City Charter, Administrative Code, and Municipal Code

SEC. 151.09. EVICTIONS.

ant(s) shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance to the Department or deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid. (Added by Ord. No. 181,744, Eff. 7/15/11.) B. If the dominant intent of the landlord in seeking to recover possession of a rental unit is retaliation against the tenant for exercising the tenant’s rights under this chapter or because of the tenant’s complaint to an appropriate agency as to tenantability of a rental unit, and if the tenant is not in default as to the payment of rent, then the landlord may not recover possession of a rental unit in any action or proceeding or cause the tenant to quit involuntarily. (Amended by Ord. No. 161,865, Eff. 1/19/87.) C. In any action to recover possession of a rental unit, the landlord shall serve on the tenant a written notice setting forth the reasons for the termination. The written notice shall be as described in Civil Code Section 1946 or Code of Civil Procedure Sections 1161 and 1161a. The notice shall be given in the manner prescribed by Code of Civil Procedure Section 1162 and must also comply with the following: (Amended by Ord. No. 184,822, Eff. 4/30/17.) 1. When the termination of tenancy is based on any of the grounds set forth in Subdivisions 2. through 7. of Subsection A. of this section, the termination notice must set forth specific facts to permit a determination of the date, place, witnesses and circumstances concerning the eviction reason. (Amended by Ord. No. 184,822, Eff. 4/30/17.) 2. When the termination of tenancy is based on the grounds set forth in Subdivision 8. of Subsection A. of this Section, the landlord shall file with the Department a declaration on a form and in the number prescribed by the Department identifying the person to be moved into the rental unit, the date on which the person will move in, the rent presently charged for the rental unit, and the date of the last rental increase. This declaration shall be served on the tenant in the manner prescribed by Code of Civil Procedure Section 1162 in lieu of the notice required in Subdivision 1. of this Subsection. When filing the declaration, the landlord shall pay an administrative fee in the amount of $75.