Amended IN Assembly April 10, 2025 Amended IN Assembly March 28, 2025 Amended IN Assembly March 05, 2025 Amended IN Assembly February 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 246Introduced by Assembly Member Bryan(Principal coauthors: Assembly Members Harabedian and McKinnor)(Principal coauthor: Senator Prez)(Coauthors: Assembly Members Elhawary, Haney, Mark Gonzlez, and Celeste Rodriguez)(Coauthors: Senators Allen and Smallwood-Cuevas)January 15, 2025An act to add and repeal Section 1947.14 of the Civil Code, amend, repeal, and add Section 798.56 of the Civil Code, to amend, repeal, and add Section 1161 of, and to add Chapter 6 (commencing with Section 1179.20) to Title 3 of Part 3 of, the Code of Civil Procedure, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 246, as amended, Bryan. Residential rent increases: County of Los Angeles.Social Security Tenant Protection Act of 2025.Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant be served a 3 days notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified. The Mobilehome Residency Law prohibits a tenancy from being terminated unless specified conditions are met, including that the tenant fails to pay rent, utility charges, or reasonable incidental service charges, and 3 days notice in writing is provided to the tenant, as specified.This bill would, until January 20, 2029, enact the Social Security Tenant Protection Act of 2025 (the Act). The Act would prohibit a court, during a declared social security benefit payment interruption, from issuing a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.The Act would define social security benefit payment interruption for purposes of these provisions to mean any disruption in the administration or disbursement of any benefit payments administered by the Social Security Administration that results in a delay of 3 or more calendar days beyond the scheduled payment disbursement date. The Act would require the Department of Finance to monitor the status of social security benefit payments, and if it determines there is a social security benefit payment interruption, to deliver notice of its determination to the Joint Legislative Budget Committee and to the Judicial Council. A declared social security benefit payment interruption under the Act begins on the day that the Joint Legislative Budget Committee receives that determination and ends when the Department of Finance delivers a determination that social security benefit payments have been restored or 6 months after the commencement of the declared interruption, whichever occurs first.The Act would also require any 3 days notice that demands payment of covered rental debt, as defined, that is served on a tenant during a declared social security benefit payment interruption to meet specified criteria, including that the notice include an unsigned copy of a declaration of social security-related financial distress and that the notice advise the tenant that the tenant will not be evicted for failure to comply with the notice if the tenant delivers a signed declaration to the landlord, as specified. The Act would deem a 3 days notice that fails to comply with this criteria void and insufficient to support a judgment for unlawful detainer or to terminate a tenancy. The Act would prohibit a tenant that delivers a declaration, under penalty of perjury, of social security-related financial distress pursuant to these provisions from being deemed in default with regard to the covered rental debt, as specified. By expanding the crime of perjury, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law, the Costa-Hawkins Rental Housing Act, among other things, authorizes an owner of residential real property to establish initial and subsequent rental rates for a dwelling or unit that meets specified conditions, subject to certain exceptions. Existing law, until January 1, 2030, prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate, as specified, for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, subject to specified conditions.This bill, notwithstanding any other law, would prohibit an owner of residential real property from increasing the rental rate for a dwelling or a unit that had a tenant in lawful possession of the residential real property on or before January 7, 2025, and is located in the County of Los Angeles by more than 3% of the rental rate charged for that dwelling or unit on January 7, 2025, subject to specified limitations and exceptions. The bill would authorize the district attorney, county counsel, or city attorney to enforce these provisions and subject a violation of these provisions to a civil penalty of not more than $10,000. The bill would remain in effect until March 1, 2026, and would be repealed as of that date.This bill would make legislative findings and declarations as to the necessity of a special statute for County of Los Angeles.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 798.56 of the Civil Code is amended to read:798.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment Except as provided for in the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.SEC. 2. Section 789.56 is added to the Civil Code, to read:789.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on January 20, 2029.SEC. 3. Section 1161 of the Code of Civil Procedure, as amended by Section 6 of Chapter 287 of the Statutes of 2024, is amended to read:1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the default in the payment of rent is based upon covered rental debt, as defined in Section 1179.21.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the neglect or failure to perform other conditions or covenants of the lease or agreement is based upon covered rental debt, as defined in Section 1179.21.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.SEC. 4. Section 1161 is added to the Code of Civil Procedure, to read:1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on January 20, 2029.SEC. 5. Chapter 6 (commencing with Section 1179.20) is added to Title 3 of Part 3 of the Code of Civil Procedure, to read: CHAPTER 6. Social Security Tenant Protection Act of 20251179.20. This chapter is known, and may be cited, as the Social Security Tenant Protection Act of 2025.1179.21. (a) Covered rental debt means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during a declared social security benefit payment interruption.(b) Declaration of social security-related financial distress means the following written statement:I am currently unable to pay my rent or other financial obligations under the lease in full because of the loss of income caused by an interruption in the payment of social security benefits.Any income that I have received since the start of the social security benefits interruption does not fully make up for my loss of income from the interruption in the payment of my social security benefits.Signed under penalty of perjury:Dated:(c) Declared social security benefit payment interruption means the period beginning on the date the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (b) of Section 1179.22 that there is a social security benefits interruption and ending on the earlier of the following:(1) The date that the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (c) of Section 1179.22 that social security benefit payments have been restored.(2) The date that is six months after the commencement of the declared social security benefit payment interruption.(d) Department means the Department of Finance.(e) Landlord includes all of the following or the agent of any of the following:(1) An owner of residential real property.(2) An owner of a residential rental unit.(3) An owner of a mobilehome park.(4) An owner of a mobilehome park space or lot.(f) Rental payment means rent or any other financial obligation of a tenant under the tenancy.(g) Social security benefit payment interruption means any disruption in the administration or disbursement of social security benefit payments that results in a delay of three or more calendar days beyond the scheduled payment disbursement date.(h) Social security benefit payments means any benefit payments administered by the Social Security Administration.(i) Social security-related financial distress means loss of income caused by a social security benefits interruption.(j) Tenant means any natural person who hires real property except any of the following:(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.1179.22. (a) The Department of Finance shall monitor the status of social security benefit payments.(b) If the department determines there is a social security benefit payment interruption, it shall deliver notice of its determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.(c) If, during a social security benefit payment interruption, the department determines that social security benefit payments have been restored, it shall deliver notice of this determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.1179.23. (a) Notwithstanding any other law, during a declared social security benefit payment interruption a court shall not issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.(b) (1) A plaintiff in an unlawful detainer action during a declared social security benefit payment interruption shall file a cover sheet in the form specified in paragraph (2) that indicates all of the following:(A) Whether the action seeks possession of residential real property.(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.(C) If the action is based, in whole or part, on an alleged default in payment of rent or other charges, whether the defendant is experiencing a loss of income due to a social security benefit payment interruption.(2) The cover sheet specified in paragraph (1) shall be in the following form:UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET1. This action seeks possession of real property that is:a. [ ] Residentialb. [ ] Commercial2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.a. [ ] Yesb. [ ] No3. (Complete only if paragraph 2(a) is checked) A defendant in this action is experiencing a loss of income due to a social security benefit payment interruption.a. [ ] Yesb. [ ] NoDate:_______________________________________________ _______________________________Type Or Print Name Signature Of Party Or Attorney For Party(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.(4) The Judicial Council shall develop a form for mandatory use that includes the information in paragraph (2).(c) This section does not prevent a court from issuing a summons or entering default in any of the following:(1) An unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.(2) An unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, but no defendant in the action receives social security benefit payments.(3) An unlawful detainer action that had a summons on a complaint issued before the commencement of the declared social security benefit payment interruption.1179.24. (a) (1) Any notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 shall be modified pursuant to this section. A notice that does not meet the requirements of this section issued during a declared social security benefit payment interruption shall not be sufficient to establish a cause of action for unlawful detainer or a basis for default judgment.(2) Any case based solely on a notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 may be dismissed if the notice was issued during a declared social security benefit payment interruption and does not meet the requirements of this section.(b) If the notice demands payment of rent that came due during a declared social security benefit payment interruption the notice shall comply with all of the following:(1) The time period in which the tenant may pay the amount due or deliver possession of the property shall be no shorter than 15 days, excluding Saturdays, Sundays, and other judicial holidays.(2) The notice shall set forth the amount of rent demanded and the date each amount became due.(3) The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of social security-related financial distress to the landlord on or before the date that the notice to pay rent or quit or notice to perform covenants or quit expires, by any of the methods specified in subdivision (d).(4) The notice shall include the following text in at least 12-point font:NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income due to a social security benefit payment interruption, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose the eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements until social security benefit payments are restored. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.For information about legal resources that may be available to you, visit lawhelpca.org.(c) An unsigned copy of a declaration of social security-related financial distress shall accompany each notice delivered to a tenant to which subdivision (b) applies. If the landlord was required, pursuant to Section 1632 of the Civil Code, to provide a translation of the rental contract or agreement in the language in which the contract or agreement was negotiated, the landlord shall also provide the unsigned copy of a declaration of social security-related financial distress to the tenant in the language in which the contract or agreement was negotiated. The Department of Housing and Community Development shall make available an official translation of the text required by paragraph (4) of subdivision (b) in the languages specified in Section 1632 of the Civil Code by no later than January 15, 2026.(d) A tenant may deliver the declaration of social security-related financial distress to the landlord by any of the following methods:(1) In person, if the landlord indicates in the notice an address at which the declaration may be delivered in person.(2) By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered.(3) Through United States mail to the address indicated by the landlord in the notice. If the landlord does not provide an address pursuant to subparagraph (1), then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord, the declaration is deemed received by the landlord on the date posted, if the tenant can show proof of mailing to the address provided by the landlord.(4) Through any of the same methods that the tenant can use to deliver the payment pursuant to the notice if delivery of the declaration by that method is possible.(e) A tenant who, within 15 days of service of the notice specified in subdivision (b), excluding Saturdays, Sundays, and other judicial holidays, demanding payment of covered rental debt delivers a declaration of social security-related financial distress to the landlord by any of the methods provided in subdivision (d) shall not then or thereafter be deemed to be in default with regard to that covered rental debt for purposes of subdivision (e) of Section 798.56 of the Civil Code or paragraphs (2) and (3) of Section 1161.(f) (1) (A) Within the time prescribed in Section 1167, a tenant shall be permitted to file a signed declaration of social security-related financial distress with the court.