Chapter 6.08 TENANT PROTECTIONS

Chapter 6.08
TENANT PROTECTIONS

Sections:

6.08.030 Notice of termination of tenancy.

6.08.040 Retaliatory eviction and antiharassment.

6.08.010 Findings and purpose.

A. Findings. The city council finds and declares as follows:

1. The city has a substantial government interest in regulating the relationship between landlords and tenants in order to increase certainty, stability, and fairness within the rental market.

2. The just cause for termination of a residential tenancy under this chapter is consistent with California Civil Code Section 1946.2; and

3. This chapter, and Chapter 6.06 “Residential Rental Stabilization” (which is being adopted concurrently), are more protective than California Civil Code Section 1946.2, by further limiting the reasons for termination of a residential tenancy, providing for relocation assistance, and providing additional tenant protections that are not prohibited by any other provision of law.

4. The ordinance codified in this chapter is being adopted pursuant to the city’s police power authority to protect the public health, safety, and welfare.

B. Purpose. The purpose of this chapter is to promote neighborhood and community stability, healthy housing, and affordability for renters in Half Moon Bay by regulating arbitrary evictions to the greatest extent allowable under California law, while ensuring landlords a fair and reasonable return on their investment. (Ord. C-2024-03 §2 (Att. C), 2024).

6.08.020 Just cause evictions.

Restrictions on termination of tenancy without just cause.

A. After a tenant has continuously and lawfully occupied a residential rental unit for thirty days, the landlord shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.

1. The landlord shall post a notice on a form prescribed by the city, providing information about the existence of this chapter, including protections related to immigration or citizenship status of tenant found under California Civil Code Section 1940.35 and California Code of Civil Procedure Section 1161.4, as may be amended. Notice must be posted in a conspicuous location on the residential real property. The notice shall be written in the designated primary language and English, if the designated primary language is not English.

2. In addition to all other notice requirements specified elsewhere in this chapter, the landlord of any residential rental unit is required to provide written notice to tenants of their rights under this chapter as follows:

a. The notice required by this chapter must be on a form prescribed by the city and include the following information:

i. The existence and scope of this chapter; and

ii. The right to relocation assistance in limited circumstances pursuant to subsection (D)(2) of this section.

b. The landlord must provide tenant with the notice upon serving any notice of change in terms of tenancy.

c. The landlord must provide the notice on or before the commencement of all tenancies initiated after the effective date of this chapter.

B. For purposes of this section, “just cause” includes either of the following:

1. At-fault just cause, which is any of the following:

a. Default in the payment of rent.

b. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the California Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A “breach of a material term” shall not include:

i. The obligation to limit occupancy; provided, that the additional occupant who joins the tenant of the residential rental unit thereby exceeding the limits on occupancy set forth in the lease is:

(A) A dependent under age eighteen; or

(B) 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.

(1) The landlord shall have the right to approve or deny the prospective additional or replacement tenant, who is not a minor dependent child; provided, that the landlord does not unreasonably withhold approval. If the landlord fails to respond to the tenant in writing with a description of the reason 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 landlord if the lease is for a period of one year or less.

(2) A change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties. A landlord is not required to obtain 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 landlord is required to change the terms of the tenancy pursuant to federal, state, or local law. Nothing in this subsection shall exempt a landlord 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 paragraph (4) of Section 1161 of the California Code of Civil Procedure.

d. Committing waste as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.

e. The tenant had a written lease that terminated on or after the effective date of this chapter, and after a written request or demand from the landlord, 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.

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 subdivision (a) of Section 422 of the California Penal Code, on or off the residential rental real property, that is directed at any landlord or agent of the landlord 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 landlord 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. Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

i. Notwithstanding any contrary provision in this section, a landlord shall not take any action to terminate a tenancy based on a tenant’s sublease of the residential rental unit if all the following requirements are met:

(A) The tenant requests permission from the landlord in writing to sublease the residential rental unit;

(B) The tenant continues to reside in the residential rental unit as their primary residence;

(D) The landlord fails to respond to the tenant in writing within fourteen days of the receipt of the tenant’s written request. If the landlord fails to respond to the tenant’s written request, the request shall be deemed approved by the landlord if the lease is for a period of one year or less. A landlord’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.

(E) The tenant’s refusal to allow the landlord to enter the residential rental unit as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113.7 and 17926.1 of the California Health and Safety Code.

(F) Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.

(G) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure.

(H) When the tenant fails to deliver possession of the residential real property after providing the landlord written notice as provided in Section 1946 of the California Civil Code 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 landlord but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the California Code of Civil Procedure.

2. No-fault just cause, which includes any of the following:

a. Intent to occupy the residential rental unit by the landlord or their spouse, domestic partner, children, grandchildren, parents, or grandparents.

i. For leases entered into on or after the effective date of 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 landlord to terminate the lease if the landlord, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential rental unit for a period of at least twenty-four months, as affirmed by the landlord in a written affidavit submitted to the city. Addition of a provision allowing the landlord to terminate the lease as described in this subsection to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subsection (B)(1)(e) of this section.

b. Withdrawal of the residential rental unit from the rental market for an anticipated period of at least twenty-four months, as affirmed by the landlord in a written affidavit submitted to the city.

c. The landlord complying with any of the following:

i. An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.

ii. An order issued by a government agency or court to vacate the residential real property.

iii. A local ordinance that necessitates vacating the residential real property.

