Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1481Introduced by Assembly Member BontaFebruary 22, 2019 An act to amend Section 1946.1 of add Section 1946.2 to the Civil Code, relating to tenancy. housing.LEGISLATIVE COUNSEL'S DIGESTAB 1481, as amended, Bonta. Tenancy. Tenancy termination: just cause.Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of that partys intention to terminate the same. terminate. Existing law requires an owner of a residential dwelling to give notice at least 60 days prior to the proposed date of termination, or at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year, as specified. Existing law requires any notice given by an owner to be given in a prescribed manner, to contain certain information, and to be formatted, as specified. This bill would make nonsubstantive changes to those provisions.This bill would, with certain exceptions, prohibit a lessor of residential property for a term not specified by the parties, from terminating the lease without just cause stated in the written notice to terminate.This bill would require, for curable violations, that the lessor give a notice of violation and an opportunity to cure the violation prior to issuing the notice of termination, unless the notice to terminate states just cause that is related to specific illegal conduct that creates the potential for harm to other tenants.This bill would require, unless the owner intends to occupy the residential property, that the lessor assist the lessee, regardless of income, to relocate by providing a direct payment to the lessee.This bill would require a lessor of residential property to provide notice to a lessee of the lessees rights under these provisions at the beginning of the tenancy by providing an addendum to the lease to be signed by the lessee when the lease agreement is signed. This bill would not prevent local rules or ordinances that provide a higher level of tenant protectionDigest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1946.2 is added to the Civil Code, to read:1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.(b) For purposes of this section, just cause includes either of the following:(1) At-fault just cause, which includes, but is not limited to, any of the following:(A) Failure to pay rent.(B) Substantial breach of a material term of the rental agreement, including, but not limited to, violation of a provision of the lease after being issued a written notice to stop the violation.(C) Nuisance, including, but not limited to, disturbing other tenants or neighbors after being issued a written notice to stop the disturbance.(D) Waste.(E) Refusal, by the tenant to sign a new lease that is identical to the previous lease, after the previous lease expired.(F) Illegal conduct, including, but not limited to, using the residential property for criminal activity. However, a charge or conviction for a crime that is unrelated to the tenancy is not at-fault just cause for termination of the hiring.(2) No-fault just cause, including, but not limited to, any of the following:(A) (i) Owner intent to occupy the residential property.(ii) Clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease agreement allows the owner to terminate the lease if the owner unilaterally decides to occupy the residential property.(iii) Clause (i) shall not apply if the tenant is 60 years of age or older, disabled, or catastrophically ill.(B) Withdrawal of the residential property from the rental market.(C) Unsafe habitation.(D) Intent to demolish or to substantially remodel.(c) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, the lessor shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.(d) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, the lessor shall assist the lessee, regardless of the lessees income, to relocate by providing a direct payment to the lessee. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property. If a lessor issues a notice to terminate tenancy for no-fault just cause, the lessor shall notify the lessee of the lessees right to relocation assistance pursuant to this section.(e) This section shall not apply to the following types of residential properties or residential circumstances:(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.(f) A lessor of residential property shall provide notice to a lessee of the lessees rights under this section at the beginning of the tenancy by providing an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.(g) This section does not prevent the enforcement of an existing local rule or ordinance, or the adoption of a local rule or ordinance, that requires just cause for termination of a residential tenancy that, when reviewed by the governing body of the city, city and county, county, or other municipality, is determined to provide a higher level of tenant protections than this section.SECTION 1.Section 1946.1 of the Civil Code is amended to read:1946.1.(a)Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of their intention to terminate the tenancy, as provided in this section.(b)An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.(c)Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.(d)Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:(1)The dwelling or unit is alienable separate from the title to any other dwelling unit.(2)The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.(3)The purchaser is a natural person or persons.(4)The notice is given no more than 120 days after the escrow has been established.(5)Notice was not previously given to the tenant pursuant to this section.(6)The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.(e)After an owner has given notice of their intention to terminate the tenancy pursuant to this section, a tenant may also give notice of their intention to terminate the tenancy pursuant to this section, provided that the tenants notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the owners proposed date of termination.(f)The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail.(g)This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.(h)Any notice given by an owner pursuant to this section shall contain, in substantially the same form, the following:State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.
Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1481Introduced by Assembly Member BontaFebruary 22, 2019 An act to amend Section 1946.1 of add Section 1946.2 to the Civil Code, relating to tenancy. housing.LEGISLATIVE COUNSEL'S DIGESTAB 1481, as amended, Bonta. Tenancy. Tenancy termination: just cause.Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of that partys intention to terminate the same. terminate. Existing law requires an owner of a residential dwelling to give notice at least 60 days prior to the proposed date of termination, or at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year, as specified. Existing law requires any notice given by an owner to be given in a prescribed manner, to contain certain information, and to be formatted, as specified. This bill would make nonsubstantive changes to those provisions.This bill would, with certain exceptions, prohibit a lessor of residential property for a term not specified by the parties, from terminating the lease without just cause stated in the written notice to terminate.This bill would require, for curable violations, that the lessor give a notice of violation and an opportunity to cure the violation prior to issuing the notice of termination, unless the notice to terminate states just cause that is related to specific illegal conduct that creates the potential for harm to other tenants.This bill would require, unless the owner intends to occupy the residential property, that the lessor assist the lessee, regardless of income, to relocate by providing a direct payment to the lessee.This bill would require a lessor of residential property to provide notice to a lessee of the lessees rights under these provisions at the beginning of the tenancy by providing an addendum to the lease to be signed by the lessee when the lease agreement is signed. This bill would not prevent local rules or ordinances that provide a higher level of tenant protectionDigest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 28, 2019
Amended IN Assembly March 28, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1481
Introduced by Assembly Member BontaFebruary 22, 2019
Introduced by Assembly Member Bonta
February 22, 2019
An act to amend Section 1946.1 of add Section 1946.2 to the Civil Code, relating to tenancy. housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1481, as amended, Bonta. Tenancy. Tenancy termination: just cause.
Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of that partys intention to terminate the same. terminate. Existing law requires an owner of a residential dwelling to give notice at least 60 days prior to the proposed date of termination, or at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year, as specified. Existing law requires any notice given by an owner to be given in a prescribed manner, to contain certain information, and to be formatted, as specified. This bill would make nonsubstantive changes to those provisions.This bill would, with certain exceptions, prohibit a lessor of residential property for a term not specified by the parties, from terminating the lease without just cause stated in the written notice to terminate.This bill would require, for curable violations, that the lessor give a notice of violation and an opportunity to cure the violation prior to issuing the notice of termination, unless the notice to terminate states just cause that is related to specific illegal conduct that creates the potential for harm to other tenants.This bill would require, unless the owner intends to occupy the residential property, that the lessor assist the lessee, regardless of income, to relocate by providing a direct payment to the lessee.This bill would require a lessor of residential property to provide notice to a lessee of the lessees rights under these provisions at the beginning of the tenancy by providing an addendum to the lease to be signed by the lessee when the lease agreement is signed. This bill would not prevent local rules or ordinances that provide a higher level of tenant protection
Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of that partys intention to terminate the same. terminate. Existing law requires an owner of a residential dwelling to give notice at least 60 days prior to the proposed date of termination, or at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year, as specified. Existing law requires any notice given by an owner to be given in a prescribed manner, to contain certain information, and to be formatted, as specified.
This bill would make nonsubstantive changes to those provisions.
This bill would, with certain exceptions, prohibit a lessor of residential property for a term not specified by the parties, from terminating the lease without just cause stated in the written notice to terminate.
This bill would require, for curable violations, that the lessor give a notice of violation and an opportunity to cure the violation prior to issuing the notice of termination, unless the notice to terminate states just cause that is related to specific illegal conduct that creates the potential for harm to other tenants.
This bill would require, unless the owner intends to occupy the residential property, that the lessor assist the lessee, regardless of income, to relocate by providing a direct payment to the lessee.
This bill would require a lessor of residential property to provide notice to a lessee of the lessees rights under these provisions at the beginning of the tenancy by providing an addendum to the lease to be signed by the lessee when the lease agreement is signed.
