Cal. Civ. Code § 13-40-104

(1) A
person has committed an unlawful detention of real property in the following
cases:

(a) 
When entry is made, without right or title, into any vacant or unoccupied lands
or tenements;

(b) 
When entry is made, wrongfully, into any public lands, tenements, mining
claims, or other possessions which are claimed or held by a person who may have
located, entered, or settled upon the same in conformity with the laws, rules,
and regulations of the United States, or of this state, in relation thereto;

(c) 
When any lessee or tenant at will, or at sufferance, or for any period of time,
of any nonresidential real property or residential premises described in
section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f), including a
specific or undivided portion of a building, holds over and continues in
possession of the nonresidential real property or residential premises
described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f), or
any portion thereof, after the expiration of the term for which the
nonresidential real property or residential premises described in section
38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) was leased or after the
tenancy has been terminated by either party;

(d) 
When such tenant or lessee holds over without permission of the tenant's or
lessee's landlord after any default in the payment of rent pursuant to the
agreement under which the tenant or lessee holds, and, ten days' notice in
writing has been duly served upon the tenant or lessee holding over, requiring
in the alternative the payment of the rent or the possession of the premises;
except that, for a nonresidential agreement or an employer-provided housing
agreement, three days' notice is required pursuant to this section, and for an
exempt residential agreement, five days' notice is required pursuant to this
section. No such agreement shall contain a waiver by the tenant of the notice
requirement of this subsection (1)(d). It is not necessary, in order to work a
forfeiture of such agreement for nonpayment of rent, to make a demand for such
rent on the day on which the same becomes due; but a failure to pay such rent
upon demand, when made, works a forfeiture.

(d.5) 
When such tenant or lessee holds over, without the permission of the landlord,
contrary to any condition or covenant the violation of which is defined as a
substantial violation in section 13-40-107.5, and notice in writing has been
duly served upon such tenant or lessee in accordance with section 13-40-107.5;

(e) 
When a tenant or lessee holds over without permission, contrary to any material
condition or covenant of the agreement under which the tenant or lessee holds,
and ten days' notice in writing has been duly served upon the tenant or lessee
requiring either compliance with the condition or covenant or the delivery of
the possession of the premises; except that, for a nonresidential agreement or
an employer-provided housing agreement, three days' notice is required, and for
an exempt residential agreement, five days' notice is required;

(e.5)
(I) When a tenant or lessee has previously been served with the notice
described in paragraph (e) of this subsection (1) requiring compliance with a
condition or covenant of the agreement, and subsequent to that notice holds
over, without permission of the tenant or lessee's landlord, contrary to the
same condition or covenant.

(II) A
tenancy pursuant to a residential agreement may be terminated at any time
pursuant to this subsection (1)(e.5) on the basis of a subsequent violation of
the same condition or covenant of the agreement. The termination of a
residential tenancy is effective ten days after service of written notice to
terminate tenancy. Notwithstanding any other provision of this subsection
(1)(e.5)(II), a tenancy pursuant to a nonresidential agreement, an exempt
residential agreement, or an employer-provided housing agreement may be
terminated at any time pursuant to this subsection (1)(e.5) on the basis of a
subsequent violation. The termination of a nonresidential tenancy or an
employer-provided housing tenancy is effective three days after service of
written notice to terminate tenancy, and the termination of a tenancy pursuant
to an exempt residential agreement is effective five days after service of
written notice to terminate tenancy.

(e.8) 
When a tenant holds over and maintains possession of a residential premises
after the landlord has properly initiated a no-fault eviction by satisfying the
notice requirements and other requirements associated with the no-fault
eviction, as described in section 38-12-1303 (3);

(f) 
When the property has been duly sold under any power of sale, contained in any
mortgage or trust deed that was executed by such person, or any person under
whom such person claims by title subsequent to date of the recording of such
mortgage or trust deed, and the title under such sale has been duly perfected
and the purchaser at such sale, or his or her assigns, has duly demanded the
possession thereof;

(g) 
When the property has been duly sold under the judgment or decree of any court
of competent jurisdiction and the party or privies to such judgment or decree,
after the expiration of the time of redemption when redemption is allowed by
law, refuse or neglect to surrender possession thereof after demand therefor
has been duly made by the purchaser at such sale, or his or her assigns;

