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Correspondence- #25
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10/04/2022 Special and Regular
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Correspondence- #25
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10/6/2022 11:31:52 AM
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10/4/2022 10:12:37 AM
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City Clerk
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12/1/2021
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EXHIBIT 2 <br />E. The tenant had a written lease that terminated on or after the <br />effective date of this Ordinance, and after a written request or <br />demand from the Owner, the tenant has refused to execute a <br />written extension or renewal of the lease for an additional term of <br />similar duration with similar provisions, provided that those terms <br />do not violate this section or any other provision of law. <br />F. Criminal activity by the tenant on the residential real property, <br />including any common areas, or any criminal activity or criminal <br />threat, as defined in subdivision (a) of Section 422 of the Penal <br />Code, on or off the residential real property, that is directed at any <br />Owner or agent of the Owner of the residential real property <br />or members of the Tenant's household or other tenants of the <br />residential real property. This at -fault, just cause provision shall <br />apply if the Owner has, within a reasonable time, reported the <br />criminal activity to law enforcement. Further, at -fault, just cause <br />eviction of a tenant under this provision shall only apply to that <br />tenant who committed the criminal activity described herein. If a <br />tenant is acquitted or found not guilty of the charges giving rise to <br />eviction, or if charges are not filed against the Tenant within the <br />applicable statute of limitations period, the Tenant shall be offered <br />the right to restore the Tenancy. <br />G. Assigning or subletting the premises in violation of the tenant's <br />lease, as described in paragraph (4) of Section 1161 of the Code <br />of Civil Procedure. <br />i. Notwithstanding any contrary provision in this section, an <br />Owner shall not take any action to terminate a Tenancy <br />based on a tenant's sublease of the residential real <br />property if all the following requirements are met: <br />I. The Tenant requests permission from the Owner in <br />writing to sublease the residential real property; <br />The Tenant continues to reside in the residential real <br />property as their primary residence; <br />III. The sublease replaces one or more departed tenants <br />under the lease on a one -for -one basis; <br />and <br />IV. The Owner fails to respond to the Tenant in writing <br />within a reasonable amount of time of the receipt <br />of the tenant's written request. If the Owner fails to <br />respond to the Tenant's written request, the <br />request shall be deemed approved by the Owner if <br />the lease is for a period of one (1) year or less. An <br />Owner's reasonable refusal of the Tenant's written <br />request may be based on, but is not limited to, the <br />ground that the total number of occupants in a <br />residential real property exceeds the maximum <br />Page 9 of 46 <br />
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