination as at-fault or no-fault just cause, <br />as specified in section 8-1994(b); and <br /> <br />4) The Owner has submitted to the City, within five (5) days after service <br />of the notice of termination on the tenant, a true and accurate copy of <br />the Owner's written notice of termination, and proof of such service, <br />signed under penalty of perjury, on the tenant. The Owner shall <br />maintain proof of service to the City as evidence that the Owner has <br />complied with this section. <br /> <br />5) The Owner must provide the notice in the language that the Owner and <br />tenant used to negotiate the terms of the Tenancy, in addition to <br />English. <br /> <br />Section 8-1996 – Retaliatory Eviction and Anti-Harassment. <br /> <br />(a) Retaliatory Eviction. <br /> <br />1) If the main intent of the Owner in terminating a Tenancy or refusing to <br />renew a Tenancy is retaliatory in nature, and if the tenant is not in <br />default as to the payment of rent, then the Owner may not terminate <br />EXHIBIT 3