(h) 
When an heir or devisee continues in possession of any premises sold and
conveyed by any personal representative with authority to sell, after demand
therefor is duly made;

(i) 
When a vendee having obtained possession under an agreement to purchase lands
or tenements, and having failed to comply with his agreement, withholds
possession thereof from his vendor, or assigns, after demand therefor is duly
made;

(j) (I) 
When a tenant or lessee holds over without permission of the landlord after the
tenant or lessee has engaged in conduct that is disturbing others or causing a
nuisance, which conduct interferes with the quiet enjoyment of the landlord, if
the landlord lives in the same or an immediately adjacent property, or of
others who reside in an immediately adjacent property, or of other tenants or
occupants of the same property, or the tenant or lessee by reason of negligence
damaged the housing accommodation, and ten days' notice in writing has been
duly served upon the tenant or lessee, which notice contains a description of
the specific conduct that disturbed others or caused a nuisance, requiring in
the alternative cessation of the conduct that is disturbing others or causing a
nuisance that interferes with the quiet enjoyment of the landlord, if the
landlord lives in the same or immediately adjacent property, or other tenants
or occupants of the same property, or maliciously or by reason of negligence damaged
the housing accommodation or possession of the premises so held; except that,
for a nonresidential agreement or an employer-provided housing agreement, three
days' notice is required pursuant to this subsection (1)(j), and for an exempt
residential agreement, five days' notice is required pursuant to this section.

(II) 
The lawful exercise by a tenant of any rights pursuant to any law or rule
relating to occupancy of a property, including this subsection (1)(j), shall
not be deemed to interfere with the quiet enjoyment of the landlord or other
tenants or other ground for eviction pursuant to this subsection (1)(j).

(III) 
Repealed.

(2) and
(3) Repealed.

(4) (a) 
It is not an unlawful detention of real property as described in subsection
(1)(d), (1)(d.5), (1)(e), (1)(e.5), or (1)(j) of this section if the tenant or
lessee is a victim-survivor of unlawful sexual behavior, stalking, domestic
violence, or domestic abuse, which unlawful sexual behavior, stalking, domestic
violence, or domestic abuse was the cause of, contributed to, or resulted in
the alleged unlawful detention and which unlawful sexual behavior, stalking,
domestic violence, or domestic abuse has been documented by at least one of the
following:

(I) A
police report;

(II) A
valid civil, criminal, or emergency protection order or restraining order
issued pursuant to article 14 or article 14.5 of this title 13 or section
18-1-1001;

(III) A
self-attestation affidavit that states the tenant is a victim-survivor of
unlawful sexual behavior, stalking, domestic violence, or domestic abuse and
that the incident of unlawful sexual behavior, stalking, domestic violence, or
domestic abuse is the cause of, contributed to, or resulted in the alleged
unlawful detention of real property described in subsection (1)(d), (1)(d.5),
(1)(e), or (1)(e.5) of this section. The self-attestation affidavit must
include the name of the party who is allegedly responsible for the unlawful
sexual behavior, stalking, domestic violence, or domestic abuse, if the name of
the party is known and if the tenant determines it is safe to provide.

(IV)
(A) A letter signed by a qualified third party, including, but not limited
to, an employee, agent, or volunteer of a victim-survivor service provider, an
attorney, a social worker, a medical professional, a faith leader, or a mental
health provider, as defined in section 38-12-401, from whom a tenant has sought
assistance relating to unlawful sexual behavior, stalking, domestic violence,
or domestic abuse. The letter must state that the qualified third party
believes that the incident of unlawful sexual behavior, stalking, domestic
violence, or domestic abuse occurred and is the cause of, contributed to, or
resulted in the alleged unlawful detention described in subsection (1)(d),
(1)(d.5), (1)(e), or (1)(e.5) of this section.

(B) If
a landlord receives documentation pursuant to this subsection (4)(a) that
contains conflicting information, the landlord may require a tenant to submit a
letter signed by a qualified third party pursuant to subsection (4)(a)(IV)(A)
of this section.

(b) A
person is not guilty of an unlawful detention of real property pursuant to
subsection (4)(a) of this section, including for nonpayment of rent, if the
tenant agrees to and remains compliant with the requirements described in
subsection (4)(e) of this section and if the alleged violation of the rental or
lease agreement was caused by or resulted from unlawful sexual behavior,
stalking, domestic violence, or domestic abuse against the tenant or lessee.

