Grounds for Eviction
The City of Glendale Municipal Code has guidelines a landlord must use to recover possession of a rental unit. The guidelines are based on the following definitions which are set in the City of Glendale Municipal Code chapter 9.30.020:
A. The tenant has failed to pay the rent to which the landlord is entitled.
B. The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure such violation after having received written notice thereof from the landlord, other than a violation based on:
1. The obligation to surrender possession upon proper notice; or
2. The obligation to limit occupancy when the additional tenant who joins the occupants is a dependent child who joins the existing tenancy of a tenant of record or the sole additional adult tenant. The landlord has the right to approve or disapprove the prospective additional tenant, who is not a minor dependent child, provided that the approval is not unreasonably withheld.
C. The tenant is permitting to exist a nuisance in, or is causing damage to, the rental unit, or the appurtenances thereof, or to the common areas of the rental complex, or creating an unreasonable interference with the comfort, safety or enjoyment of any other residents of the rental complex within a one thousand (1,000) foot radius extended from the boundary line of the rental complex.
The term “nuisance” as used herein includes, but is not limited to, any gang-related crime, any documented activity commonly associated with illegal drug dealing, including complaints of noise, steady traffic day and night to a particular unit, barricaded units, sighting of weapons, drug loitering as defined in California Health and Safety Code Section 11532, or other drug related circumstances brought to the attention of the landlord by other tenants, persons within the community, law enforcement agencies or prosecutorial agencies. For purposes of this subdivision, gang-related crime is any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or intended victim of the crime is a known member of a gang.
D. The tenant is using, or permitting a rental unit, the common areas of the rental unit or rental complex containing the rental unit, or an area within a one thousand (1,000) foot radius from the boundary line of the rental complex, to be used for any illegal purpose.
The term “illegal purpose” as used herein, includes, but is not limited to violations of the provisions of Divisions 10 through 10.7 of the California Health and Safety Code.
E. A person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
F. The tenant has refused the landlord reasonable access to the unit for the purposes of making repairs or improvements, or for any reasonable purpose as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.
G. The landlord seeks in good faith to recover possession so as to:
1. Demolish the rental unit; or
2. Perform work on the building or buildings housing the rental unit or units; and:
a. Such work costs not less than the product of eight (8) times the amount of the monthly rent times the number of rental units upon which such work is performed. For purposes of this section, the monthly rent shall be the average of the preceding twelve (12) month period; and
b. The work necessitates the eviction of the tenant because such work will render the rentable unit uninhabitable for a period of not less than thirty (30) calendar days, except that if the landlord seeks to recover possession for the purposes of converting the rental unit into a condominium, cooperative or community apartment, the landlord must comply with the notice requirements of Government Code Section 66427.1.
H. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by:
1. A resident manager, provided that no alternative vacant unit is available for occupancy by a resident manager; except that where a building has an existing resident manager, the owner may only evict the existing resident manager in order to replace him or her with a new manager.
2. The landlord or the landlord’s spouse, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents provided the landlord is a natural person. However, a landlord may use this ground to recover possession for use and occupancy by the landlord, landlord’s spouse, child, parent, in-laws or grandparents only once for that person in each rental complex of the landlord.
3. Tenants that require an occupancy agreement and intake, case management or counseling as part of the tenancy.
I. The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use pursuant to state law.
J. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a government agency’s order to vacate, or any other order that necessitates the vacating of the building, housing or rental unit as a result of a violation of this code or the Glendale building and safety code, or any other provision of law.
K. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a contractual agreement relating to the qualifications of tenancy with a governmental entity, where the tenant is no longer qualified.
L. The tenant has continued to smoke— as defined in Section 8.52.030 of this code— in any one (1) or more of the following places, after the landlord’s verbal or written warning to stop smoking:
1. In a rental unit that the landlord had designated as a non-smoking unit; or
2. In a common area, as defined in Section 8.52.030 of this code, where smoking is prohibited under Section 8.52.080 of this code. (Ord. 5628 § 25, 2008: Ord. 5383, 2004: Ord. 5340 § 2, 2003: Ord. 5326, 2002)
- “Eviction” means any action taken by the landlord to remove a tenant involuntarily from a rental unit and terminate the tenancy, whether pursuant to a notice to quit, or by judicial proceedings, or otherwise.
- “Landlord” means any person, partnership, corporation, family trust or other business entity offering for rent or lease any residential property in this city.
- “Tenant” means a person entitled by a written or oral agreement or by sufferance to occupy a rental unit to the exclusion of others, and actually occupy said rental unit. (Ord. 5340 § 1, 2003: Ord. 5326, 2002)
A. The tenant has failed to pay the rent to which the landlord is entitled.
B. The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure such violation after having received written notice thereof from the landlord, other than a violation based on:
1. The obligation to surrender possession upon proper notice; or
2. The obligation to limit occupancy when the additional tenant who joins the occupants is a dependent child who joins the existing tenancy of a tenant of record or the sole additional adult tenant. The landlord has the right to approve or disapprove the prospective additional tenant, who is not a minor dependent child, provided that the approval is not unreasonably withheld.
