9.25.040 Actions deemed not retaliatory.
(a) Notwithstanding TMC 9.25.030, a landlord may maintain an action to recover possession of the dwelling unit if:
(1) The tenant is using the dwelling unit for an illegal purpose or for a purpose which is in violation of the rental agreement or if tenant is not fulfilling a material term of their lease or for nonpayment of rent;
(2) The complaint was caused by the willful actions of the tenant, the tenant’s invitee or another person in the tenant’s household; or
(3) The landlord seeks to recover possession on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant before the tenant’s complaint.
(b) Notwithstanding TMC 9.25.030, a landlord may increase the rent if:
(1) The rent increase does not conflict with the rental agreement; and
(2) The increase is made in good faith to compensate the landlord for expenses incurred as a result of acts of God, public utility service rate increases, property tax increases or other increases in costs of operation. (Ord. 20439 § 3, 7-11-23.)