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Grounds for Eviction in the City
of Los Angeles A landlord may bring an action to recover possession of a rental unit only upon one of the following grounds: 1. The tenant has failed to pay the rent to which the landlord is entitled, including amounts due under Subsection D of Section 151.05. 2. (Amended by Ord. No. 175,130, Eff. 3/31/03.) The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure the violation after having received written notice from the landlord, other than a violation based on: (a) The obligation to surrender possession upon proper notice; or (b) The obligation to limit occupancy, provided that the additional tenant who joins the occupants of the unit thereby exceeding the limits on occupancy set forth in the rental agreement is either the first or second dependent child to join the existing tenancy of a tenant of record or the sole additional adult tenant. For purposes of this section, multiple births shall be considered as one child. The landlord, however, 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; or (c) A change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties. For purposes of this section, a landlord may not unilaterally change the terms of the tenancy under Civil Code Section 827 and then evict the tenant for the violation of the added covenant unless the tenant has agreed in writing to the additional covenant. The tenant must knowingly consent, without threat or coercion, to each change in the terms of the tenancy. A landlord is not required to obtain a 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 Los Angeles Municipal Code Section 151.06, or if the landlord is required to change the terms of the tenancy pursuant to federal, state, or local law. Nothing in this paragraph shall exempt a landlord from providing legally required notice of a change in the terms of the tenancy. 3. (Amended by Ord. No. 174,974, Eff. 12/28/02.) The tenant is committing or permitting to exist a nuisance in or is causing damage to, the rental unit or to the unit’s appurtenances, or to the common areas of the complex containing the rental unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the rental complex or within a 1,000 foot radius extending from the boundary line of the rental complex. The term “nuisance” as used in this subdivision includes, but is not limited to, any gang- related crime, violent crime or threat of violent crime, illegal drug activity, any documented activity commonly associated with illegal drug dealing, such as complaints of noise, steady traffic day and night to a particular unit, barricaded units, possession of weapons, or drug loitering as defined in 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 prosecution agencies. For purposes of this subdivision, gang-related crime is any crime motivated by gang membership in which the perpetrator, victim or intended victim is a known member of a gang. Violent crime is any crime which involves a gun, a deadly weapon or serious bodily injury and for which a police report has been completed. A violent crime under this subdivision shall not include a crime that is committed against a person residing in the same rental unit as the person committing the crime. Threat of violent crime is any statement made by a tenant, or at his or her request, by his or her agent to any person who is on the premises or to the owner of the premises, or his or her agent, threatening the commission of a crime which will result in death or great bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is so unequivocal, immediate and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety. Such a threat includes any statement made verbally, in writing, or by means of an electronic communication device and regarding which a police report has been completed. A threat of violent crime under this section shall not include a crime that is committed against a person who is residing in the same rental unit as the person making the threat. “Immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity of affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. “Electronic communication device” includes but is not limited to, telephones, cellular telephones, video recorders, fax machines, or pagers. “Electronic communications” has the same meaning as the term is defined in subsection 12 of Section 2510 of Title 18 of the United States Code, except that “electronic communication” for purposes of this definition shall not be limited to electronic communication that affects interstate or foreign commerce. Illegal drug activity is a violation of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with Section 11400) of the Health and Safety Code. 4. (Amended by Ord. No. 171,442, Eff. 1/19/97.) The tenant is using, or permitting a rental unit, the common areas of the rental complex containing the rental unit, or an area within a 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 in this subdivision includes, but is not limited to, violations of any of the provisions of Chapter 6 (commencing with Section 11350) or Chapter 6.5 (commencing with section 11400) of the Health and Safety Code. 5. The tenant, who had a written lease or rental agreement which terminated on or after the effective date of this chapter, has refused, after written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration with similar provisions and in such terms as are not inconsistent with or violative of any provision of this chapter or any other provision of law. 6. The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection 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. 7. The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord. 8. (Amended by Ord. No. 166,130, Eff. 9/16/90.) The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by: a. The landlord, or the landlord’s spouse; 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 or parent only once for that person in each rental complex of the landlord; or b. 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/her with a new manager. 9. (Amended by Ord. No. 165,251, Eff. 11/20/89.) The landlord seeks in good faith to recover possession so as to: a. demolish the rental unit; or b. perform work on the building or buildings housing the rental unit or units; and (1) such work costs not less than the product of $10,000 times the number of rental units upon which such work is performed; and (2) the primary work costs not less than the product of $9,000 times the number of rental units upon which such work is performed; and (3) the primary work necessitates the eviction of the tenant because such work will render the rental unit uninhabitable for a period of not less than forty-five (45) calendar days, except that if the landlord seeks to recover possession for the purpose of converting the rental unit into a condominium, cooperative, or community apartment, the landlord must have complied with the notice requirements of Government Code Section 66427.1. 10. The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use. 11. The landlord seeks in good faith to recover possession
of the rental unit in order to comply with a governmental agency’s order to
vacate, order to comply, order to abate, or any other order that necessitates
the vacating of the building housing the rental unit as a result of a violation
of the Los Angeles Municipal Code or any other provision of law.
(Amended by Ord. No. 172,288, Eff. 12/17/98.)
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