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<br />Ordinance No. NS - ____ <br />Page 15 of 22 <br /> <br />1) The Owner must serve a written notice in accordance with Civil Code <br />sections 1946 through 1946.5, to the tenant that states that, in addition <br />to any information required by federal or State law, the Owner will <br />terminate the Tenancy, and that indicates at least one at-fault or no- <br />fault just cause reason as provided in section 8-1994(b); and <br /> <br />2) The Owner has not accepted and will not accept rent or any other <br />consideration in return for the continued use of the residential property <br />beyond the term of the terminated Tenancy in compliance with Civil <br />Code sections 1945 through 1946.5; and <br /> <br />3) The Owner qualifies the termination as at-fault or no-fault just cause, <br />as specified in section 8-1994(b); and <br /> <br />4) The Owner has submitted to the City, within five (5) days after service <br />of the notice of termination on the tenant, a true and accurate copy of <br />the Owner's written notice of termination, and proof of such service, <br />signed under penalty of perjury, on the tenant. The Owner shall <br />maintain proof of service to the City as evidence that the Owner has <br />complied with this section. <br /> <br />5) The Owner must provide the notice in the language that the Owner and <br />tenant used to negotiate the terms of the Tenancy, in addition to <br />English. <br /> <br />Section 8-1996 – Retaliatory Eviction and Anti-Harassment. <br /> <br />(a) Retaliatory Eviction. <br /> <br />1) If the main intent of the Owner in terminating a Tenancy or refusing to <br />renew a Tenancy is retaliatory in nature, and if the tenant is not in <br />default as to the payment of rent, then the Owner may not terminate <br />the Tenancy or refuse to renew the Tenancy or cause the tenant to quit <br />involuntarily. <br /> <br />2) A tenant may assert retaliation affirmatively or as a defense to the <br />Owner’s action regardless of the period of time which has elapsed <br />between the tenant's assertion or exercise of rights under this Article <br />and the alleged act of retaliation. <br /> <br />3) Retaliation against a tenant because of the t enant's exercise of rights <br />under this Article is prohibited. Retaliation claims may only be brought <br />in court and may not be addressed administratively. A court may <br />consider the protections afforded by this Article in evaluating a claim of <br />retaliation. <br />EXHIBIT 4