(B) If the tenant files a signed declaration of social security-related financial distress with the court pursuant to this subdivision, the court shall dismiss the case, pursuant to paragraph (2), if the court finds, after a noticed hearing on the matter, that the tenants failure to return a declaration of social security-related financial distress within the time required by subdivision (e) was the result of mistake, inadvertence, surprise, or excusable neglect, as those terms have been interpreted under subdivision (b) of Section 473.(C) The noticed hearing required by this paragraph shall be held with not less than 5 days notice and not more than 10 days notice, to be given by the court, and may be held separately or in conjunction with any regularly noticed hearing in the case, other than a trial.(2) If the court dismisses the case pursuant to paragraph (1), that dismissal shall be without prejudice.(3) If the court dismisses the case pursuant to this subdivision, the tenant shall not be considered the prevailing party for purposes of Section 1032, any attorneys fee provision appearing in contract or statute, or any other law.1179.25. (a) A court may not find a tenant guilty of an unlawful detainer action filed during a declared social security benefit payment interruption unless it finds that one of the following applies:(1) The tenant was guilty of the unlawful detainer before the commencement of the declared social security benefit payment interruption.(2) In response to service of a notice demanding payment of covered rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.24.(b) (1) This section does not require a landlord to assist the tenant to relocate through the payment of relocation costs if the landlord would not otherwise be required to do so pursuant to Section 1946.2 of the Civil Code or any other law.(2) A landlord who is required to assist the tenant to relocate pursuant to Section 1946.2 of the Civil Code or any other law, may offset the tenants covered rental debt against their obligation to assist the tenant to relocate.1179.26. Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the declared social security benefit payment interruption, the landlord shall not do either of the following:(a) Apply a security deposit to satisfy covered rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. This subdivision does not prohibit a landlord from applying a security deposit to satisfy covered rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.(b) Apply a monthly rental payment to any covered rental debt other than the prospective months rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.1179.27. Any provision of a stipulation, settlement agreement, or other agreement entered into on or after the effective date of this chapter, including a lease agreement, that purports to waive the provisions of this chapter is prohibited and is void as contrary to public policy.1179.28. This chapter shall remain in effect until January 20, 2029, and as of that date is repealed.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 1947.14 is added to the Civil Code, to read:1947.14.(a)Notwithstanding any other law, and except as provided in subdivision (d), an owner of residential real property shall not increase the rental rate for a dwelling or a unit that had a tenant in lawful possession of the residential real property on or before January 7, 2025, and is located in the County of Los Angeles by more than 3 percent of the rental rate charged for that dwelling or unit on January 7, 2025.(b)Notwithstanding subdivision (a), an owner of residential real property that would otherwise be subject to this section may increase the rental rate for a dwelling or a unit in accordance with a notice of rental rate increase issued on or before January 7, 2025.(c)(1)A district attorney, county counsel, or city attorney may enforce this section.(2)In addition to any other penalty allowed by law, a violation of this section shall result in a civil penalty of not more than ten thousand dollars ($10,000).(d)This section does not apply to either of the following:(1)Housing restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2)Residential real property owned or operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.(e)This section does not affect the existing authority of a local government to adopt or maintain rent controls or price controls consistent with this section.(f)This section shall remain in effect until March 1, 2026, and as of that date is repealed.SEC. 2.The Legislature finds and declares, with respect to Section 1 of this act, that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the immediate need to prevent price increases in the County of Los Angeles during the state of emergency in the Counties of Los Angeles and Ventura due to the Palisades Fire, Eaton Fire, and windstorm conditions.
Amended IN Assembly April 10, 2025 Amended IN Assembly March 28, 2025 Amended IN Assembly March 05, 2025 Amended IN Assembly February 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 246Introduced by Assembly Member Bryan(Principal coauthors: Assembly Members Harabedian and McKinnor)(Principal coauthor: Senator Prez)(Coauthors: Assembly Members Elhawary, Haney, Mark Gonzlez, and Celeste Rodriguez)(Coauthors: Senators Allen and Smallwood-Cuevas)January 15, 2025An act to add and repeal Section 1947.14 of the Civil Code, amend, repeal, and add Section 798.56 of the Civil Code, to amend, repeal, and add Section 1161 of, and to add Chapter 6 (commencing with Section 1179.20) to Title 3 of Part 3 of, the Code of Civil Procedure, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 246, as amended, Bryan. Residential rent increases: County of Los Angeles.Social Security Tenant Protection Act of 2025.Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant be served a 3 days notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified. The Mobilehome Residency Law prohibits a tenancy from being terminated unless specified conditions are met, including that the tenant fails to pay rent, utility charges, or reasonable incidental service charges, and 3 days notice in writing is provided to the tenant, as specified.This bill would, until January 20, 2029, enact the Social Security Tenant Protection Act of 2025 (the Act). The Act would prohibit a court, during a declared social security benefit payment interruption, from issuing a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.The Act would define social security benefit payment interruption for purposes of these provisions to mean any disruption in the administration or disbursement of any benefit payments administered by the Social Security Administration that results in a delay of 3 or more calendar days beyond the scheduled payment disbursement date. The Act would require the Department of Finance to monitor the status of social security benefit payments, and if it determines there is a social security benefit payment interruption, to deliver notice of its determination to the Joint Legislative Budget Committee and to the Judicial Council. A declared social security benefit payment interruption under the Act begins on the day that the Joint Legislative Budget Committee receives that determination and ends when the Department of Finance delivers a determination that social security benefit payments have been restored or 6 months after the commencement of the declared interruption, whichever occurs first.The Act would also require any 3 days notice that demands payment of covered rental debt, as defined, that is served on a tenant during a declared social security benefit payment interruption to meet specified criteria, including that the notice include an unsigned copy of a declaration of social security-related financial distress and that the notice advise the tenant that the tenant will not be evicted for failure to comply with the notice if the tenant delivers a signed declaration to the landlord, as specified. The Act would deem a 3 days notice that fails to comply with this criteria void and insufficient to support a judgment for unlawful detainer or to terminate a tenancy. The Act would prohibit a tenant that delivers a declaration, under penalty of perjury, of social security-related financial distress pursuant to these provisions from being deemed in default with regard to the covered rental debt, as specified. By expanding the crime of perjury, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law, the Costa-Hawkins Rental Housing Act, among other things, authorizes an owner of residential real property to establish initial and subsequent rental rates for a dwelling or unit that meets specified conditions, subject to certain exceptions. Existing law, until January 1, 2030, prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate, as specified, for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, subject to specified conditions.This bill, notwithstanding any other law, would prohibit an owner of residential real property from increasing the rental rate for a dwelling or a unit that had a tenant in lawful possession of the residential real property on or before January 7, 2025, and is located in the County of Los Angeles by more than 3% of the rental rate charged for that dwelling or unit on January 7, 2025, subject to specified limitations and exceptions. The bill would authorize the district attorney, county counsel, or city attorney to enforce these provisions and subject a violation of these provisions to a civil penalty of not more than $10,000. The bill would remain in effect until March 1, 2026, and would be repealed as of that date.This bill would make legislative findings and declarations as to the necessity of a special statute for County of Los Angeles.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly April 10, 2025 Amended IN Assembly March 28, 2025 Amended IN Assembly March 05, 2025 Amended IN Assembly February 24, 2025
Amended IN Assembly April 10, 2025
Amended IN Assembly March 28, 2025
Amended IN Assembly March 05, 2025
Amended IN Assembly February 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 246
Introduced by Assembly Member Bryan(Principal coauthors: Assembly Members Harabedian and McKinnor)(Principal coauthor: Senator Prez)(Coauthors: Assembly Members Elhawary, Haney, Mark Gonzlez, and Celeste Rodriguez)(Coauthors: Senators Allen and Smallwood-Cuevas)January 15, 2025
Introduced by Assembly Member Bryan(Principal coauthors: Assembly Members Harabedian and McKinnor)(Principal coauthor: Senator Prez)(Coauthors: Assembly Members Elhawary, Haney, Mark Gonzlez, and Celeste Rodriguez)(Coauthors: Senators Allen and Smallwood-Cuevas)
January 15, 2025
An act to add and repeal Section 1947.14 of the Civil Code, amend, repeal, and add Section 798.56 of the Civil Code, to amend, repeal, and add Section 1161 of, and to add Chapter 6 (commencing with Section 1179.20) to Title 3 of Part 3 of, the Code of Civil Procedure, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 246, as amended, Bryan. Residential rent increases: County of Los Angeles.Social Security Tenant Protection Act of 2025.
Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant be served a 3 days notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified. The Mobilehome Residency Law prohibits a tenancy from being terminated unless specified conditions are met, including that the tenant fails to pay rent, utility charges, or reasonable incidental service charges, and 3 days notice in writing is provided to the tenant, as specified.This bill would, until January 20, 2029, enact the Social Security Tenant Protection Act of 2025 (the Act). The Act would prohibit a court, during a declared social security benefit payment interruption, from issuing a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.The Act would define social security benefit payment interruption for purposes of these provisions to mean any disruption in the administration or disbursement of any benefit payments administered by the Social Security Administration that results in a delay of 3 or more calendar days beyond the scheduled payment disbursement date. The Act would require the Department of Finance to monitor the status of social security benefit payments, and if it determines there is a social security benefit payment interruption, to deliver notice of its determination to the Joint Legislative Budget Committee and to the Judicial Council. A declared social security benefit payment interruption under the Act begins on the day that the Joint Legislative Budget Committee receives that determination and ends when the Department of Finance delivers a determination that social security benefit payments have been restored or 6 months after the commencement of the declared interruption, whichever occurs first.The Act would also require any 3 days notice that demands payment of covered rental debt, as defined, that is served on a tenant during a declared social security benefit payment interruption to meet specified criteria, including that the notice include an unsigned copy of a declaration of social security-related financial distress and that the notice advise the tenant that the tenant will not be evicted for failure to comply with the notice if the tenant delivers a signed declaration to the landlord, as specified. The Act would deem a 3 days notice that fails to comply with this criteria void and insufficient to support a judgment for unlawful detainer or to terminate a tenancy. The Act would prohibit a tenant that delivers a declaration, under penalty of perjury, of social security-related financial distress pursuant to these provisions from being deemed in default with regard to the covered rental debt, as specified. By expanding the crime of perjury, this bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law, the Costa-Hawkins Rental Housing Act, among other things, authorizes an owner of residential real property to establish initial and subsequent rental rates for a dwelling or unit that meets specified conditions, subject to certain exceptions. Existing law, until January 1, 2030, prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate, as specified, for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, subject to specified conditions.This bill, notwithstanding any other law, would prohibit an owner of residential real property from increasing the rental rate for a dwelling or a unit that had a tenant in lawful possession of the residential real property on or before January 7, 2025, and is located in the County of Los Angeles by more than 3% of the rental rate charged for that dwelling or unit on January 7, 2025, subject to specified limitations and exceptions. The bill would authorize the district attorney, county counsel, or city attorney to enforce these provisions and subject a violation of these provisions to a civil penalty of not more than $10,000. The bill would remain in effect until March 1, 2026, and would be repealed as of that date.This bill would make legislative findings and declarations as to the necessity of a special statute for County of Los Angeles.
Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant be served a 3 days notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified. The Mobilehome Residency Law prohibits a tenancy from being terminated unless specified conditions are met, including that the tenant fails to pay rent, utility charges, or reasonable incidental service charges, and 3 days notice in writing is provided to the tenant, as specified.
This bill would, until January 20, 2029, enact the Social Security Tenant Protection Act of 2025 (the Act). The Act would prohibit a court, during a declared social security benefit payment interruption, from issuing a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.
The Act would define social security benefit payment interruption for purposes of these provisions to mean any disruption in the administration or disbursement of any benefit payments administered by the Social Security Administration that results in a delay of 3 or more calendar days beyond the scheduled payment disbursement date. The Act would require the Department of Finance to monitor the status of social security benefit payments, and if it determines there is a social security benefit payment interruption, to deliver notice of its determination to the Joint Legislative Budget Committee and to the Judicial Council. A declared social security benefit payment interruption under the Act begins on the day that the Joint Legislative Budget Committee receives that determination and ends when the Department of Finance delivers a determination that social security benefit payments have been restored or 6 months after the commencement of the declared interruption, whichever occurs first.
The Act would also require any 3 days notice that demands payment of covered rental debt, as defined, that is served on a tenant during a declared social security benefit payment interruption to meet specified criteria, including that the notice include an unsigned copy of a declaration of social security-related financial distress and that the notice advise the tenant that the tenant will not be evicted for failure to comply with the notice if the tenant delivers a signed declaration to the landlord, as specified. The Act would deem a 3 days notice that fails to comply with this criteria void and insufficient to support a judgment for unlawful detainer or to terminate a tenancy. The Act would prohibit a tenant that delivers a declaration, under penalty of perjury, of social security-related financial distress pursuant to these provisions from being deemed in default with regard to the covered rental debt, as specified. By expanding the crime of perjury, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Costa-Hawkins Rental Housing Act, among other things, authorizes an owner of residential real property to establish initial and subsequent rental rates for a dwelling or unit that meets specified conditions, subject to certain exceptions. Existing law, until January 1, 2030, prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate, as specified, for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, subject to specified conditions.
This bill, notwithstanding any other law, would prohibit an owner of residential real property from increasing the rental rate for a dwelling or a unit that had a tenant in lawful possession of the residential real property on or before January 7, 2025, and is located in the County of Los Angeles by more than 3% of the rental rate charged for that dwelling or unit on January 7, 2025, subject to specified limitations and exceptions. The bill would authorize the district attorney, county counsel, or city attorney to enforce these provisions and subject a violation of these provisions to a civil penalty of not more than $10,000. The bill would remain in effect until March 1, 2026, and would be repealed as of that date.
This bill would make legislative findings and declarations as to the necessity of a special statute for County of Los Angeles.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 798.56 of the Civil Code is amended to read:798.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment Except as provided for in the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.SEC. 2. Section 789.56 is added to the Civil Code, to read:789.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on January 20, 2029.SEC. 3. Section 1161 of the Code of Civil Procedure, as amended by Section 6 of Chapter 287 of the Statutes of 2024, is amended to read:1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the default in the payment of rent is based upon covered rental debt, as defined in Section 1179.21.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the neglect or failure to perform other conditions or covenants of the lease or agreement is based upon covered rental debt, as defined in Section 1179.21.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.SEC. 4. Section 1161 is added to the Code of Civil Procedure, to read:1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on January 20, 2029.SEC. 5. Chapter 6 (commencing with Section 1179.20) is added to Title 3 of Part 3 of the Code of Civil Procedure, to read: CHAPTER 6. Social Security Tenant Protection Act of 20251179.20. This chapter is known, and may be cited, as the Social Security Tenant Protection Act of 2025.1179.21. (a) Covered rental debt means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during a declared social security benefit payment interruption.(b) Declaration of social security-related financial distress means the following written statement:I am currently unable to pay my rent or other financial obligations under the lease in full because of the loss of income caused by an interruption in the payment of social security benefits.Any income that I have received since the start of the social security benefits interruption does not fully make up for my loss of income from the interruption in the payment of my social security benefits.Signed under penalty of perjury:Dated:(c) Declared social security benefit payment interruption means the period beginning on the date the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (b) of Section 1179.22 that there is a social security benefits interruption and ending on the earlier of the following:(1) The date that the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (c) of Section 1179.22 that social security benefit payments have been restored.(2) The date that is six months after the commencement of the declared social security benefit payment interruption.(d) Department means the Department of Finance.(e) Landlord includes all of the following or the agent of any of the following:(1) An owner of residential real property.(2) An owner of a residential rental unit.(3) An owner of a mobilehome park.(4) An owner of a mobilehome park space or lot.(f) Rental payment means rent or any other financial obligation of a tenant under the tenancy.(g) Social security benefit payment interruption means any disruption in the administration or disbursement of social security benefit payments that results in a delay of three or more calendar days beyond the scheduled payment disbursement date.(h) Social security benefit payments means any benefit payments administered by the Social Security Administration.(i) Social security-related financial distress means loss of income caused by a social security benefits interruption.(j) Tenant means any natural person who hires real property except any of the following:(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.1179.22. (a) The Department of Finance shall monitor the status of social security benefit payments.(b) If the department determines there is a social security benefit payment interruption, it shall deliver notice of its determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.(c) If, during a social security benefit payment interruption, the department determines that social security benefit payments have been restored, it shall deliver notice of this determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.1179.23. (a) Notwithstanding any other law, during a declared social security benefit payment interruption a court shall not issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.(b) (1) A plaintiff in an unlawful detainer action during a declared social security benefit payment interruption shall file a cover sheet in the form specified in paragraph (2) that indicates all of the following:(A) Whether the action seeks possession of residential real property.(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.(C) If the action is based, in whole or part, on an alleged default in payment of rent or other charges, whether the defendant is experiencing a loss of income due to a social security benefit payment interruption.(2) The cover sheet specified in paragraph (1) shall be in the following form:UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET1. This action seeks possession of real property that is:a. [ ] Residentialb. [ ] Commercial2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.a. [ ] Yesb. [ ] No3. (Complete only if paragraph 2(a) is checked) A defendant in this action is experiencing a loss of income due to a social security benefit payment interruption.a. [ ] Yesb. [ ] NoDate:_______________________________________________ _______________________________Type Or Print Name Signature Of Party Or Attorney For Party(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.(4) The Judicial Council shall develop a form for mandatory use that includes the information in paragraph (2).(c) This section does not prevent a court from issuing a summons or entering default in any of the following:(1) An unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.(2) An unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, but no defendant in the action receives social security benefit payments.(3) An unlawful detainer action that had a summons on a complaint issued before the commencement of the declared social security benefit payment interruption.1179.24. (a) (1) Any notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 shall be modified pursuant to this section. A notice that does not meet the requirements of this section issued during a declared social security benefit payment interruption shall not be sufficient to establish a cause of action for unlawful detainer or a basis for default judgment.(2) Any case based solely on a notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 may be dismissed if the notice was issued during a declared social security benefit payment interruption and does not meet the requirements of this section.(b) If the notice demands payment of rent that came due during a declared social security benefit payment interruption the notice shall comply with all of the following:(1) The time period in which the tenant may pay the amount due or deliver possession of the property shall be no shorter than 15 days, excluding Saturdays, Sundays, and other judicial holidays.(2) The notice shall set forth the amount of rent demanded and the date each amount became due.(3) The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of social security-related financial distress to the landlord on or before the date that the notice to pay rent or quit or notice to perform covenants or quit expires, by any of the methods specified in subdivision (d).(4) The notice shall include the following text in at least 12-point font:NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income due to a social security benefit payment interruption, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose the eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements until social security benefit payments are restored. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.For information about legal resources that may be available to you, visit lawhelpca.org.(c) An unsigned copy of a declaration of social security-related financial distress shall accompany each notice delivered to a tenant to which subdivision (b) applies. If the landlord was required, pursuant to Section 1632 of the Civil Code, to provide a translation of the rental contract or agreement in the language in which the contract or agreement was negotiated, the landlord shall also provide the unsigned copy of a declaration of social security-related financial distress to the tenant in the language in which the contract or agreement was negotiated. The Department of Housing and Community Development shall make available an official translation of the text required by paragraph (4) of subdivision (b) in the languages specified in Section 1632 of the Civil Code by no later than January 15, 2026.(d) A tenant may deliver the declaration of social security-related financial distress to the landlord by any of the following methods:(1) In person, if the landlord indicates in the notice an address at which the declaration may be delivered in person.(2) By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered.(3) Through United States mail to the address indicated by the landlord in the notice. If the landlord does not provide an address pursuant to subparagraph (1), then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord, the declaration is deemed received by the landlord on the date posted, if the tenant can show proof of mailing to the address provided by the landlord.(4) Through any of the same methods that the tenant can use to deliver the payment pursuant to the notice if delivery of the declaration by that method is possible.(e) A tenant who, within 15 days of service of the notice specified in subdivision (b), excluding Saturdays, Sundays, and other judicial holidays, demanding payment of covered rental debt delivers a declaration of social security-related financial distress to the landlord by any of the methods provided in subdivision (d) shall not then or thereafter be deemed to be in default with regard to that covered rental debt for purposes of subdivision (e) of Section 798.56 of the Civil Code or paragraphs (2) and (3) of Section 1161.(f) (1) (A) Within the time prescribed in Section 1167, a tenant shall be permitted to file a signed declaration of social security-related financial distress with the court.(B) If the tenant files a signed declaration of social security-related financial distress with the court pursuant to this subdivision, the court shall dismiss the case, pursuant to paragraph (2), if the court finds, after a noticed hearing on the matter, that the tenants failure to return a declaration of social security-related financial distress within the time required by subdivision (e) was the result of mistake, inadvertence, surprise, or excusable neglect, as those terms have been interpreted under subdivision (b) of Section 473.(C) The noticed hearing required by this paragraph shall be held with not less than 5 days notice and not more than 10 days notice, to be given by the court, and may be held separately or in conjunction with any regularly noticed hearing in the case, other than a trial.(2) If the court dismisses the case pursuant to paragraph (1), that dismissal shall be without prejudice.(3) If the court dismisses the case pursuant to this subdivision, the tenant shall not be considered the prevailing party for purposes of Section 1032, any attorneys fee provision appearing in contract or statute, or any other law.1179.25. (a) A court may not find a tenant guilty of an unlawful detainer action filed during a declared social security benefit payment interruption unless it finds that one of the following applies:(1) The tenant was guilty of the unlawful detainer before the commencement of the declared social security benefit payment interruption.(2) In response to service of a notice demanding payment of covered rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.24.(b) (1) This section does not require a landlord to assist the tenant to relocate through the payment of relocation costs if the landlord would not otherwise be required to do so pursuant to Section 1946.2 of the Civil Code or any other law.(2) A landlord who is required to assist the tenant to relocate pursuant to Section 1946.2 of the Civil Code or any other law, may offset the tenants covered rental debt against their obligation to assist the tenant to relocate.1179.26. Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the declared social security benefit payment interruption, the landlord shall not do either of the following:(a) Apply a security deposit to satisfy covered rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. This subdivision does not prohibit a landlord from applying a security deposit to satisfy covered rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.(b) Apply a monthly rental payment to any covered rental debt other than the prospective months rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.1179.27. Any provision of a stipulation, settlement agreement, or other agreement entered into on or after the effective date of this chapter, including a lease agreement, that purports to waive the provisions of this chapter is prohibited and is void as contrary to public policy.1179.28. This chapter shall remain in effect until January 20, 2029, and as of that date is repealed.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 1947.14 is added to the Civil Code, to read:1947.14.(a)Notwithstanding any other law, and except as provided in subdivision (d), an owner of residential real property shall not increase the rental rate for a dwelling or a unit that had a tenant in lawful possession of the residential real property on or before January 7, 2025, and is located in the County of Los Angeles by more than 3 percent of the rental rate charged for that dwelling or unit on January 7, 2025.(b)Notwithstanding subdivision (a), an owner of residential real property that would otherwise be subject to this section may increase the rental rate for a dwelling or a unit in accordance with a notice of rental rate increase issued on or before January 7, 2025.(c)(1)A district attorney, county counsel, or city attorney may enforce this section.(2)In addition to any other penalty allowed by law, a violation of this section shall result in a civil penalty of not more than ten thousand dollars ($10,000).(d)This section does not apply to either of the following:(1)Housing restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2)Residential real property owned or operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.(e)This section does not affect the existing authority of a local government to adopt or maintain rent controls or price controls consistent with this section.(f)This section shall remain in effect until March 1, 2026, and as of that date is repealed.SEC. 2.The Legislature finds and declares, with respect to Section 1 of this act, that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the immediate need to prevent price increases in the County of Los Angeles during the state of emergency in the Counties of Los Angeles and Ventura due to the Palisades Fire, Eaton Fire, and windstorm conditions.
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 798.56 of the Civil Code is amended to read:798.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment Except as provided for in the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
SECTION 1. Section 798.56 of the Civil Code is amended to read:
### SECTION 1.
798.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment Except as provided for in the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
798.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment Except as provided for in the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
798.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment Except as provided for in the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
798.56. A tenancy shall be terminated by the management only for one or more of the following reasons:
(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e) (1) Nonpayment Except as provided for in the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.
(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof, provided:
(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k) This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
SEC. 2. Section 789.56 is added to the Civil Code, to read:789.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on January 20, 2029.
SEC. 2. Section 789.56 is added to the Civil Code, to read:
### SEC. 2.
789.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on January 20, 2029.
789.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on January 20, 2029.
789.56. A tenancy shall be terminated by the management only for one or more of the following reasons:(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.(f) Condemnation of the park.(g) Change of use of the park or any portion thereof, provided:(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.(k) This section shall become operative on January 20, 2029.
789.56. A tenancy shall be terminated by the management only for one or more of the following reasons:
(a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c) (1) Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2) However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e) (1) Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.
(2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6) When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C) The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof, provided:
(1) The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2) (A) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B) If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3) The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
(5) A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i) A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(j) For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k) This section shall become operative on January 20, 2029.
SEC. 3. Section 1161 of the Code of Civil Procedure, as amended by Section 6 of Chapter 287 of the Statutes of 2024, is amended to read:1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the default in the payment of rent is based upon covered rental debt, as defined in Section 1179.21.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the neglect or failure to perform other conditions or covenants of the lease or agreement is based upon covered rental debt, as defined in Section 1179.21.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
SEC. 3. Section 1161 of the Code of Civil Procedure, as amended by Section 6 of Chapter 287 of the Statutes of 2024, is amended to read:
### SEC. 3.
1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the default in the payment of rent is based upon covered rental debt, as defined in Section 1179.21.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the neglect or failure to perform other conditions or covenants of the lease or agreement is based upon covered rental debt, as defined in Section 1179.21.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the default in the payment of rent is based upon covered rental debt, as defined in Section 1179.21.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the neglect or failure to perform other conditions or covenants of the lease or agreement is based upon covered rental debt, as defined in Section 1179.21.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the default in the payment of rent is based upon covered rental debt, as defined in Section 1179.21.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the neglect or failure to perform other conditions or covenants of the lease or agreement is based upon covered rental debt, as defined in Section 1179.21.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:
1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.
2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.
The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.
An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the default in the payment of rent is based upon covered rental debt, as defined in Section 1179.21.
3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.
An unlawful detainer action under this paragraph shall be subject to the Social Security Tenant Protection Act of 2025 (Chapter 6 (commencing with Section 1179.20)) if the neglect or failure to perform other conditions or covenants of the lease or agreement is based upon covered rental debt, as defined in Section 1179.21.
4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.
5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.
6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.
7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.
8. This section shall become operative on February 1, 2025. remain in effect until January 20, 2029, and as of that date is repealed.
SEC. 4. Section 1161 is added to the Code of Civil Procedure, to read:1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on January 20, 2029.
SEC. 4. Section 1161 is added to the Code of Civil Procedure, to read:
### SEC. 4.
1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on January 20, 2029.
1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on January 20, 2029.
1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.8. This section shall become operative on January 20, 2029.
1161. A tenant of real property, for a term less than life, or the executor or administrator of the tenants estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:
1. When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.
2. When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.
The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.
3. When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that persons unlawful detention of the premises underlet to or held by that person.
4. Any tenant, subtenant, or executor or administrator of that persons estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlords successor in estate, shall upon service of three days notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.
5. When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenants intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.
