24.10.090 Unlawful detainer defined.
A tenant commits unlawful detainer if the conditions of any subsection (a) through (e) of this section are satisfied:
(a) The tenant continues to possess all or part of the premises, directly or by subtenant, after the expiration of the term for which the premises is leased to the tenant, including a month-to-month tenancy terminated by notice of nonrenewal. In the absence of a written lease specifying the term of the tenancy, the tenancy term is conclusively presumed to coincide with the payment of rent, but the term shall not be less than one month. Except as provided in YTC 24.10.130, notices to terminate a month-to-month tenancy must be given not less than 30 days before the termination date.
(b) The tenant continues in possession, directly or by subtenant, without lawful authority, after default in the payment of the rent required by the lease or rental agreement, and five days have passed since the service of a written notice. The notice must demand payment or possession, and shall state the amount which is due. The notice shall declare a forfeiture of the lease, if the landlord seeks such forfeiture. The notice must be served on the tenant and any subtenant in actual occupation of the premises. Such notice may be served at any time within six months after the rent becomes due.
(c) The tenant continues in possession, directly or by subtenant, after neglecting or failing to perform other conditions or covenants of the lease under which the premises is held, including any covenant not to assign or sublet, and, in the case of a curable breach of the lease, the tenant has had a reasonable amount of time to satisfy the conditions or covenants, not to exceed 15 days. The notice shall require the performance of such conditions or covenants. The notice shall declare a forfeiture of the lease, if the landlord seeks such forfeiture. The notice must be served on the tenant and any subtenant in actual occupation of the premises. If the conditions or covenants of the lease are satisfied within a reasonable time not to exceed 15 days, the lease is saved from forfeiture.
(d) The tenant, directly or by subtenant:
(1) Assigns, sublets, or commits waste upon the premises contrary to the conditions or covenants of the tenant’s lease; or
(2) Maintains, commits, or permits the maintenance or commission of a nuisance upon the premises; or
(3) Uses such premises for an unlawful purpose.
For purposes of this subsection, a person who illegally manufactures, possesses, or sells a controlled substance upon the premises, or uses the premises to further such purposes, shall be deemed to have committed a nuisance upon the premises. However, a nuisance is not limited to such an act. The commission by the tenant or subtenant of any of the foregoing acts listed in this subsection thereby terminates the lease, and the landlord shall, upon service of a five-day notice to quit upon the tenant, be entitled to compensation for injury or loss and immediate possession of such premises.
(e) The tenant gives written notice of the tenant’s intent to terminate occupation of the premises or makes a written offer to surrender, which is accepted in writing by the landlord, but fails to deliver possession at the time specified in such written notice or offer. [Ord. 31 § 4104, adopted, 7/12/2013.]