6.30.040 At-Fault Just Cause.
At-fault just cause includes any of the following:
A. Default in the payment of rent.
B.
1. A breach of a material term of the lease, as described in Cal. Code of Civ. Proc., Section 1161(3), including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
2. A “breach of a material term” shall not include:
a.
i. The obligation to limit occupancy; provided, that the additional occupant who joins the tenant of the residential real property thereby exceeding the limits on occupancy set forth in the lease is a dependent under age eighteen (18), or a replacement tenant who moved in after an approved tenant vacated the residential real property, so long as the addition does not exceed the Uniform Housing Code.
ii. The owner shall have the right to approve or deny the prospective additional or replacement tenant, who is not a minor dependent child; provided, that the owner does not unreasonably withhold approval. If the owner fails to respond to the tenant in writing with a description of the reasons for the denial of the request within a reasonable amount of time of receipt of the tenant’s written request, the tenant’s request shall be deemed approved by the owner if the lease is for a period of one (1) year or less.
b. A change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties. An owner is not required to obtain a tenant’s written consent to a change in the terms of the tenancy if the change in the terms of the tenancy is authorized by this section, or if the owner is required to change the terms of the tenancy pursuant to federal, state, or local law. Nothing in this subsection shall exempt an owner from providing legally required notice of a change in the terms of the tenancy.
C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in Cal. Code of Civ. Proc., Section 1161(4).
D. Committing waste as described in Cal. Code of Civ. Proc., Section 1161(4).
E. The tenant had a written lease that terminated on or after the effective date of the ordinance codified in this chapter, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions; provided, that those terms do not violate this section or any other provision of law. If the tenant had a written lease that terminated on or after the effective date of the ordinance codified in this chapter, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of nonsimilar duration and/or with nonsimilar lease provisions, then the cause for eviction will be no-fault just cause under Larkspur Municipal Code Section 6.30.050.
F. Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in Cal. Penal Code, Section 422(a), on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property or members of tenant’s household or other tenants of the residential real property. This at-fault just cause provision shall apply if the owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at-fault just cause eviction of a tenant under this provision shall only apply to that tenant who committed the criminal activity described herein. If a tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the tenant within the applicable statute of limitations period, the tenant shall be offered the right to restore the tenancy only if the same residential real property is available.
G.
1. Assigning or subletting the premises in violation of the tenant’s lease, as described in Cal. Code of Civ. Proc. Section 1161(4).
2. Notwithstanding any contrary provision in this section, an owner shall not take any action to terminate a tenancy based on a tenant’s sublease of the residential real property if all the following requirements are met:
a. The tenant requests permission from the owner in writing to sublease the residential real property;
b. The tenant continues to reside in the residential real property as their primary residence;
c. The sublease replaces one (1) or more departed tenants under the lease on a one-for-one basis; and
d. The owner fails to respond to the tenant in writing within a reasonable amount of time of the receipt of the tenant’s written request. If the owner fails to respond to the tenant’s written request, the request shall be deemed approved by the owner if the lease is for a period of one (1) year or less. An owner’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 residential real property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision.
H. The tenant’s refusal to allow the owner to enter the residential real property as authorized by Cal. Civ. Code Sections 1101.5 and 1954 and Cal. Health and Safety Code Sections 13113.7 and 17926.1.
I. Using the premises for an unlawful purpose as described in Cal. Code of Civ. Proc. Section 1161(4).
J. The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in Cal. Code of Civ. Proc. Section 1161(1).
K. When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Cal. Civ. Code Section 1946 of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the owner but fails to deliver possession at the time specified in that written notice as described in Cal. Code of Civ. Proc. Section 1161(5). (Ord. 1068 § 2, 2023)