(c) A
rental, lease, or other agreement must not contain a waiver of the protections
provided in this subsection (4).

(d) 
This subsection (4) does not prevent the landlord from seeking judgment for
possession against the tenant or lessee of the premises who is responsible for
the unlawful sexual behavior, stalking, domestic violence, or domestic abuse
that was the cause of, contributed to, or resulted in the alleged unlawful
detention of real property.

(e) (I)
(A) If the tenant has been alleged to have committed unlawful detention of
real property due to nonpayment or late payment of rent and the tenant has
provided documentation pursuant to subsection (4)(a) of this section that the
tenant is a victim-survivor, the landlord shall offer the tenant a repayment
plan no later than three business days after serving a demand for unpaid rent
or no later than three business days after receiving the documentation
described in subsection (4)(a) of this section, whichever is later. Within
seven days after receipt of the repayment plan offered by the landlord, the
tenant shall accept the landlord's repayment plan or propose an alternative
repayment plan that conforms with the requirements of this subsection (4)(e).
If the tenant accepts the repayment plan and either party notifies the court by
motion, the court must vacate any previous order of judgment. If either party
notifies a court that the parties have agreed upon a repayment plan, the court
shall not enter an order of judgment for possession or for monetary damages
during the pendency of a repayment plan, except as provided in subsection
(4)(e)(I)(B) of this section. A landlord's failure to offer a repayment plan
pursuant to this subsection (4)(e)(I)(A) is an affirmative defense to an action
for unlawful detainer. A tenant's failure to accept the landlord's repayment
plan or failure to propose an alternative repayment plan within seven days
after receipt of the landlord's repayment plan is a waiver of the affirmative
defense. The repayment plan must be structured at the tenant's discretion and
must include, at a minimum, a requirement that the tenant pay the full
repayment of all lawfully owed rent and make payments on a monthly basis, and
the repayment plan must include the amount that must be paid on a monthly
basis, which must be at least twenty-five dollars per month. The repayment plan
must not exceed nine months from the date the plan is established.

(B) The
tenant shall make payments according to the repayment plan schedule. Any
payment made more than ten days after the date agreed upon for each payment
installment is untimely. If a tenant fails to make a payment or makes three or
more untimely payments, the landlord may serve, no sooner than seven days after
the payment is untimely or is not made, the tenant with a notice of default
demanding payment of all rent that remains lawfully owed. A payment that is not
made before the next monthly payment is due constitutes a failure to make a
payment. If the tenant fails to make the payment of all remaining rent within
seven days, the landlord may file a motion for judgment for possession. In an
action for judgment for possession, the tenant may assert any available
defenses for nonpayment of rent that may be applicable.

(C) A
landlord shall not charge a tenant any fees, interest, or penalties associated
with a repayment plan.

(II) If
a tenant has satisfied the documentation requirements described in subsection
(4)(a) of this section and the tenant relinquishes possession of the property,
the tenant is entitled to repay any lawfully owed rent and is entitled to any
other protections available pursuant to subsection (4)(e)(I) of this section,
and the landlord shall not pursue a claim for monetary damages unless the
tenant has failed to comply with the terms of the repayment plan.

(5) As
used in this section, unless the context otherwise requires:

(a) 
"Domestic abuse" has the same meaning as set forth in section
38-12-401.

(b) 
"Domestic violence" has the same meaning as set forth in section
38-12-401.

(c) 
"Employer-provided housing agreement" means a residential tenancy
agreement between an employee and an employer when the employer or an affiliate
of the employer acts as a landlord.

(d) 
"Exempt residential agreement" means a residential agreement leasing
a single family home by a landlord who owns five or fewer single family rental
homes and who provides notice in the agreement that a ten-day notice period
required pursuant to this section does not apply to the tenancy entered into
pursuant to the agreement.

(e) 
"Stalking" has the same meaning as set forth in section 38-12-401.

(f) 
"Unlawful sexual behavior" has the same meaning as set forth in
section 38-12-401.

(g) 
"Victim-survivor" has the same meaning as set forth in section
38-12-401.

(6) 
Repealed.