If a landlord can show any of the followin circumstances with respect to a termination of tenancy, the termination will qualify as a "For Cause Termination".
(i) Failure to Pay Rent. Tenant failed to pay rent within three (3) days of receiving written notice from the landlord demanding payment in accordance with California Code of Civil Procedure Section 1161.2 (3-Day Notice). In the case of an affected residential tenant, as defined in Section 5-40.02(a), and prior to delivery of a notice of termination for nonpayment of rent, the landlord must offer the affected residential tenant a reasonable repayment plan for the total sum of unpaid rent accruing between April 1, 2020, and the expiration of the Governor’s COVID-19 state of emergency. The repayment plan must be presented in writing and may not be for less than a twelve (12) month period beginning from the expiration of the Governor’s COVID-19 state of emergency.
(ii) Breach of Rental Contract. Tenant violated a material term of the rental agreement.
(iii) Tenant Illegal Activities. Tenant has used the unit for an illegal purpose, including but not limited to the unlawful distribution of a controlled substance as contemplated by California Civil Code Section 3486, or the unlawful use, manufacture, or possession of weapons and ammunition as contemplated by California Civil Code Section 3485.
(iv) Violations of Applicable Health and Safety Code. Tenant created or is maintaining a dangerous and unsanitary condition as described in the Emeryville Municipal Code or applicable Federal and State law, and that condition has not been promptly abated or repaired as contemplated by applicable law.
(v) Failure to Allow Landlord Access. Tenant failed to allow landlord access to the unit, after receiving due notice as required by California Civil Code Section 1954.
(vi) Tenant Rejected Written Lease Extension. Tenant failed to execute a written extension of an existing rental agreement, but only if the offered written extension is substantially and materially the same as the original rental agreement.
(vii) Tenant Violated Occupancy Restriction. Tenant failed to abide by the long-term occupancy restrictions of the rental agreement (i.e., tenant allowed long-term occupancy of the unit by one (1) or more individuals who were not previously contemplated in the rental agreement), but only when the unapproved, long-term occupants of the unit would cause the number of persons living in the unit to exceed the total of two (2) persons per bedroom in the unit plus one (1).
(viii) Landlord Returning from Sabbatical to Occupy Unit. Landlord has temporarily rented or leased the entirety of a single covered unit for up to and including one (1) year, when that covered unit qualified as an owner-occupied residence during the calendar year prior to the temporary rental and the landlord intends to return to the covered unit as his or her primary residence to re-qualify the covered unit as an owner-occupied residence for the calendar year after the conclusion of the temporary rental; if the covered unit does not qualify as an owner-occupied residence following the conclusion of the temporary rental, the tenant during the temporary rental is entitled to the right to return.
(ix) Landlord Returning from Deployment. Landlord has rented or leased the entirety of a single covered unit during the landlord’s deployment by any United States Armed Force, and once the deployment has concluded, landlord returns immediately to the covered unit as his or her residence that the landlord usually occupies for use during off-duty time.
(x) Landlord Condominium Conversion. Landlord is converting the covered unit(s) to a condominium in accordance with Article 7 (Residential Condominium Conversions) of Chapter 6 (Subdivisions) of Title 9 (Planning Regulations) and has provided the tenant(s) with the relocation assistance payment under Section 9-6.706.