Topic No. 208: Evictions Based on Breach of Lease Involving Material Change in Original Lease Term

The Rent Ordinance allows the landlord to evict a tenant for breach of a rental agreement or lease after the landlord gives the tenant an opportunity to cure the breach and the tenant fails to do so. However, a landlord may not evict a tenant because of the tenant's breach of a lease where the term or condition in dispute is materially different from the original lease and was unilaterally imposed by the landlord and not agreed to by the tenant. This prohibition does not apply where the breach involves a material change in the lease required by law or to protect the health, safety or quiet enjoyment of the occupants of the building or adjoining properties. In addition, the prohibition against eviction for breach of lease does not apply where the breach involves a material change in the tenant's use of a garage, storage space or common area, provided that the landlord has reduced the tenant's rent commensurately. Finally, the prohibition against eviction for breach of lease does not apply where the breach involves a material change in the terms of a tenancy that is authorized under the Rent Ordinance and/or the Rules and Regulations, such as an annual allowable rent increase.

June 2006

 

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