6. A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.
7. As used in this section, tenant includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.
8. This section shall become operative on January 20, 2029.
SEC. 5. Chapter 6 (commencing with Section 1179.20) is added to Title 3 of Part 3 of the Code of Civil Procedure, to read: CHAPTER 6. Social Security Tenant Protection Act of 20251179.20. This chapter is known, and may be cited, as the Social Security Tenant Protection Act of 2025.1179.21. (a) Covered rental debt means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during a declared social security benefit payment interruption.(b) Declaration of social security-related financial distress means the following written statement:I am currently unable to pay my rent or other financial obligations under the lease in full because of the loss of income caused by an interruption in the payment of social security benefits.Any income that I have received since the start of the social security benefits interruption does not fully make up for my loss of income from the interruption in the payment of my social security benefits.Signed under penalty of perjury:Dated:(c) Declared social security benefit payment interruption means the period beginning on the date the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (b) of Section 1179.22 that there is a social security benefits interruption and ending on the earlier of the following:(1) The date that the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (c) of Section 1179.22 that social security benefit payments have been restored.(2) The date that is six months after the commencement of the declared social security benefit payment interruption.(d) Department means the Department of Finance.(e) Landlord includes all of the following or the agent of any of the following:(1) An owner of residential real property.(2) An owner of a residential rental unit.(3) An owner of a mobilehome park.(4) An owner of a mobilehome park space or lot.(f) Rental payment means rent or any other financial obligation of a tenant under the tenancy.(g) Social security benefit payment interruption means any disruption in the administration or disbursement of social security benefit payments that results in a delay of three or more calendar days beyond the scheduled payment disbursement date.(h) Social security benefit payments means any benefit payments administered by the Social Security Administration.(i) Social security-related financial distress means loss of income caused by a social security benefits interruption.(j) Tenant means any natural person who hires real property except any of the following:(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.1179.22. (a) The Department of Finance shall monitor the status of social security benefit payments.(b) If the department determines there is a social security benefit payment interruption, it shall deliver notice of its determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.(c) If, during a social security benefit payment interruption, the department determines that social security benefit payments have been restored, it shall deliver notice of this determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.1179.23. (a) Notwithstanding any other law, during a declared social security benefit payment interruption a court shall not issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.(b) (1) A plaintiff in an unlawful detainer action during a declared social security benefit payment interruption shall file a cover sheet in the form specified in paragraph (2) that indicates all of the following:(A) Whether the action seeks possession of residential real property.(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.(C) If the action is based, in whole or part, on an alleged default in payment of rent or other charges, whether the defendant is experiencing a loss of income due to a social security benefit payment interruption.(2) The cover sheet specified in paragraph (1) shall be in the following form:UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET1. This action seeks possession of real property that is:a. [ ] Residentialb. [ ] Commercial2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.a. [ ] Yesb. [ ] No3. (Complete only if paragraph 2(a) is checked) A defendant in this action is experiencing a loss of income due to a social security benefit payment interruption.a. [ ] Yesb. [ ] NoDate:_______________________________________________ _______________________________Type Or Print Name Signature Of Party Or Attorney For Party(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.(4) The Judicial Council shall develop a form for mandatory use that includes the information in paragraph (2).(c) This section does not prevent a court from issuing a summons or entering default in any of the following:(1) An unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.(2) An unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, but no defendant in the action receives social security benefit payments.(3) An unlawful detainer action that had a summons on a complaint issued before the commencement of the declared social security benefit payment interruption.1179.24. (a) (1) Any notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 shall be modified pursuant to this section. A notice that does not meet the requirements of this section issued during a declared social security benefit payment interruption shall not be sufficient to establish a cause of action for unlawful detainer or a basis for default judgment.(2) Any case based solely on a notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 may be dismissed if the notice was issued during a declared social security benefit payment interruption and does not meet the requirements of this section.(b) If the notice demands payment of rent that came due during a declared social security benefit payment interruption the notice shall comply with all of the following:(1) The time period in which the tenant may pay the amount due or deliver possession of the property shall be no shorter than 15 days, excluding Saturdays, Sundays, and other judicial holidays.(2) The notice shall set forth the amount of rent demanded and the date each amount became due.(3) The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of social security-related financial distress to the landlord on or before the date that the notice to pay rent or quit or notice to perform covenants or quit expires, by any of the methods specified in subdivision (d).(4) The notice shall include the following text in at least 12-point font:NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income due to a social security benefit payment interruption, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose the eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements until social security benefit payments are restored. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.For information about legal resources that may be available to you, visit lawhelpca.org.(c) An unsigned copy of a declaration of social security-related financial distress shall accompany each notice delivered to a tenant to which subdivision (b) applies. If the landlord was required, pursuant to Section 1632 of the Civil Code, to provide a translation of the rental contract or agreement in the language in which the contract or agreement was negotiated, the landlord shall also provide the unsigned copy of a declaration of social security-related financial distress to the tenant in the language in which the contract or agreement was negotiated. The Department of Housing and Community Development shall make available an official translation of the text required by paragraph (4) of subdivision (b) in the languages specified in Section 1632 of the Civil Code by no later than January 15, 2026.(d) A tenant may deliver the declaration of social security-related financial distress to the landlord by any of the following methods:(1) In person, if the landlord indicates in the notice an address at which the declaration may be delivered in person.(2) By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered.(3) Through United States mail to the address indicated by the landlord in the notice. If the landlord does not provide an address pursuant to subparagraph (1), then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord, the declaration is deemed received by the landlord on the date posted, if the tenant can show proof of mailing to the address provided by the landlord.(4) Through any of the same methods that the tenant can use to deliver the payment pursuant to the notice if delivery of the declaration by that method is possible.(e) A tenant who, within 15 days of service of the notice specified in subdivision (b), excluding Saturdays, Sundays, and other judicial holidays, demanding payment of covered rental debt delivers a declaration of social security-related financial distress to the landlord by any of the methods provided in subdivision (d) shall not then or thereafter be deemed to be in default with regard to that covered rental debt for purposes of subdivision (e) of Section 798.56 of the Civil Code or paragraphs (2) and (3) of Section 1161.(f) (1) (A) Within the time prescribed in Section 1167, a tenant shall be permitted to file a signed declaration of social security-related financial distress with the court.(B) If the tenant files a signed declaration of social security-related financial distress with the court pursuant to this subdivision, the court shall dismiss the case, pursuant to paragraph (2), if the court finds, after a noticed hearing on the matter, that the tenants failure to return a declaration of social security-related financial distress within the time required by subdivision (e) was the result of mistake, inadvertence, surprise, or excusable neglect, as those terms have been interpreted under subdivision (b) of Section 473.(C) The noticed hearing required by this paragraph shall be held with not less than 5 days notice and not more than 10 days notice, to be given by the court, and may be held separately or in conjunction with any regularly noticed hearing in the case, other than a trial.(2) If the court dismisses the case pursuant to paragraph (1), that dismissal shall be without prejudice.(3) If the court dismisses the case pursuant to this subdivision, the tenant shall not be considered the prevailing party for purposes of Section 1032, any attorneys fee provision appearing in contract or statute, or any other law.1179.25. (a) A court may not find a tenant guilty of an unlawful detainer action filed during a declared social security benefit payment interruption unless it finds that one of the following applies:(1) The tenant was guilty of the unlawful detainer before the commencement of the declared social security benefit payment interruption.(2) In response to service of a notice demanding payment of covered rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.24.(b) (1) This section does not require a landlord to assist the tenant to relocate through the payment of relocation costs if the landlord would not otherwise be required to do so pursuant to Section 1946.2 of the Civil Code or any other law.(2) A landlord who is required to assist the tenant to relocate pursuant to Section 1946.2 of the Civil Code or any other law, may offset the tenants covered rental debt against their obligation to assist the tenant to relocate.1179.26. Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the declared social security benefit payment interruption, the landlord shall not do either of the following:(a) Apply a security deposit to satisfy covered rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. This subdivision does not prohibit a landlord from applying a security deposit to satisfy covered rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.(b) Apply a monthly rental payment to any covered rental debt other than the prospective months rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.1179.27. Any provision of a stipulation, settlement agreement, or other agreement entered into on or after the effective date of this chapter, including a lease agreement, that purports to waive the provisions of this chapter is prohibited and is void as contrary to public policy.1179.28. This chapter shall remain in effect until January 20, 2029, and as of that date is repealed.
SEC. 5. Chapter 6 (commencing with Section 1179.20) is added to Title 3 of Part 3 of the Code of Civil Procedure, to read:
### SEC. 5.
CHAPTER 6. Social Security Tenant Protection Act of 20251179.20. This chapter is known, and may be cited, as the Social Security Tenant Protection Act of 2025.1179.21. (a) Covered rental debt means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during a declared social security benefit payment interruption.(b) Declaration of social security-related financial distress means the following written statement:I am currently unable to pay my rent or other financial obligations under the lease in full because of the loss of income caused by an interruption in the payment of social security benefits.Any income that I have received since the start of the social security benefits interruption does not fully make up for my loss of income from the interruption in the payment of my social security benefits.Signed under penalty of perjury:Dated:(c) Declared social security benefit payment interruption means the period beginning on the date the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (b) of Section 1179.22 that there is a social security benefits interruption and ending on the earlier of the following:(1) The date that the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (c) of Section 1179.22 that social security benefit payments have been restored.(2) The date that is six months after the commencement of the declared social security benefit payment interruption.(d) Department means the Department of Finance.(e) Landlord includes all of the following or the agent of any of the following:(1) An owner of residential real property.(2) An owner of a residential rental unit.(3) An owner of a mobilehome park.(4) An owner of a mobilehome park space or lot.(f) Rental payment means rent or any other financial obligation of a tenant under the tenancy.(g) Social security benefit payment interruption means any disruption in the administration or disbursement of social security benefit payments that results in a delay of three or more calendar days beyond the scheduled payment disbursement date.(h) Social security benefit payments means any benefit payments administered by the Social Security Administration.(i) Social security-related financial distress means loss of income caused by a social security benefits interruption.(j) Tenant means any natural person who hires real property except any of the following:(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.1179.22. (a) The Department of Finance shall monitor the status of social security benefit payments.(b) If the department determines there is a social security benefit payment interruption, it shall deliver notice of its determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.(c) If, during a social security benefit payment interruption, the department determines that social security benefit payments have been restored, it shall deliver notice of this determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.1179.23. (a) Notwithstanding any other law, during a declared social security benefit payment interruption a court shall not issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.(b) (1) A plaintiff in an unlawful detainer action during a declared social security benefit payment interruption shall file a cover sheet in the form specified in paragraph (2) that indicates all of the following:(A) Whether the action seeks possession of residential real property.(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.(C) If the action is based, in whole or part, on an alleged default in payment of rent or other charges, whether the defendant is experiencing a loss of income due to a social security benefit payment interruption.(2) The cover sheet specified in paragraph (1) shall be in the following form:UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET1. This action seeks possession of real property that is:a. [ ] Residentialb. [ ] Commercial2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.a. [ ] Yesb. [ ] No3. (Complete only if paragraph 2(a) is checked) A defendant in this action is experiencing a loss of income due to a social security benefit payment interruption.a. [ ] Yesb. [ ] NoDate:_______________________________________________ _______________________________Type Or Print Name Signature Of Party Or Attorney For Party(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.(4) The Judicial Council shall develop a form for mandatory use that includes the information in paragraph (2).(c) This section does not prevent a court from issuing a summons or entering default in any of the following:(1) An unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.(2) An unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, but no defendant in the action receives social security benefit payments.(3) An unlawful detainer action that had a summons on a complaint issued before the commencement of the declared social security benefit payment interruption.1179.24. (a) (1) Any notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 shall be modified pursuant to this section. A notice that does not meet the requirements of this section issued during a declared social security benefit payment interruption shall not be sufficient to establish a cause of action for unlawful detainer or a basis for default judgment.(2) Any case based solely on a notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 may be dismissed if the notice was issued during a declared social security benefit payment interruption and does not meet the requirements of this section.(b) If the notice demands payment of rent that came due during a declared social security benefit payment interruption the notice shall comply with all of the following:(1) The time period in which the tenant may pay the amount due or deliver possession of the property shall be no shorter than 15 days, excluding Saturdays, Sundays, and other judicial holidays.