Cal. Code Regs. Tit. 25, § 7860 - Termination and Eviction

(a) A tenancy in a unit in a rental housing development may be terminated without the termination being deemed an eviction under the following circumstances:

(1) death of the sole tenant of a unit,

(2) by the tenant at the expiration of a term of occupancy,

(3) by abandonment of the premises by the tenant, or

(4) with respect to a tenant of an assisted unit by a failure to maintain financial eligibility pursuant to Section 7858, providing the sponsor gives the tenant 60 days written notice of such termination.

Any termination of a tenancy other than those listed in this subdivision shall constitute an "eviction" and shall be effected only pursuant to the remaining provisions of the section.

(b) The sponsor shall not evict any tenant in violation of California law and only upon the following grounds: material noncompliance with the lease, material failure to carry out obligations under state law, or any other good cause which may include the refusal of a family to accept an approved modified lease. "Material noncompliance with the lease" includes one or more substantial violations of the lease or habitual minor violations of the lease which:

(1) disrupt the livability of a building,

(2) adversely affect the health or safety of any person or the right of any tenant to the quiet enjoyment of the leased premises and related facilities,

(3) interfere with the management of the building, or

(4) have an adverse financial effect on the building. Rent shall be due on the first day of the rental period but will not be late until the sixth day of that period. Non-payment of rent or any other financial obligation under the lease after a three-day notice to pay rent or quit will constitute material noncompliance with the lease, but payment during such a period will constitute a minor violation.

(c) Notice of termination or eviction shall be provided to the tenant pursuant to law, except that such notice shall contain in addition to other required information, a statement of the facts constituting cause for eviction and the right of a tenant to a hearing pursuant to Section 7862 if a request for hearing is provided within the time permitted by the eviction or termination notice. If a hearing is requested within 10 days after service of a three day notice to pay rent or quit, that notice shall be operative until three days after a final decision is rendered in the hearing. No hearing shall be required if an eviction is noticed pursuant to Section 1161(4) of the Code of Civil Procedure.

(d) The procedure for eviction shall be pursuant to law, except that hearings pursuant to Section 7862 may be interposed upon timely request by the tenant.

Notes

Cal. Code Regs. Tit. 25, § 7860

1. Amendment of subsections (a) and (b) filed 11-30-80 as an emergency; effective upon filing (Register 80, No. 46). Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No. 16).

Note: Authority cited: Section 50737, Health and Safety Code. Reference: Sections 50746, 50749, 50756 and 50767, Health and Safety Code.

1. Amendment of subsections (a) and (b) filed 11-30-80 as an emergency; effective upon filing (Register 80, No. 46). Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No. 16).