This bill would not prevent local rules or ordinances that provide a higher level of tenant protection
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1946.2 is added to the Civil Code, to read:1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.(b) For purposes of this section, just cause includes either of the following:(1) At-fault just cause, which includes, but is not limited to, any of the following:(A) Failure to pay rent.(B) Substantial breach of a material term of the rental agreement, including, but not limited to, violation of a provision of the lease after being issued a written notice to stop the violation.(C) Nuisance, including, but not limited to, disturbing other tenants or neighbors after being issued a written notice to stop the disturbance.(D) Waste.(E) Refusal, by the tenant to sign a new lease that is identical to the previous lease, after the previous lease expired.(F) Illegal conduct, including, but not limited to, using the residential property for criminal activity. However, a charge or conviction for a crime that is unrelated to the tenancy is not at-fault just cause for termination of the hiring.(2) No-fault just cause, including, but not limited to, any of the following:(A) (i) Owner intent to occupy the residential property.(ii) Clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease agreement allows the owner to terminate the lease if the owner unilaterally decides to occupy the residential property.(iii) Clause (i) shall not apply if the tenant is 60 years of age or older, disabled, or catastrophically ill.(B) Withdrawal of the residential property from the rental market.(C) Unsafe habitation.(D) Intent to demolish or to substantially remodel.(c) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, the lessor shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.(d) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, the lessor shall assist the lessee, regardless of the lessees income, to relocate by providing a direct payment to the lessee. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property. If a lessor issues a notice to terminate tenancy for no-fault just cause, the lessor shall notify the lessee of the lessees right to relocation assistance pursuant to this section.(e) This section shall not apply to the following types of residential properties or residential circumstances:(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.(f) A lessor of residential property shall provide notice to a lessee of the lessees rights under this section at the beginning of the tenancy by providing an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.(g) This section does not prevent the enforcement of an existing local rule or ordinance, or the adoption of a local rule or ordinance, that requires just cause for termination of a residential tenancy that, when reviewed by the governing body of the city, city and county, county, or other municipality, is determined to provide a higher level of tenant protections than this section.SECTION 1.Section 1946.1 of the Civil Code is amended to read:1946.1.(a)Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of their intention to terminate the tenancy, as provided in this section.(b)An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.(c)Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.(d)Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:(1)The dwelling or unit is alienable separate from the title to any other dwelling unit.(2)The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.(3)The purchaser is a natural person or persons.(4)The notice is given no more than 120 days after the escrow has been established.(5)Notice was not previously given to the tenant pursuant to this section.(6)The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.(e)After an owner has given notice of their intention to terminate the tenancy pursuant to this section, a tenant may also give notice of their intention to terminate the tenancy pursuant to this section, provided that the tenants notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the owners proposed date of termination.(f)The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail.(g)This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.(h)Any notice given by an owner pursuant to this section shall contain, in substantially the same form, the following:State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1946.2 is added to the Civil Code, to read:1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.(b) For purposes of this section, just cause includes either of the following:(1) At-fault just cause, which includes, but is not limited to, any of the following:(A) Failure to pay rent.(B) Substantial breach of a material term of the rental agreement, including, but not limited to, violation of a provision of the lease after being issued a written notice to stop the violation.(C) Nuisance, including, but not limited to, disturbing other tenants or neighbors after being issued a written notice to stop the disturbance.(D) Waste.(E) Refusal, by the tenant to sign a new lease that is identical to the previous lease, after the previous lease expired.(F) Illegal conduct, including, but not limited to, using the residential property for criminal activity. However, a charge or conviction for a crime that is unrelated to the tenancy is not at-fault just cause for termination of the hiring.(2) No-fault just cause, including, but not limited to, any of the following:(A) (i) Owner intent to occupy the residential property.(ii) Clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease agreement allows the owner to terminate the lease if the owner unilaterally decides to occupy the residential property.(iii) Clause (i) shall not apply if the tenant is 60 years of age or older, disabled, or catastrophically ill.(B) Withdrawal of the residential property from the rental market.(C) Unsafe habitation.(D) Intent to demolish or to substantially remodel.(c) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, the lessor shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.(d) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, the lessor shall assist the lessee, regardless of the lessees income, to relocate by providing a direct payment to the lessee. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property. If a lessor issues a notice to terminate tenancy for no-fault just cause, the lessor shall notify the lessee of the lessees right to relocation assistance pursuant to this section.(e) This section shall not apply to the following types of residential properties or residential circumstances:(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.(f) A lessor of residential property shall provide notice to a lessee of the lessees rights under this section at the beginning of the tenancy by providing an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.(g) This section does not prevent the enforcement of an existing local rule or ordinance, or the adoption of a local rule or ordinance, that requires just cause for termination of a residential tenancy that, when reviewed by the governing body of the city, city and county, county, or other municipality, is determined to provide a higher level of tenant protections than this section.