(2) The notice shall set forth the amount of rent demanded and the date each amount became due.(3) The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of social security-related financial distress to the landlord on or before the date that the notice to pay rent or quit or notice to perform covenants or quit expires, by any of the methods specified in subdivision (d).(4) The notice shall include the following text in at least 12-point font:NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income due to a social security benefit payment interruption, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose the eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements until social security benefit payments are restored. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.For information about legal resources that may be available to you, visit lawhelpca.org.(c) An unsigned copy of a declaration of social security-related financial distress shall accompany each notice delivered to a tenant to which subdivision (b) applies. If the landlord was required, pursuant to Section 1632 of the Civil Code, to provide a translation of the rental contract or agreement in the language in which the contract or agreement was negotiated, the landlord shall also provide the unsigned copy of a declaration of social security-related financial distress to the tenant in the language in which the contract or agreement was negotiated. The Department of Housing and Community Development shall make available an official translation of the text required by paragraph (4) of subdivision (b) in the languages specified in Section 1632 of the Civil Code by no later than January 15, 2026.(d) A tenant may deliver the declaration of social security-related financial distress to the landlord by any of the following methods:(1) In person, if the landlord indicates in the notice an address at which the declaration may be delivered in person.(2) By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered.(3) Through United States mail to the address indicated by the landlord in the notice. If the landlord does not provide an address pursuant to subparagraph (1), then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord, the declaration is deemed received by the landlord on the date posted, if the tenant can show proof of mailing to the address provided by the landlord.(4) Through any of the same methods that the tenant can use to deliver the payment pursuant to the notice if delivery of the declaration by that method is possible.(e) A tenant who, within 15 days of service of the notice specified in subdivision (b), excluding Saturdays, Sundays, and other judicial holidays, demanding payment of covered rental debt delivers a declaration of social security-related financial distress to the landlord by any of the methods provided in subdivision (d) shall not then or thereafter be deemed to be in default with regard to that covered rental debt for purposes of subdivision (e) of Section 798.56 of the Civil Code or paragraphs (2) and (3) of Section 1161.(f) (1) (A) Within the time prescribed in Section 1167, a tenant shall be permitted to file a signed declaration of social security-related financial distress with the court.(B) If the tenant files a signed declaration of social security-related financial distress with the court pursuant to this subdivision, the court shall dismiss the case, pursuant to paragraph (2), if the court finds, after a noticed hearing on the matter, that the tenants failure to return a declaration of social security-related financial distress within the time required by subdivision (e) was the result of mistake, inadvertence, surprise, or excusable neglect, as those terms have been interpreted under subdivision (b) of Section 473.(C) The noticed hearing required by this paragraph shall be held with not less than 5 days notice and not more than 10 days notice, to be given by the court, and may be held separately or in conjunction with any regularly noticed hearing in the case, other than a trial.(2) If the court dismisses the case pursuant to paragraph (1), that dismissal shall be without prejudice.(3) If the court dismisses the case pursuant to this subdivision, the tenant shall not be considered the prevailing party for purposes of Section 1032, any attorneys fee provision appearing in contract or statute, or any other law.1179.25. (a) A court may not find a tenant guilty of an unlawful detainer action filed during a declared social security benefit payment interruption unless it finds that one of the following applies:(1) The tenant was guilty of the unlawful detainer before the commencement of the declared social security benefit payment interruption.(2) In response to service of a notice demanding payment of covered rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.24.(b) (1) This section does not require a landlord to assist the tenant to relocate through the payment of relocation costs if the landlord would not otherwise be required to do so pursuant to Section 1946.2 of the Civil Code or any other law.(2) A landlord who is required to assist the tenant to relocate pursuant to Section 1946.2 of the Civil Code or any other law, may offset the tenants covered rental debt against their obligation to assist the tenant to relocate.1179.26. Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the declared social security benefit payment interruption, the landlord shall not do either of the following:(a) Apply a security deposit to satisfy covered rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. This subdivision does not prohibit a landlord from applying a security deposit to satisfy covered rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.(b) Apply a monthly rental payment to any covered rental debt other than the prospective months rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.1179.27. Any provision of a stipulation, settlement agreement, or other agreement entered into on or after the effective date of this chapter, including a lease agreement, that purports to waive the provisions of this chapter is prohibited and is void as contrary to public policy.1179.28. This chapter shall remain in effect until January 20, 2029, and as of that date is repealed.
CHAPTER 6. Social Security Tenant Protection Act of 20251179.20. This chapter is known, and may be cited, as the Social Security Tenant Protection Act of 2025.1179.21. (a) Covered rental debt means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during a declared social security benefit payment interruption.(b) Declaration of social security-related financial distress means the following written statement:I am currently unable to pay my rent or other financial obligations under the lease in full because of the loss of income caused by an interruption in the payment of social security benefits.Any income that I have received since the start of the social security benefits interruption does not fully make up for my loss of income from the interruption in the payment of my social security benefits.Signed under penalty of perjury:Dated:(c) Declared social security benefit payment interruption means the period beginning on the date the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (b) of Section 1179.22 that there is a social security benefits interruption and ending on the earlier of the following:(1) The date that the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (c) of Section 1179.22 that social security benefit payments have been restored.(2) The date that is six months after the commencement of the declared social security benefit payment interruption.(d) Department means the Department of Finance.(e) Landlord includes all of the following or the agent of any of the following:(1) An owner of residential real property.(2) An owner of a residential rental unit.(3) An owner of a mobilehome park.(4) An owner of a mobilehome park space or lot.(f) Rental payment means rent or any other financial obligation of a tenant under the tenancy.(g) Social security benefit payment interruption means any disruption in the administration or disbursement of social security benefit payments that results in a delay of three or more calendar days beyond the scheduled payment disbursement date.(h) Social security benefit payments means any benefit payments administered by the Social Security Administration.(i) Social security-related financial distress means loss of income caused by a social security benefits interruption.(j) Tenant means any natural person who hires real property except any of the following:(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.1179.22. (a) The Department of Finance shall monitor the status of social security benefit payments.(b) If the department determines there is a social security benefit payment interruption, it shall deliver notice of its determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.(c) If, during a social security benefit payment interruption, the department determines that social security benefit payments have been restored, it shall deliver notice of this determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.1179.23. (a) Notwithstanding any other law, during a declared social security benefit payment interruption a court shall not issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.(b) (1) A plaintiff in an unlawful detainer action during a declared social security benefit payment interruption shall file a cover sheet in the form specified in paragraph (2) that indicates all of the following:(A) Whether the action seeks possession of residential real property.(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.(C) If the action is based, in whole or part, on an alleged default in payment of rent or other charges, whether the defendant is experiencing a loss of income due to a social security benefit payment interruption.(2) The cover sheet specified in paragraph (1) shall be in the following form:UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET1. This action seeks possession of real property that is:a. [ ] Residentialb. [ ] Commercial2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.a. [ ] Yesb. [ ] No3. (Complete only if paragraph 2(a) is checked) A defendant in this action is experiencing a loss of income due to a social security benefit payment interruption.a. [ ] Yesb. [ ] NoDate:_______________________________________________ _______________________________Type Or Print Name Signature Of Party Or Attorney For Party(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.(4) The Judicial Council shall develop a form for mandatory use that includes the information in paragraph (2).(c) This section does not prevent a court from issuing a summons or entering default in any of the following:(1) An unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.(2) An unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, but no defendant in the action receives social security benefit payments.(3) An unlawful detainer action that had a summons on a complaint issued before the commencement of the declared social security benefit payment interruption.1179.24. (a) (1) Any notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 shall be modified pursuant to this section. A notice that does not meet the requirements of this section issued during a declared social security benefit payment interruption shall not be sufficient to establish a cause of action for unlawful detainer or a basis for default judgment.(2) Any case based solely on a notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 may be dismissed if the notice was issued during a declared social security benefit payment interruption and does not meet the requirements of this section.(b) If the notice demands payment of rent that came due during a declared social security benefit payment interruption the notice shall comply with all of the following:(1) The time period in which the tenant may pay the amount due or deliver possession of the property shall be no shorter than 15 days, excluding Saturdays, Sundays, and other judicial holidays.(2) The notice shall set forth the amount of rent demanded and the date each amount became due.(3) The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of social security-related financial distress to the landlord on or before the date that the notice to pay rent or quit or notice to perform covenants or quit expires, by any of the methods specified in subdivision (d).(4) The notice shall include the following text in at least 12-point font:NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income due to a social security benefit payment interruption, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose the eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements until social security benefit payments are restored. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.For information about legal resources that may be available to you, visit lawhelpca.org.(c) An unsigned copy of a declaration of social security-related financial distress shall accompany each notice delivered to a tenant to which subdivision (b) applies. If the landlord was required, pursuant to Section 1632 of the Civil Code, to provide a translation of the rental contract or agreement in the language in which the contract or agreement was negotiated, the landlord shall also provide the unsigned copy of a declaration of social security-related financial distress to the tenant in the language in which the contract or agreement was negotiated. The Department of Housing and Community Development shall make available an official translation of the text required by paragraph (4) of subdivision (b) in the languages specified in Section 1632 of the Civil Code by no later than January 15, 2026.(d) A tenant may deliver the declaration of social security-related financial distress to the landlord by any of the following methods:(1) In person, if the landlord indicates in the notice an address at which the declaration may be delivered in person.(2) By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered.(3) Through United States mail to the address indicated by the landlord in the notice. If the landlord does not provide an address pursuant to subparagraph (1), then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord, the declaration is deemed received by the landlord on the date posted, if the tenant can show proof of mailing to the address provided by the landlord.(4) Through any of the same methods that the tenant can use to deliver the payment pursuant to the notice if delivery of the declaration by that method is possible.(e) A tenant who, within 15 days of service of the notice specified in subdivision (b), excluding Saturdays, Sundays, and other judicial holidays, demanding payment of covered rental debt delivers a declaration of social security-related financial distress to the landlord by any of the methods provided in subdivision (d) shall not then or thereafter be deemed to be in default with regard to that covered rental debt for purposes of subdivision (e) of Section 798.56 of the Civil Code or paragraphs (2) and (3) of Section 1161.(f) (1) (A) Within the time prescribed in Section 1167, a tenant shall be permitted to file a signed declaration of social security-related financial distress with the court.(B) If the tenant files a signed declaration of social security-related financial distress with the court pursuant to this subdivision, the court shall dismiss the case, pursuant to paragraph (2), if the court finds, after a noticed hearing on the matter, that the tenants failure to return a declaration of social security-related financial distress within the time required by subdivision (e) was the result of mistake, inadvertence, surprise, or excusable neglect, as those terms have been interpreted under subdivision (b) of Section 473.(C) The noticed hearing required by this paragraph shall be held with not less than 5 days notice and not more than 10 days notice, to be given by the court, and may be held separately or in conjunction with any regularly noticed hearing in the case, other than a trial.(2) If the court dismisses the case pursuant to paragraph (1), that dismissal shall be without prejudice.(3) If the court dismisses the case pursuant to this subdivision, the tenant shall not be considered the prevailing party for purposes of Section 1032, any attorneys fee provision appearing in contract or statute, or any other law.1179.25. (a) A court may not find a tenant guilty of an unlawful detainer action filed during a declared social security benefit payment interruption unless it finds that one of the following applies:(1) The tenant was guilty of the unlawful detainer before the commencement of the declared social security benefit payment interruption.(2) In response to service of a notice demanding payment of covered rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.24.(b) (1) This section does not require a landlord to assist the tenant to relocate through the payment of relocation costs if the landlord would not otherwise be required to do so pursuant to Section 1946.2 of the Civil Code or any other law.(2) A landlord who is required to assist the tenant to relocate pursuant to Section 1946.2 of the Civil Code or any other law, may offset the tenants covered rental debt against their obligation to assist the tenant to relocate.1179.26. Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the declared social security benefit payment interruption, the landlord shall not do either of the following:(a) Apply a security deposit to satisfy covered rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. This subdivision does not prohibit a landlord from applying a security deposit to satisfy covered rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.(b) Apply a monthly rental payment to any covered rental debt other than the prospective months rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.1179.27. Any provision of a stipulation, settlement agreement, or other agreement entered into on or after the effective date of this chapter, including a lease agreement, that purports to waive the provisions of this chapter is prohibited and is void as contrary to public policy.1179.28. This chapter shall remain in effect until January 20, 2029, and as of that date is repealed.
