-8-
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
Faciszewski, et al. v. Brown, et al., 92978-5
evict or attempt to evict any tenant, or otherwise terminate or attempt to
terminate the tenancy of any tenant unless the owner can prove in court that
just cause exists.
SMC 22.206.160(C)(l) (emphasis added). The JCEO provides an exclusive list of
circumstances that constitute just cause. !d. One such circumstance is when
[t]he owner seeks possession so that the owner or a member of his or her
immediate family may occupy the unit as that person's principal
residence ... and the owner has given the tenant at least 90 days' advance
written notice of the date the tenant's possession is to end.... "Immediate
family" includes the owner's domestic partner[,] . . . spouse, parents,
grandparents, children, brothers and sisters of the owner, of the owner's
spouse, or of the owner's domestic partner.
!d. at (C)(l)(e).
If the tenant believes the landlord "does not intend to carry out the stated
reason for eviction" and complains to the city director, the landlord must "complete
and file with the Director a certification stating [his or her] intent to carry out the
stated reason for the eviction." !d. at (C)(4). The JCEO further provides that "[t]he
failure of the owner to complete and file such a certification after a complaint by the
tenant shall be a defense for the tenant in an eviction action based on this ground."
!d. The JCEO does not specifically address what effect the filing of a certification
has on an unlawful detainer action. However, SMC 22.206.160(C)(5) provides, "In
any action commenced to evict or to otherwise terminate the tenancy of any tenant,