SECTION 1. Section 1946.2 is added to the Civil Code, to read:
### SECTION 1.
1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.(b) For purposes of this section, just cause includes either of the following:(1) At-fault just cause, which includes, but is not limited to, any of the following:(A) Failure to pay rent.(B) Substantial breach of a material term of the rental agreement, including, but not limited to, violation of a provision of the lease after being issued a written notice to stop the violation.(C) Nuisance, including, but not limited to, disturbing other tenants or neighbors after being issued a written notice to stop the disturbance.(D) Waste.(E) Refusal, by the tenant to sign a new lease that is identical to the previous lease, after the previous lease expired.(F) Illegal conduct, including, but not limited to, using the residential property for criminal activity. However, a charge or conviction for a crime that is unrelated to the tenancy is not at-fault just cause for termination of the hiring.(2) No-fault just cause, including, but not limited to, any of the following:(A) (i) Owner intent to occupy the residential property.(ii) Clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease agreement allows the owner to terminate the lease if the owner unilaterally decides to occupy the residential property.(iii) Clause (i) shall not apply if the tenant is 60 years of age or older, disabled, or catastrophically ill.(B) Withdrawal of the residential property from the rental market.(C) Unsafe habitation.(D) Intent to demolish or to substantially remodel.(c) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, the lessor shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.(d) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, the lessor shall assist the lessee, regardless of the lessees income, to relocate by providing a direct payment to the lessee. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property. If a lessor issues a notice to terminate tenancy for no-fault just cause, the lessor shall notify the lessee of the lessees right to relocation assistance pursuant to this section.(e) This section shall not apply to the following types of residential properties or residential circumstances:(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.(f) A lessor of residential property shall provide notice to a lessee of the lessees rights under this section at the beginning of the tenancy by providing an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.(g) This section does not prevent the enforcement of an existing local rule or ordinance, or the adoption of a local rule or ordinance, that requires just cause for termination of a residential tenancy that, when reviewed by the governing body of the city, city and county, county, or other municipality, is determined to provide a higher level of tenant protections than this section.
1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.(b) For purposes of this section, just cause includes either of the following:(1) At-fault just cause, which includes, but is not limited to, any of the following:(A) Failure to pay rent.(B) Substantial breach of a material term of the rental agreement, including, but not limited to, violation of a provision of the lease after being issued a written notice to stop the violation.(C) Nuisance, including, but not limited to, disturbing other tenants or neighbors after being issued a written notice to stop the disturbance.(D) Waste.(E) Refusal, by the tenant to sign a new lease that is identical to the previous lease, after the previous lease expired.(F) Illegal conduct, including, but not limited to, using the residential property for criminal activity. However, a charge or conviction for a crime that is unrelated to the tenancy is not at-fault just cause for termination of the hiring.(2) No-fault just cause, including, but not limited to, any of the following:(A) (i) Owner intent to occupy the residential property.(ii) Clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease agreement allows the owner to terminate the lease if the owner unilaterally decides to occupy the residential property.(iii) Clause (i) shall not apply if the tenant is 60 years of age or older, disabled, or catastrophically ill.(B) Withdrawal of the residential property from the rental market.(C) Unsafe habitation.(D) Intent to demolish or to substantially remodel.(c) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, the lessor shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.(d) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, the lessor shall assist the lessee, regardless of the lessees income, to relocate by providing a direct payment to the lessee. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property. If a lessor issues a notice to terminate tenancy for no-fault just cause, the lessor shall notify the lessee of the lessees right to relocation assistance pursuant to this section.(e) This section shall not apply to the following types of residential properties or residential circumstances:(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.(f) A lessor of residential property shall provide notice to a lessee of the lessees rights under this section at the beginning of the tenancy by providing an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.(g) This section does not prevent the enforcement of an existing local rule or ordinance, or the adoption of a local rule or ordinance, that requires just cause for termination of a residential tenancy that, when reviewed by the governing body of the city, city and county, county, or other municipality, is determined to provide a higher level of tenant protections than this section.