CHAPTER 6. Social Security Tenant Protection Act of 2025
CHAPTER 6. Social Security Tenant Protection Act of 2025
1179.20. This chapter is known, and may be cited, as the Social Security Tenant Protection Act of 2025.
1179.20. This chapter is known, and may be cited, as the Social Security Tenant Protection Act of 2025.
1179.21. (a) Covered rental debt means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during a declared social security benefit payment interruption.(b) Declaration of social security-related financial distress means the following written statement:I am currently unable to pay my rent or other financial obligations under the lease in full because of the loss of income caused by an interruption in the payment of social security benefits.Any income that I have received since the start of the social security benefits interruption does not fully make up for my loss of income from the interruption in the payment of my social security benefits.Signed under penalty of perjury:Dated:(c) Declared social security benefit payment interruption means the period beginning on the date the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (b) of Section 1179.22 that there is a social security benefits interruption and ending on the earlier of the following:(1) The date that the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (c) of Section 1179.22 that social security benefit payments have been restored.(2) The date that is six months after the commencement of the declared social security benefit payment interruption.(d) Department means the Department of Finance.(e) Landlord includes all of the following or the agent of any of the following:(1) An owner of residential real property.(2) An owner of a residential rental unit.(3) An owner of a mobilehome park.(4) An owner of a mobilehome park space or lot.(f) Rental payment means rent or any other financial obligation of a tenant under the tenancy.(g) Social security benefit payment interruption means any disruption in the administration or disbursement of social security benefit payments that results in a delay of three or more calendar days beyond the scheduled payment disbursement date.(h) Social security benefit payments means any benefit payments administered by the Social Security Administration.(i) Social security-related financial distress means loss of income caused by a social security benefits interruption.(j) Tenant means any natural person who hires real property except any of the following:(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.
1179.21. (a) Covered rental debt means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during a declared social security benefit payment interruption.
(b) Declaration of social security-related financial distress means the following written statement:
I am currently unable to pay my rent or other financial obligations under the lease in full because of the loss of income caused by an interruption in the payment of social security benefits.
Any income that I have received since the start of the social security benefits interruption does not fully make up for my loss of income from the interruption in the payment of my social security benefits.
Signed under penalty of perjury:
Dated:
(c) Declared social security benefit payment interruption means the period beginning on the date the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (b) of Section 1179.22 that there is a social security benefits interruption and ending on the earlier of the following:
(1) The date that the Joint Legislative Budget Committee receives a determination from the Department of Finance pursuant to subdivision (c) of Section 1179.22 that social security benefit payments have been restored.
(2) The date that is six months after the commencement of the declared social security benefit payment interruption.
(d) Department means the Department of Finance.
(e) Landlord includes all of the following or the agent of any of the following:
(1) An owner of residential real property.
(2) An owner of a residential rental unit.
(3) An owner of a mobilehome park.
(4) An owner of a mobilehome park space or lot.
(f) Rental payment means rent or any other financial obligation of a tenant under the tenancy.
(g) Social security benefit payment interruption means any disruption in the administration or disbursement of social security benefit payments that results in a delay of three or more calendar days beyond the scheduled payment disbursement date.
(h) Social security benefit payments means any benefit payments administered by the Social Security Administration.
(i) Social security-related financial distress means loss of income caused by a social security benefits interruption.
(j) Tenant means any natural person who hires real property except any of the following:
(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.
(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.
1179.22. (a) The Department of Finance shall monitor the status of social security benefit payments.(b) If the department determines there is a social security benefit payment interruption, it shall deliver notice of its determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.(c) If, during a social security benefit payment interruption, the department determines that social security benefit payments have been restored, it shall deliver notice of this determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.
1179.22. (a) The Department of Finance shall monitor the status of social security benefit payments.
(b) If the department determines there is a social security benefit payment interruption, it shall deliver notice of its determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.
(c) If, during a social security benefit payment interruption, the department determines that social security benefit payments have been restored, it shall deliver notice of this determination to the Joint Legislative Budget Committee, other relevant fiscal and policy committees of the Legislature, and to the Judicial Council.
1179.23. (a) Notwithstanding any other law, during a declared social security benefit payment interruption a court shall not issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.(b) (1) A plaintiff in an unlawful detainer action during a declared social security benefit payment interruption shall file a cover sheet in the form specified in paragraph (2) that indicates all of the following:(A) Whether the action seeks possession of residential real property.(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.(C) If the action is based, in whole or part, on an alleged default in payment of rent or other charges, whether the defendant is experiencing a loss of income due to a social security benefit payment interruption.(2) The cover sheet specified in paragraph (1) shall be in the following form:UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET1. This action seeks possession of real property that is:a. [ ] Residentialb. [ ] Commercial2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.a. [ ] Yesb. [ ] No3. (Complete only if paragraph 2(a) is checked) A defendant in this action is experiencing a loss of income due to a social security benefit payment interruption.a. [ ] Yesb. [ ] NoDate:_______________________________________________ _______________________________Type Or Print Name Signature Of Party Or Attorney For Party(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.(4) The Judicial Council shall develop a form for mandatory use that includes the information in paragraph (2).(c) This section does not prevent a court from issuing a summons or entering default in any of the following:(1) An unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.(2) An unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, but no defendant in the action receives social security benefit payments.(3) An unlawful detainer action that had a summons on a complaint issued before the commencement of the declared social security benefit payment interruption.
1179.23. (a) Notwithstanding any other law, during a declared social security benefit payment interruption a court shall not issue a summons on a complaint for unlawful detainer in any action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, if the defendant experiences a loss of income due to the social security benefit payment interruption.
(b) (1) A plaintiff in an unlawful detainer action during a declared social security benefit payment interruption shall file a cover sheet in the form specified in paragraph (2) that indicates all of the following:
(A) Whether the action seeks possession of residential real property.
(B) If the action seeks possession of residential real property, whether the action is based, in whole or part, on an alleged default in payment of rent or other charges.
(C) If the action is based, in whole or part, on an alleged default in payment of rent or other charges, whether the defendant is experiencing a loss of income due to a social security benefit payment interruption.
(2) The cover sheet specified in paragraph (1) shall be in the following form:
UNLAWFUL DETAINER SUPPLEMENTAL COVER SHEET
1. This action seeks possession of real property that is:
a. [ ] Residential
b. [ ] Commercial
2. (Complete only if paragraph 1(a) is checked) This action is based, in whole or in part, on an alleged default in payment of rent or other charges.
a. [ ] Yes
b. [ ] No
3. (Complete only if paragraph 2(a) is checked) A defendant in this action is experiencing a loss of income due to a social security benefit payment interruption.
a. [ ] Yes
b. [ ] No
Date:__________________
_____________________________ _______________________________
Type Or Print Name Signature Of Party Or Attorney For Party
(3) The cover sheet required by this subdivision shall be in addition to any civil case cover sheet or other form required by law, the California Rules of Court, or a local court rule.
(4) The Judicial Council shall develop a form for mandatory use that includes the information in paragraph (2).
(c) This section does not prevent a court from issuing a summons or entering default in any of the following:
(1) An unlawful detainer action that seeks possession of residential real property and that is not based, in whole or in part, on nonpayment of rent or other charges.
(2) An unlawful detainer action that seeks possession of residential real property and that is based, in whole or in part, on nonpayment of rent or other charges, but no defendant in the action receives social security benefit payments.
(3) An unlawful detainer action that had a summons on a complaint issued before the commencement of the declared social security benefit payment interruption.
