AB 668

Under current law, a tenant's tenancy may be terminated by the landlord for,

among other things, nonpayment of rent, committing waste, or breaching a covenant

or condition of the tenant's rental agreement, or if the property owner receives notice

from a law enforcement agency or the office of the district attorney that a nuisance

exists in the rental unit because the property is being used for drug-related purposes

or criminal gang-related purposes. Under this bill, a property owner may terminate

the tenancy of a residential tenant if criminal activity caused by any person takes

place in the tenant's rental unit or if criminal activity caused by the tenant, a member

of the tenant's household, or an invited guest or associate of the tenant or of a member

of the tenant's household takes place on the property owner's rental property.

Criminal activity is defined in the bill as any act or behavior that is punishable in

this state by a fine or period of imprisonment or that is a violation of an ordinance

of the county, city, village, or town in which the rental property is located.

The property owner must provide written notice to the tenant to vacate the

property on or before a date that is at least five days after the notice is given. The

notice, which does not give the tenant the right to cure the breach, must advise the

tenant of the basis for its issuance and of the tenant's right to contest the termination

of tenancy in an eviction action. If the tenant contests the termination of tenancy in

an eviction action, the property owner must prove the allegation of criminal activity

by the greater preponderance of the credible evidence. The termination of tenancy

does not relieve the tenant of any obligation, such as payment of rent, to the property

owner.

Also under the bill, if a county, city, village, or town has an ordinance regulating

nuisances, the local law enforcement agency must notify the owner or property

manager of residential rental property whenever the law enforcement agency

investigates an alleged nuisance at the residential rental property.