(A) 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 under subsection (B)(2)(c)(i) of this section, the tenant shall not be entitled to relocation assistance as outlined in subsection (D)(3) of this section.

d. Intent to demolish or to substantially remodel the residential real property.

i. The landlord shall provide advance notice to the tenant of the ability to reoccupy the unit 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 landlord; and

ii. In the event the landlord seeks to rent the remodeled unit within six months following the completion of the remodeling work, the evicted tenant shall have the right of first refusal to reoccupy and rent the unit, unless the landlord provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection.

iii. For purposes of this subsection, “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 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.

C. Before a landlord issues a notice to terminate a tenancy for just cause that is a curable lease violation, the landlord shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the California Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.

1. Any written notice to cease or correct must:

a. Be dated and served upon the tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended;

b. Inform the tenant that failure to cure may result in the initiation of eviction proceedings;

c. Inform the tenant of the right to request a reasonable accommodation;

d. Inform the tenant of the contact number and email address of the administrator; and

e. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction.

D.1. For a tenancy for which just cause is required to terminate the tenancy under subsection A of this section, if a landlord of a residential rental unit issues a termination notice based on a no-fault just cause described in subsection (B)(2) of this section, the landlord shall, at their option, do one of the following:

a. Assist the tenant to relocate by providing a direct payment to the tenant in the amount equal to three months rent as described below; or

b. Waive in writing the payment of rent for the final three months of the tenancy.

2. If a landlord issues a notice to terminate a tenancy for no-fault just cause, the landlord shall notify the tenant of their right to relocation assistance or rent waiver and all other rights pursuant to this section. If the landlord elects to waive the rent for the final three months of the tenancy as provided in subsection (D)(1)(b) of this section, the notice shall state the amount of rent waived and that no rent is due for the final three months of the tenancy.

3.a. The amount of relocation assistance shall be equal to three months of the tenant’s rent that was in effect when the landlord issued the notice to terminate the tenancy. Any relocation assistance shall be provided within fifteen calendar days of service of the notice.

b. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subsection shall be recoverable as damages in an action to recover possession.

c. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.

4. A landlord’s failure to strictly comply with this section shall render the notice of termination void.

E. This section shall not apply to the following types of residential real properties or residential circumstances:

1. Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the California Civil Code.

2. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the California Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the California Code of Regulations.

3. Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to twelve, inclusive, school.

4. Housing accommodations in which the tenant shares bathroom and kitchen facilities with the owner who also maintains the home as their primary residence.

F. A landlord of a residential rental unit subject to this section shall provide notice to the tenant as follows:

1. For any tenancy commenced or renewed on or after the effective date of this chapter, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.

2. For a tenancy existing prior to the effective date of this chapter, by written notice to the tenant no later than thirty days after the effective date of this chapter, or as an addendum to the lease or rental agreement.

3. The notification or lease provision shall be in no less than twelve-point type, and shall include the following:

The Half Moon Bay Municipal Code provides that after all of the tenants have continuously and lawfully occupied the property for at least thirty (30) days, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Chapter 6.08 of the Half Moon Bay Municipal Code for more information.

G. It shall be a defense to an action for possession of a residential rental unit under this section if a trier of fact determines that:

1. Both of the following provisions apply:

a. The tenant or tenant’s household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one of the following:

i. A temporary restraining order, emergency protective order, or protective order issued within the last one hundred eighty days pursuant to law that protects the tenant or a household member from domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking; or

ii. The tenant or a member of their household has filed a police report within the previous one hundred eighty days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking.

b. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the tenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police.

2. Notwithstanding this section, a landlord may terminate the tenancy if:

a. The tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or

b. The landlord reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other tenants, guests, invitees, or to a tenant’s right to quiet enjoyment and the landlord previously gave the tenant a three-day written notice to cease and correct this violation.

3. The provisions of this chapter shall not supersede any other applicable state laws relating to victims of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, as provided for in California Civil Code Section 1946.7 and California Code of Civil Procedure Sections 1161.3 and 1174.27.

H. It shall be a defense to a no fault just cause action for possession of a residential rental unit under this chapter if a person under the age of twenty-one is a resident of the subject rental unit, or has a custodial or family relationship with a tenant in the subject rental unit, and who is registered and actively attending any level of school during a specified school term.

I. Any waiver of the rights under this section shall be void as contrary to public policy. (Ord. C-2024-03 §2 (Att. C), 2024).