1179.24. (a) (1) Any notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 shall be modified pursuant to this section. A notice that does not meet the requirements of this section issued during a declared social security benefit payment interruption shall not be sufficient to establish a cause of action for unlawful detainer or a basis for default judgment.(2) Any case based solely on a notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 may be dismissed if the notice was issued during a declared social security benefit payment interruption and does not meet the requirements of this section.(b) If the notice demands payment of rent that came due during a declared social security benefit payment interruption the notice shall comply with all of the following:(1) The time period in which the tenant may pay the amount due or deliver possession of the property shall be no shorter than 15 days, excluding Saturdays, Sundays, and other judicial holidays.(2) The notice shall set forth the amount of rent demanded and the date each amount became due.(3) The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of social security-related financial distress to the landlord on or before the date that the notice to pay rent or quit or notice to perform covenants or quit expires, by any of the methods specified in subdivision (d).(4) The notice shall include the following text in at least 12-point font:NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income due to a social security benefit payment interruption, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose the eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements until social security benefit payments are restored. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.For information about legal resources that may be available to you, visit lawhelpca.org.(c) An unsigned copy of a declaration of social security-related financial distress shall accompany each notice delivered to a tenant to which subdivision (b) applies. If the landlord was required, pursuant to Section 1632 of the Civil Code, to provide a translation of the rental contract or agreement in the language in which the contract or agreement was negotiated, the landlord shall also provide the unsigned copy of a declaration of social security-related financial distress to the tenant in the language in which the contract or agreement was negotiated. The Department of Housing and Community Development shall make available an official translation of the text required by paragraph (4) of subdivision (b) in the languages specified in Section 1632 of the Civil Code by no later than January 15, 2026.(d) A tenant may deliver the declaration of social security-related financial distress to the landlord by any of the following methods:(1) In person, if the landlord indicates in the notice an address at which the declaration may be delivered in person.(2) By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered.(3) Through United States mail to the address indicated by the landlord in the notice. If the landlord does not provide an address pursuant to subparagraph (1), then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord, the declaration is deemed received by the landlord on the date posted, if the tenant can show proof of mailing to the address provided by the landlord.(4) Through any of the same methods that the tenant can use to deliver the payment pursuant to the notice if delivery of the declaration by that method is possible.(e) A tenant who, within 15 days of service of the notice specified in subdivision (b), excluding Saturdays, Sundays, and other judicial holidays, demanding payment of covered rental debt delivers a declaration of social security-related financial distress to the landlord by any of the methods provided in subdivision (d) shall not then or thereafter be deemed to be in default with regard to that covered rental debt for purposes of subdivision (e) of Section 798.56 of the Civil Code or paragraphs (2) and (3) of Section 1161.(f) (1) (A) Within the time prescribed in Section 1167, a tenant shall be permitted to file a signed declaration of social security-related financial distress with the court.(B) If the tenant files a signed declaration of social security-related financial distress with the court pursuant to this subdivision, the court shall dismiss the case, pursuant to paragraph (2), if the court finds, after a noticed hearing on the matter, that the tenants failure to return a declaration of social security-related financial distress within the time required by subdivision (e) was the result of mistake, inadvertence, surprise, or excusable neglect, as those terms have been interpreted under subdivision (b) of Section 473.(C) The noticed hearing required by this paragraph shall be held with not less than 5 days notice and not more than 10 days notice, to be given by the court, and may be held separately or in conjunction with any regularly noticed hearing in the case, other than a trial.(2) If the court dismisses the case pursuant to paragraph (1), that dismissal shall be without prejudice.(3) If the court dismisses the case pursuant to this subdivision, the tenant shall not be considered the prevailing party for purposes of Section 1032, any attorneys fee provision appearing in contract or statute, or any other law.
1179.24. (a) (1) Any notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 shall be modified pursuant to this section. A notice that does not meet the requirements of this section issued during a declared social security benefit payment interruption shall not be sufficient to establish a cause of action for unlawful detainer or a basis for default judgment.
(2) Any case based solely on a notice that demands payment of covered rental debt served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 may be dismissed if the notice was issued during a declared social security benefit payment interruption and does not meet the requirements of this section.
(b) If the notice demands payment of rent that came due during a declared social security benefit payment interruption the notice shall comply with all of the following:
(1) The time period in which the tenant may pay the amount due or deliver possession of the property shall be no shorter than 15 days, excluding Saturdays, Sundays, and other judicial holidays.
(2) The notice shall set forth the amount of rent demanded and the date each amount became due.
(3) The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of social security-related financial distress to the landlord on or before the date that the notice to pay rent or quit or notice to perform covenants or quit expires, by any of the methods specified in subdivision (d).
(4) The notice shall include the following text in at least 12-point font:
NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income due to a social security benefit payment interruption, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose the eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.
You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements until social security benefit payments are restored. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.
For information about legal resources that may be available to you, visit lawhelpca.org.
(c) An unsigned copy of a declaration of social security-related financial distress shall accompany each notice delivered to a tenant to which subdivision (b) applies. If the landlord was required, pursuant to Section 1632 of the Civil Code, to provide a translation of the rental contract or agreement in the language in which the contract or agreement was negotiated, the landlord shall also provide the unsigned copy of a declaration of social security-related financial distress to the tenant in the language in which the contract or agreement was negotiated. The Department of Housing and Community Development shall make available an official translation of the text required by paragraph (4) of subdivision (b) in the languages specified in Section 1632 of the Civil Code by no later than January 15, 2026.
(d) A tenant may deliver the declaration of social security-related financial distress to the landlord by any of the following methods:
(1) In person, if the landlord indicates in the notice an address at which the declaration may be delivered in person.
(2) By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered.
(3) Through United States mail to the address indicated by the landlord in the notice. If the landlord does not provide an address pursuant to subparagraph (1), then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord, the declaration is deemed received by the landlord on the date posted, if the tenant can show proof of mailing to the address provided by the landlord.
(4) Through any of the same methods that the tenant can use to deliver the payment pursuant to the notice if delivery of the declaration by that method is possible.
(e) A tenant who, within 15 days of service of the notice specified in subdivision (b), excluding Saturdays, Sundays, and other judicial holidays, demanding payment of covered rental debt delivers a declaration of social security-related financial distress to the landlord by any of the methods provided in subdivision (d) shall not then or thereafter be deemed to be in default with regard to that covered rental debt for purposes of subdivision (e) of Section 798.56 of the Civil Code or paragraphs (2) and (3) of Section 1161.
(f) (1) (A) Within the time prescribed in Section 1167, a tenant shall be permitted to file a signed declaration of social security-related financial distress with the court.
(B) If the tenant files a signed declaration of social security-related financial distress with the court pursuant to this subdivision, the court shall dismiss the case, pursuant to paragraph (2), if the court finds, after a noticed hearing on the matter, that the tenants failure to return a declaration of social security-related financial distress within the time required by subdivision (e) was the result of mistake, inadvertence, surprise, or excusable neglect, as those terms have been interpreted under subdivision (b) of Section 473.
(C) The noticed hearing required by this paragraph shall be held with not less than 5 days notice and not more than 10 days notice, to be given by the court, and may be held separately or in conjunction with any regularly noticed hearing in the case, other than a trial.
(2) If the court dismisses the case pursuant to paragraph (1), that dismissal shall be without prejudice.
(3) If the court dismisses the case pursuant to this subdivision, the tenant shall not be considered the prevailing party for purposes of Section 1032, any attorneys fee provision appearing in contract or statute, or any other law.
1179.25. (a) A court may not find a tenant guilty of an unlawful detainer action filed during a declared social security benefit payment interruption unless it finds that one of the following applies:(1) The tenant was guilty of the unlawful detainer before the commencement of the declared social security benefit payment interruption.(2) In response to service of a notice demanding payment of covered rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.24.(b) (1) This section does not require a landlord to assist the tenant to relocate through the payment of relocation costs if the landlord would not otherwise be required to do so pursuant to Section 1946.2 of the Civil Code or any other law.(2) A landlord who is required to assist the tenant to relocate pursuant to Section 1946.2 of the Civil Code or any other law, may offset the tenants covered rental debt against their obligation to assist the tenant to relocate.
1179.25. (a) A court may not find a tenant guilty of an unlawful detainer action filed during a declared social security benefit payment interruption unless it finds that one of the following applies:
(1) The tenant was guilty of the unlawful detainer before the commencement of the declared social security benefit payment interruption.
(2) In response to service of a notice demanding payment of covered rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.24.
(b) (1) This section does not require a landlord to assist the tenant to relocate through the payment of relocation costs if the landlord would not otherwise be required to do so pursuant to Section 1946.2 of the Civil Code or any other law.
(2) A landlord who is required to assist the tenant to relocate pursuant to Section 1946.2 of the Civil Code or any other law, may offset the tenants covered rental debt against their obligation to assist the tenant to relocate.
1179.26. Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the declared social security benefit payment interruption, the landlord shall not do either of the following:(a) Apply a security deposit to satisfy covered rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. This subdivision does not prohibit a landlord from applying a security deposit to satisfy covered rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.(b) Apply a monthly rental payment to any covered rental debt other than the prospective months rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.
1179.26. Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the declared social security benefit payment interruption, the landlord shall not do either of the following:
(a) Apply a security deposit to satisfy covered rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. This subdivision does not prohibit a landlord from applying a security deposit to satisfy covered rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.
(b) Apply a monthly rental payment to any covered rental debt other than the prospective months rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.
1179.27. Any provision of a stipulation, settlement agreement, or other agreement entered into on or after the effective date of this chapter, including a lease agreement, that purports to waive the provisions of this chapter is prohibited and is void as contrary to public policy.
1179.27. Any provision of a stipulation, settlement agreement, or other agreement entered into on or after the effective date of this chapter, including a lease agreement, that purports to waive the provisions of this chapter is prohibited and is void as contrary to public policy.
1179.28. This chapter shall remain in effect until January 20, 2029, and as of that date is repealed.
1179.28. This chapter shall remain in effect until January 20, 2029, and as of that date is repealed.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 6.
(a)Notwithstanding any other law, and except as provided in subdivision (d), an owner of residential real property shall not increase the rental rate for a dwelling or a unit that had a tenant in lawful possession of the residential real property on or before January 7, 2025, and is located in the County of Los Angeles by more than 3 percent of the rental rate charged for that dwelling or unit on January 7, 2025.
(b)Notwithstanding subdivision (a), an owner of residential real property that would otherwise be subject to this section may increase the rental rate for a dwelling or a unit in accordance with a notice of rental rate increase issued on or before January 7, 2025.
(c)(1)A district attorney, county counsel, or city attorney may enforce this section.
(2)In addition to any other penalty allowed by law, a violation of this section shall result in a civil penalty of not more than ten thousand dollars ($10,000).
(d)This section does not apply to either of the following:
(1)Housing restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2)Residential real property owned or operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(e)This section does not affect the existing authority of a local government to adopt or maintain rent controls or price controls consistent with this section.
(f)This section shall remain in effect until March 1, 2026, and as of that date is repealed.
The Legislature finds and declares, with respect to Section 1 of this act, that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the immediate need to prevent price increases in the County of Los Angeles during the state of emergency in the Counties of Los Angeles and Ventura due to the Palisades Fire, Eaton Fire, and windstorm conditions.