| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly April 23, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1481Introduced by Assembly Member BontaFebruary 22, 2019 An act to add Section 1946.2 to the Civil Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 1481, as amended, Bonta. 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. 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, with certain exceptions, prohibit a lessor of residential property for a term not specified by the parties, from terminating the lease without just cause cause, as defined, 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. termination.This bill would require, unless the owner intends to occupy the residential property, require, for no-fault just cause terminations, as specified, that the lessor assist the lessee, lessee to relocate, regardless of the lessees 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 protection, as specified.Digest 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 property, that the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause 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, includes 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.(C) Nuisance.(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, which includes 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. habitation, as determined by a government agency that has issued an order to vacate, order to comply, or other order that necessitates vacating the residential property.(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 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)(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3)(2) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4)(3) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5)(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6)(5) 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, that further limits or specifies the allowable reasons for eviction, requires longer notice or additional procedures for evicting tenants, provides for higher relocation assistance amounts, or is determined to provide a higher level of tenant protections than this section. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 23, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1481Introduced by Assembly Member BontaFebruary 22, 2019 An act to add Section 1946.2 to the Civil Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 1481, as amended, Bonta. 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. 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, with certain exceptions, prohibit a lessor of residential property for a term not specified by the parties, from terminating the lease without just cause cause, as defined, 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. termination.This bill would require, unless the owner intends to occupy the residential property, require, for no-fault just cause terminations, as specified, that the lessor assist the lessee, lessee to relocate, regardless of the lessees 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 protection, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 23, 2019 Amended IN Assembly March 28, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly May 20, 2019 | |
| 8 | 7 | Amended IN Assembly April 23, 2019 | |
| 9 | 8 | Amended IN Assembly March 28, 2019 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill No. 1481 | |
| 14 | 13 | ||
| 15 | - | Introduced by Assembly Member | |
| 14 | + | Introduced by Assembly Member BontaFebruary 22, 2019 | |
| 16 | 15 | ||
| 17 | - | Introduced by Assembly Member | |
| 16 | + | Introduced by Assembly Member Bonta | |
| 18 | 17 | February 22, 2019 | |
| 19 | 18 | ||
| 20 | - | An act to add | |
| 19 | + | An act to add Section 1946.2 to the Civil Code, relating to housing. | |
| 21 | 20 | ||
| 22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 22 | ||
| 24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | - | AB 1481, as amended, | |
| 25 | + | AB 1481, as amended, Bonta. Tenancy termination: just cause. | |
| 27 | 26 | ||
| 28 | - | 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. 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, with certain exceptions, prohibit a lessor of residential property from terminating the lease without just cause, as defined, 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.This bill would require, for no-fault just cause terminations, as specified, that the lessor assist the lessee | |
| 27 | + | 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. 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, with certain exceptions, prohibit a lessor of residential property for a term not specified by the parties, from terminating the lease without just cause cause, as defined, 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. termination.This bill would require, unless the owner intends to occupy the residential property, require, for no-fault just cause terminations, as specified, that the lessor assist the lessee, lessee to relocate, regardless of the lessees 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 protection, as specified. | |
| 29 | 28 | ||
| 30 | 29 | 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. 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. | |
| 31 | 30 | ||
| 32 | - | This bill would, with certain exceptions, prohibit a lessor of residential property from terminating the lease without just cause, as defined, stated in the written notice to terminate. | |
| 31 | + | 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 cause, as defined, stated in the written notice to terminate. | |
| 33 | 32 | ||
| 34 | - | 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. | |
| 33 | + | 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. termination. | |
| 35 | 34 | ||
| 36 | - | This bill would require, for no-fault just cause terminations, as specified, that the lessor assist the lessee | |
| 35 | + | This bill would require, unless the owner intends to occupy the residential property, require, for no-fault just cause terminations, as specified, that the lessor assist the lessee, lessee to relocate, regardless of the lessees income, to relocate by providing a direct payment to the lessee. | |
| 37 | 36 | ||
| 38 | 37 | 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. | |
| 39 | 38 | ||
| 40 | - | This bill would not prevent local rules or ordinances that provide a higher level of tenant protection, as specified. | |
| 41 | - | ||
| 42 | - | This bill would repeal these provisions as of January 1, 2030. | |