C. The tenant is permitting to exist a nuisance in, or is causing damage to, the rental unit, or the appurtenances thereof, or to the common areas of the rental complex, or creating an unreasonable interference with the comfort, safety or enjoyment of any other residents of the rental complex within a one thousand (1,000) foot radius extended from the boundary line of the rental complex.
The term “nuisance” as used herein includes, but is not limited to, any gang-related crime, any documented activity commonly associated with illegal drug dealing, including complaints of noise, steady traffic day and night to a particular unit, barricaded units, sighting of weapons, drug loitering as defined in California Health and Safety Code Section 11532, or other drug related circumstances brought to the attention of the landlord by other tenants, persons within the community, law enforcement agencies or prosecutorial agencies. For purposes of this subdivision, gang-related crime is any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or intended victim of the crime is a known member of a gang.
D. The tenant is using, or permitting a rental unit, the common areas of the rental unit or rental complex containing the rental unit, or an area within a one thousand (1,000) foot radius from the boundary line of the rental complex, to be used for any illegal purpose.
The term “illegal purpose” as used herein, includes, but is not limited to violations of the provisions of Divisions 10 through 10.7 of the California Health and Safety Code.
E. A person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
F. The tenant has refused the landlord reasonable access to the unit for the purposes of making repairs or improvements, or for any reasonable purpose as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.
G. The landlord seeks in good faith to recover possession so as to:
1. Demolish the rental unit; or
2. Perform work on the building or buildings housing the rental unit or units; and:
a. Such work costs not less than the product of eight (8) times the amount of the monthly rent times the number of rental units upon which such work is performed. For purposes of this section, the monthly rent shall be the average of the preceding twelve (12) month period; and
b. The work necessitates the eviction of the tenant because such work will render the rentable unit uninhabitable for a period of not less than thirty (30) calendar days, except that if the landlord seeks to recover possession for the purposes of converting the rental unit into a condominium, cooperative or community apartment, the landlord must comply with the notice requirements of Government Code Section 66427.1.
H. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by:
1. A resident manager, provided that no alternative vacant unit is available for occupancy by a resident manager; except that where a building has an existing resident manager, the owner may only evict the existing resident manager in order to replace him or her with a new manager.
2. The landlord or the landlord’s spouse, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents provided the landlord is a natural person. However, a landlord may use this ground to recover possession for use and occupancy by the landlord, landlord’s spouse, child, parent, in-laws or grandparents only once for that person in each rental complex of the landlord.
3. Tenants that require an occupancy agreement and intake, case management or counseling as part of the tenancy.
I. The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use pursuant to state law.
J. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a government agency’s order to vacate, or any other order that necessitates the vacating of the building, housing or rental unit as a result of a violation of this code or the Glendale building and safety code, or any other provision of law.
K. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a contractual agreement relating to the qualifications of tenancy with a governmental entity, where the tenant is no longer qualified.
L. The tenant has continued to smoke— as defined in Section 8.52.030 of this code— in any one (1) or more of the following places, after the landlord’s verbal or written warning to stop smoking:
1. In a rental unit that the landlord had designated as a non-smoking unit; or
2. In a common area, as defined in Section 8.52.030 of this code, where smoking is prohibited under Section 8.52.080 of this code. (Ord. 5628 § 25, 2008: Ord. 5383, 2004: Ord. 5340 § 2, 2003: Ord. 5326, 2002)
9.30.032 Exemption.
A. Offering One (1) Year Written Lease. A rental unit shall be exempt from this chapter, if a landlord, willing to rent a rental unit to a tenant or prospective tenant, offers in good faith in writing to the tenant or prospective tenant a written lease which has a minimum term of one (1) year, and:
1. The tenant or prospective tenant accepts in writing the offer of a written lease which has a minimum term of one (1) year. Signing the lease will be considered an acceptance; or
2. The tenant or prospective tenant rejects the offer for a written lease either in writing, or by his or her failure to accept the offer of the lease within thirty (30) days of the offer, provided that a lease with a term of one (1) year has been offered to the tenant. The landlord and tenant or prospective tenant may then enter into a written rental agreement that provides for rental terms substantially similar to the lease which has a minimum term of one (1) year, but for a period of less than one (1) year. Every written rental agreement shall contain the following notice, in at least eight (8) point bold face type and circumscribed by a box, immediately above the space for tenant’s signature: “This rental unit is exempt from Chapter 9.30 of the Glendale Municipal Code, Just Cause Eviction, because of the landlord’s offer of a written lease which has a term of one (1) year.”
3. In the event of an existing tenant, the terms of the written lease shall be substantially similar to the then existing rental terms.
B. Rent. If the landlord and tenant enter into a written lease which has a minimum term of one (1) year, such lease must set the rent for the rental unit at a rate or rates certain and these rates shall not be otherwise modified during the term of such lease, unless agreed upon by mutual written agreement.