6.08.030 Notice of termination of tenancy.

A. When terminating a tenancy either at-fault or no-fault, a landlord must comply with each of the following:

1. The landlord must serve a written notice in accordance with California Civil Code Sections 1946 through 1946.5, to the tenant that states that, in addition to any information required by federal or state law, the landlord will terminate the tenancy, and that indicates at least one at-fault or no-fault just cause reason as provided in Section 6.08.020(B); and

2. The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the residential rental property beyond the term of the terminated tenancy in compliance with California Civil Code Sections 1945 through 1946.5; and

3. The landlord qualifies the termination as at-fault or no-fault just cause, as specified in Section 6.08.020(B); and

4. The landlord has submitted to the city, within five days after service of the notice of termination on the tenant, a true and accurate copy of the landlord’s written notice of termination, and proof of such service, signed under penalty of perjury, on the tenant, through the city’s rental registry portal. The landlord shall maintain proof of service to the city as evidence that the landlord has complied with this section.

5. The landlord must provide the notice in the language that the landlord and tenant used to negotiate the terms of the tenancy, in addition to English. (Ord. C-2024-03 §2 (Att. C), 2024).

6.08.040 Retaliatory eviction and antiharassment.

A. Retaliatory Eviction.

1. If the main intent of the landlord in terminating a tenancy or refusing to renew a tenancy is retaliatory in nature, and if the tenant is not in default as to the payment of rent, then the landlord may not terminate the tenancy or refuse to renew the tenancy or cause the tenant to quit involuntarily.

2. A tenant may assert retaliation affirmatively or as a defense to the landlord’s action regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this chapter and the alleged act of retaliation.

3. Retaliation against a tenant because of the tenant’s exercise of rights under this chapter is prohibited. Retaliation seeking to vacate a stabilized unit to establish a new stabilized rent is also prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.

B. Antiharassment. No landlord, or any person, acting as a principal or agent, offering a residential rental unit for rent, or any contractor, subcontractor or employee of the landlord shall, with respect to a residential rental unit under any lease or other tenancy or estate at will, however created, do any of the following:

1. Interrupt, terminate, or fail to provide housing services required by lease or by federal, state, county, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate California Civil Code Section 789.3.

a. “Interrupt, terminate, or fail to provide housing services” in subsection (B)(1) of this section does not include interruptions, terminations, or failure to provide housing services resulting from interruptions, outages, or terminations caused by events or actions outside of the landlord’s control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to tenants as required by a signed lease or rental agreement.

2. Take any of the following actions in bad faith:

a. Fail to perform repairs and maintenance required by lease or by federal, state, or local laws;

b. Fail to exercise due diligence in completing repairs and maintenance once commenced;

c. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts;

d. Conduct elective renovation or construction of unit for the purpose of harassing a tenant;

e. Refuse to acknowledge or accept receipt of a tenant’s lawful rent payment as set forth in a rental agreement, by usual practice of the parties, or in a notice to pay rent or quit;

f. Refuse to cash or process a check or other form of acceptable payment for over thirty days after it is tendered;

g. Fail to maintain a current address for delivery of payments;

h. Violate a tenant’s right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy;

i. Release information protected by the tenant’s right to privacy except as required or authorized by law; or

j. Request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation.

3. Abuse the right of access into residential real property as established by California Civil Code Section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; entries or demands for entry at times outside of normal business hours, unless for health and safety reasons or if the tenant agrees otherwise; entries contrary to a tenant’s reasonable request to change the date or time of entry; photographing or otherwise recording portions of a rental unit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing residential real property.

4. Influence or attempt to influence a tenant to vacate residential real property through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a tenant to the United States Department of Homeland Security.

5. Threaten the tenant, by word or gesture, with physical harm, or abuse tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications.

6. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.

7. Take action to terminate any tenancy, including service of any notice to quit or other eviction notice, or bring any action to recover possession of a rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action.

8. Remove from the rental unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to enforcement of a legal termination of tenancy.

9. Provide false written or verbal information regarding any federal, state, county, or local tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a tenant:

a. Sign a new rental agreement not in the tenant’s designated primary language if:

i. Rental agreement negotiations were conducted in the tenant’s designated primary language;

ii. The existing rental agreement is in the tenant’s designated primary language; or

iii. Landlord is otherwise aware that the new rental agreement is not in tenant’s designated primary language.

b. Enter into a rent repayment plan if the landlord states, misrepresents, suggests, or implies, that the tenant should or must do so to take advantage of tenant protection laws that do not in fact require such plans.

10. Offer payments to:

a. A tenant to vacate more than once in six months, after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate;

b. Attempt to coerce tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.

11. Communicate with tenant in a language other than tenant’s designated primary language for the purpose of intimidating, confusing, deceiving, or annoying tenant.

12. Interfere with a tenant’s right to quiet use and enjoyment of a rental unit as that right is defined by law.

13. Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy.

14. Remove a housing service for the purpose of causing the tenant to vacate the residential real property (i.e., taking away a parking space knowing that a tenant cannot find alternative parking and must move).

15. Interfere with the right of tenant(s) to organize and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their lease; or distribute and post literature informing other tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards.

16. Threatening or intimidating a tenant based on their immigration or citizenship status or otherwise disclosing a tenant’s immigration or citizenship status in violation of California Civil Code Section 1940.35(a) and California Code of Civil Procedure Section 1161.4, as may be amended. (Ord. C-2024-03 §2 (Att. C), 2024).