1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.(b) For purposes of this section, just cause includes either of the following:(1) At-fault just cause, which includes, but is not limited to, any of the following:(A) Failure to pay rent.(B) Substantial breach of a material term of the rental agreement, including, but not limited to, violation of a provision of the lease after being issued a written notice to stop the violation.(C) Nuisance, including, but not limited to, disturbing other tenants or neighbors after being issued a written notice to stop the disturbance.(D) Waste.(E) Refusal, by the tenant to sign a new lease that is identical to the previous lease, after the previous lease expired.(F) Illegal conduct, including, but not limited to, using the residential property for criminal activity. However, a charge or conviction for a crime that is unrelated to the tenancy is not at-fault just cause for termination of the hiring.(2) No-fault just cause, including, but not limited to, any of the following:(A) (i) Owner intent to occupy the residential property.(ii) Clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease agreement allows the owner to terminate the lease if the owner unilaterally decides to occupy the residential property.(iii) Clause (i) shall not apply if the tenant is 60 years of age or older, disabled, or catastrophically ill.(B) Withdrawal of the residential property from the rental market.(C) Unsafe habitation.(D) Intent to demolish or to substantially remodel.(c) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, the lessor shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.(d) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, the lessor shall assist the lessee, regardless of the lessees income, to relocate by providing a direct payment to the lessee. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property. If a lessor issues a notice to terminate tenancy for no-fault just cause, the lessor shall notify the lessee of the lessees right to relocation assistance pursuant to this section.(e) This section shall not apply to the following types of residential properties or residential circumstances:(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.(f) A lessor of residential property shall provide notice to a lessee of the lessees rights under this section at the beginning of the tenancy by providing an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.(g) This section does not prevent the enforcement of an existing local rule or ordinance, or the adoption of a local rule or ordinance, that requires just cause for termination of a residential tenancy that, when reviewed by the governing body of the city, city and county, county, or other municipality, is determined to provide a higher level of tenant protections than this section.
1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.
(b) For purposes of this section, just cause includes either of the following:
(1) At-fault just cause, which includes, but is not limited to, any of the following:
(A) Failure to pay rent.
(B) Substantial breach of a material term of the rental agreement, including, but not limited to, violation of a provision of the lease after being issued a written notice to stop the violation.
(C) Nuisance, including, but not limited to, disturbing other tenants or neighbors after being issued a written notice to stop the disturbance.
(D) Waste.
(E) Refusal, by the tenant to sign a new lease that is identical to the previous lease, after the previous lease expired.
(F) Illegal conduct, including, but not limited to, using the residential property for criminal activity. However, a charge or conviction for a crime that is unrelated to the tenancy is not at-fault just cause for termination of the hiring.
(2) No-fault just cause, including, but not limited to, any of the following:
(A) (i) Owner intent to occupy the residential property.
(ii) Clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease agreement allows the owner to terminate the lease if the owner unilaterally decides to occupy the residential property.
(iii) Clause (i) shall not apply if the tenant is 60 years of age or older, disabled, or catastrophically ill.
(B) Withdrawal of the residential property from the rental market.
(C) Unsafe habitation.
(D) Intent to demolish or to substantially remodel.
(c) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, the lessor shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.
(d) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, the lessor shall assist the lessee, regardless of the lessees income, to relocate by providing a direct payment to the lessee. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property. If a lessor issues a notice to terminate tenancy for no-fault just cause, the lessor shall notify the lessee of the lessees right to relocation assistance pursuant to this section.
(e) This section shall not apply to the following types of residential properties or residential circumstances:
(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.
(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.
(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.
(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.
(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
(f) A lessor of residential property shall provide notice to a lessee of the lessees rights under this section at the beginning of the tenancy by providing an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.
(g) This section does not prevent the enforcement of an existing local rule or ordinance, or the adoption of a local rule or ordinance, that requires just cause for termination of a residential tenancy that, when reviewed by the governing body of the city, city and county, county, or other municipality, is determined to provide a higher level of tenant protections than this section.
(a)Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of their intention to terminate the tenancy, as provided in this section.
(b)An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination. A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.
(c)Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.
(d)Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:
(1)The dwelling or unit is alienable separate from the title to any other dwelling unit.
(2)The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
(3)The purchaser is a natural person or persons.
(4)The notice is given no more than 120 days after the escrow has been established.
(5)Notice was not previously given to the tenant pursuant to this section.
(6)The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy.
(e)After an owner has given notice of their intention to terminate the tenancy pursuant to this section, a tenant may also give notice of their intention to terminate the tenancy pursuant to this section, provided that the tenants notice is for a period at least as long as the term of the periodic tenancy and the proposed date of termination occurs before the owners proposed date of termination.
(f)The notices required by this section shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail.
(g)This section may not be construed to affect the authority of a public entity that otherwise exists to regulate or monitor the basis for eviction.
(h)Any notice given by an owner pursuant to this section shall contain, in substantially the same form, the following:
State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.