C. Renewal of Leases. If the landlord wishes to continue the landlord/tenant relationship, then at least ninety (90) days prior to the expiration of the written lease, the landlord shall notify those tenants identified in the lease or in a separate writing provided to the landlord of such expiration and offer in good faith in writing to the tenants a written lease which has a minimum term of one (1) year. Within thirty (30) days of receipt of such written offer, tenant shall either notify landlord in writing of his or her acceptance of the offer of a written lease, as set forth in subsection (A)(1) of this section or reject the offer. If tenant rejects the offer of a written lease which has a minimum term of one (1) year, the landlord and tenant may then enter into an agreement, oral or written, that provides for a rental term of less than one (1) year, which rental unit shall continue to be an exempt rental unit. If the landlord wishes to continue the landlord/tenant relationship, but without offering a written lease which has a minimum term of one (1) year, then that rental unit shall be subject to the provisions of this chapter.
D. Termination. If the landlord wishes to terminate the rental relationship, then at least ninety (90) days prior to the expiration of the written lease, the landlord shall notify tenant in writing of his or her intent not to renew. Such notice shall be set forth in a writing separate from the lease.
E. Good Faith. The good faith requirement in this section shall mean honestly and without fraud, collusion or deceit. It shall further mean that the written lease is not being utilized as a method of circumventing any of the provisions of this chapter. An example of good faith is when the landlord offers in writing a lease which has a minimum term of one (1) year, that lease is substantially similar to the written rental agreement for a period of less than one (1) year.
F. Notice. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the tenant may give such notice by sending a copy by certified or registered mail addressed to the agent of the landlord to whom the tenant has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.
G. Nonwaiver. Any waiver or purported waiver by a tenant of rights under this title prior to the time when such rights may be exercised, except a rejection of a one (1) year lease offered in accordance with this section, shall be void as contrary to public policy. (Ord. 5383, 2004: Ord. 5340 § 3, 2003)
A. Offering One (1) Year Written Lease. A rental unit shall be exempt from this chapter, if a landlord, willing to rent a rental unit to a tenant or prospective tenant, offers in good faith in writing to the tenant or prospective tenant a written lease which has a minimum term of one (1) year, and:
1. The tenant or prospective tenant accepts in writing the offer of a written lease which has a minimum term of one (1) year. Signing the lease will be considered an acceptance; or
2. The tenant or prospective tenant rejects the offer for a written lease either in writing, or by his or her failure to accept the offer of the lease within thirty (30) days of the offer, provided that a lease with a term of one (1) year has been offered to the tenant. The landlord and tenant or prospective tenant may then enter into a written rental agreement that provides for rental terms substantially similar to the lease which has a minimum term of one (1) year, but for a period of less than one (1) year. Every written rental agreement shall contain the following notice, in at least eight (8) point bold face type and circumscribed by a box, immediately above the space for tenant’s signature: “This rental unit is exempt from Chapter 9.30 of the Glendale Municipal Code, Just Cause Eviction, because of the landlord’s offer of a written lease which has a term of one (1) year.”
3. In the event of an existing tenant, the terms of the written lease shall be substantially similar to the then existing rental terms.
B. Rent. If the landlord and tenant enter into a written lease which has a minimum term of one (1) year, such lease must set the rent for the rental unit at a rate or rates certain and these rates shall not be otherwise modified during the term of such lease, unless agreed upon by mutual written agreement.
C. Renewal of Leases. If the landlord wishes to continue the landlord/tenant relationship, then at least ninety (90) days prior to the expiration of the written lease, the landlord shall notify those tenants identified in the lease or in a separate writing provided to the landlord of such expiration and offer in good faith in writing to the tenants a written lease which has a minimum term of one (1) year. Within thirty (30) days of receipt of such written offer, tenant shall either notify landlord in writing of his or her acceptance of the offer of a written lease, as set forth in subsection (A)(1) of this section or reject the offer. If tenant rejects the offer of a written lease which has a minimum term of one (1) year, the landlord and tenant may then enter into an agreement, oral or written, that provides for a rental term of less than one (1) year, which rental unit shall continue to be an exempt rental unit. If the landlord wishes to continue the landlord/tenant relationship, but without offering a written lease which has a minimum term of one (1) year, then that rental unit shall be subject to the provisions of this chapter.
D. Termination. If the landlord wishes to terminate the rental relationship, then at least ninety (90) days prior to the expiration of the written lease, the landlord shall notify tenant in writing of his or her intent not to renew. Such notice shall be set forth in a writing separate from the lease.
E. Good Faith. The good faith requirement in this section shall mean honestly and without fraud, collusion or deceit. It shall further mean that the written lease is not being utilized as a method of circumventing any of the provisions of this chapter. An example of good faith is when the landlord offers in writing a lease which has a minimum term of one (1) year, that lease is substantially similar to the written rental agreement for a period of less than one (1) year.
F. Notice. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the tenant may give such notice by sending a copy by certified or registered mail addressed to the agent of the landlord to whom the tenant has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.
G. Nonwaiver. Any waiver or purported waiver by a tenant of rights under this title prior to the time when such rights may be exercised, except a rejection of a one (1) year lease offered in accordance with this section, shall be void as contrary to public policy. (Ord. 5383, 2004: Ord. 5340 § 3, 2003)