| 39 | + | This bill would not prevent local rules or ordinances that provide a higher level of tenant protection protection, as specified. | |
| 43 | 40 | ||
| 44 | 41 | ## Digest Key | |
| 45 | 42 | ||
| 46 | 43 | ## Bill Text | |
| 47 | 44 | ||
| 48 | - | 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, that the tenant has occupied with or without a written lease agreement, | |
| 45 | + | 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 property, that the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause 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, includes 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.(C) Nuisance.(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, which includes 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. habitation, as determined by a government agency that has issued an order to vacate, order to comply, or other order that necessitates vacating the residential property.(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 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)(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3)(2) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4)(3) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5)(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6)(5) 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, that further limits or specifies the allowable reasons for eviction, requires longer notice or additional procedures for evicting tenants, provides for higher relocation assistance amounts, or is determined to provide a higher level of tenant protections than this section. | |
| 49 | 46 | ||
| 50 | 47 | The people of the State of California do enact as follows: | |
| 51 | 48 | ||
| 52 | 49 | ## The people of the State of California do enact as follows: | |
| 53 | 50 | ||
| 54 | - | 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, that the tenant has occupied with or without a written lease agreement, | |
| 51 | + | 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 property, that the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause 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, includes 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.(C) Nuisance.(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, which includes 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. habitation, as determined by a government agency that has issued an order to vacate, order to comply, or other order that necessitates vacating the residential property.(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 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)(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3)(2) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4)(3) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5)(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6)(5) 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, that further limits or specifies the allowable reasons for eviction, requires longer notice or additional procedures for evicting tenants, provides for higher relocation assistance amounts, or is determined to provide a higher level of tenant protections than this section. | |
| 55 | 52 | ||
| 56 | 53 | SECTION 1. Section 1946.2 is added to the Civil Code, to read: | |
| 57 | 54 | ||
| 58 | 55 | ### SECTION 1. | |
| 59 | 56 | ||
| 60 | - | 1946.2. (a) Notwithstanding any other law, no lessor of residential property, that the tenant has occupied with or without a written lease agreement, | |
| 57 | + | 1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which property, that the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause 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, includes 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.(C) Nuisance.(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, which includes 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. habitation, as determined by a government agency that has issued an order to vacate, order to comply, or other order that necessitates vacating the residential property.(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 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)(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3)(2) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4)(3) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5)(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6)(5) 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, that further limits or specifies the allowable reasons for eviction, requires longer notice or additional procedures for evicting tenants, provides for higher relocation assistance amounts, or is determined to provide a higher level of tenant protections than this section. | |
| 61 | 58 | ||
| 62 | - | 1946.2. (a) Notwithstanding any other law, no lessor of residential property, that the tenant has occupied with or without a written lease agreement, | |
| 59 | + | 1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which property, that the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause 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, includes 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.(C) Nuisance.(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, which includes 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. habitation, as determined by a government agency that has issued an order to vacate, order to comply, or other order that necessitates vacating the residential property.(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 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)(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3)(2) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4)(3) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5)(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6)(5) 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, that further limits or specifies the allowable reasons for eviction, requires longer notice or additional procedures for evicting tenants, provides for higher relocation assistance amounts, or is determined to provide a higher level of tenant protections than this section. | |
| 63 | 60 | ||
| 64 | - | 1946.2. (a) Notwithstanding any other law, no lessor of residential property, that the tenant has occupied with or without a written lease agreement, | |
