6.30.050 No-Fault Just Cause.
No-fault just cause includes any of the following:
A.
1. Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
2. For leases entered into on or after the effective date of the ordinance codified in this chapter, this subsection shall apply only if the tenant agrees, in writing, to the termination or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential real property for a period of at least twelve (12) months, as affirmed by the owner in a written affidavit submitted to the City. Addition of a provision allowing the owner to terminate the lease as described in this subsection to a new or renewed rental agreement or fixed-term lease constitutes a similar lease provision for the purposes of Larkspur Municipal Code Section 6.30.040(E).
3. In the event the owner seeks to rent the residential real property within twelve (12) months following eviction due to intent to occupy under this section, the evicted tenant shall have the right of first refusal to reoccupy and rent the residential real property at the monthly rental rate in effect at the time of eviction, unless the owner provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection.
B.
1. Withdrawal of the residential real property from the rental market under, and subject to, the provisions of the Ellis Act.
2. Tenants shall be entitled to a minimum of one hundred twenty (120) day notice for evictions pursuant to the Ellis Act. In the case that a tenant or member of tenant’s household has resided in the unit for at least twelve (12) consecutive months and is sixty-two (62) years of age or older, disabled, or certified to be terminally ill by the treating physician, tenant shall be entitled to a minimum of one (1) year’s notice.
C.
1. The owner complying with an order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
2. Exception. If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate, then the tenant shall not be entitled to relocation assistance as outlined in Larkspur Municipal Code Section 6.30.070(C).
D. Intent to demolish or to substantially remodel the residential real 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, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least thirty (30) days. 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.
1. The owner shall provide sixty (60) days’ advance written notice to the tenant of the ability to reoccupy the residential real property upon completion of the repairs, or if requested by the tenant, the right of first refusal to any comparable vacant rental unit which has been offered at comparable rent owned by the owner; and
2. In the event the owner seeks to rent the remodeled residential real property within twelve (12) months following the completion of the remodeling work, the evicted tenant shall have the right of first refusal to reoccupy and rent the residential real property at the monthly rental rate in effect at the time of eviction, unless the owner provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection. (Ord. 1068 § 2, 2023)