| 61 | + | 1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which property, that the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause 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, includes 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.(C) Nuisance.(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, which includes 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. habitation, as determined by a government agency that has issued an order to vacate, order to comply, or other order that necessitates vacating the residential property.(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 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)(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.(3)(2) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.(4)(3) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.(5)(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.(6)(5) 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, that further limits or specifies the allowable reasons for eviction, requires longer notice or additional procedures for evicting tenants, provides for higher relocation assistance amounts, or is determined to provide a higher level of tenant protections than this section. | |
| 65 | 62 | ||
| 66 | 63 | ||
| 67 | 64 | ||
| 68 | - | 1946.2. (a) Notwithstanding any other law, no lessor of residential property, that the tenant has occupied with or without a written lease agreement, | |
| 65 | + | 1946.2. (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, which property, that the tenant has occupied with or without a written lease agreement, shall terminate the lease without just cause cause, which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1. | |
| 69 | 66 | ||
| 70 | 67 | (b) For purposes of this section, just cause includes either of the following: | |
| 71 | 68 | ||
| 72 | - | (1) At-fault just cause, which includes any of the following: | |
| 69 | + | (1) At-fault just cause, which includes, but is not limited to, includes any of the following: | |
| 73 | 70 | ||
| 74 | 71 | (A) Failure to pay rent. | |
| 75 | 72 | ||
| 76 | 73 | (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. | |
| 74 | + | ||
| 75 | + | (C)Nuisance, including, but not limited to, disturbing other tenants or neighbors after being issued a written notice to stop the disturbance. | |
| 76 | + | ||
| 77 | + | ||
| 77 | 78 | ||
| 78 | 79 | (C) Nuisance. | |
| 79 | 80 | ||
| 80 | 81 | (D) Waste. | |
| 81 | 82 | ||
| 82 | 83 | (E) Refusal, by the tenant to sign a new lease that is identical to the previous lease, after the previous lease expired. | |
| 83 | 84 | ||
| 84 | 85 | (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. | |
| 85 | 86 | ||
| 86 | - | (2) No-fault just cause, which includes any of the following: | |
| 87 | + | (2) No-fault just cause, including, but not limited to, which includes any of the following: | |
| 87 | 88 | ||
| 88 | 89 | (A) (i) Owner intent to occupy the residential property. | |
| 89 | 90 | ||
| 90 | 91 | (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. | |
| 91 | 92 | ||
| 93 | + | (iii)Clause (i) shall not apply if the tenant is 60 years of age or older, disabled, or catastrophically ill. | |
| 94 | + | ||
| 95 | + | ||
| 96 | + | ||
| 92 | 97 | (B) Withdrawal of the residential property from the rental market. | |
| 93 | 98 | ||
| 94 | - | (C) Unsafe habitation, as determined by a government agency that has issued an order to vacate, order to comply, or other order that necessitates vacating the residential property. | |
| 99 | + | (C) Unsafe habitation. habitation, as determined by a government agency that has issued an order to vacate, order to comply, or other order that necessitates vacating the residential property. | |
| 95 | 100 | ||
| 96 | 101 | (D) Intent to demolish or to substantially remodel. | |
| 97 | 102 | ||
| 98 | - | (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. | |
| 103 | + | (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. | |
| 99 | 104 | ||
| 100 | - | (d) 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. | |
| 101 | - | ||
| 102 | - | (1) The amount of relocation assistance shall be determined as follows: | |
| 103 | - | ||
| 104 | - | (A) If the lessee has resided in the rental property for six months or more, but less than two years, the amount shall be equal to two months rent. | |
| 105 | - | ||
| 106 | - | (B) If the lessee has resided in the rental property for two years or more, the amount shall be equal to three months rent. | |
| 107 | - | ||
| 108 | - | (2) This subdivision shall not apply to a lessor who is a natural person and who leases four or fewer single-family residences. | |
| 105 | + | (d) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if 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. | |
| 109 | 106 | ||
| 110 | 107 | (e) This section shall not apply to the following types of residential properties or residential circumstances: | |
| 111 | 108 | ||
| 109 | + | (1)Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units. | |
| 110 | + | ||
| 111 | + | ||
| 112 | + | ||
| 113 | + | (2) | |
| 114 | + | ||
| 115 | + | ||
| 116 | + | ||
| 112 | 117 | (1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940. | |
| 118 | + | ||
| 119 | + | (3) | |
| 120 | + | ||
| 121 | + | ||
| 113 | 122 | ||
| 114 | 123 | (2) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility. | |
| 115 | 124 | ||
| 125 | + | (4) | |
| 126 | + | ||
| 127 | + | ||
| 128 | + | ||
| 116 | 129 | (3) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school. | |
| 117 | 130 | ||
| 131 | + | (5) | |
| 132 | + | ||
| 133 | + | ||
| 134 | + | ||
| 118 | 135 | (4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property. | |
| 136 | + | ||
| 137 | + | (6) | |
| 138 | + | ||
| 139 | + | ||
| 119 | 140 | ||
| 120 | 141 | (5) 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. | |
| 121 | 142 | ||
| 122 | 143 | (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. | |
| 123 | 144 | ||
| 124 | - | (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 further limits or specifies the allowable reasons for eviction, requires longer notice or additional procedures for evicting tenants, provides for higher relocation assistance amounts, or is determined to provide a higher level of tenant protections than this section. | |
| 125 | - | ||
| 126 | - | (h) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. | |
| 145 | + | (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, that further limits or specifies the allowable reasons for eviction, requires longer notice or additional procedures for evicting tenants, provides for higher relocation assistance amounts, or is determined to provide a higher level of tenant protections than this section. |