2009 California Civil Code - Section 1940-1954.1 :: Chapter 2. Hiring Of Real Property

CIVIL CODE
SECTION 1940-1954.1

1940.  (a) Except as provided in subdivision (b), this chapter shall
apply to all persons who hire dwelling units located within this
state including tenants, lessees, boarders, lodgers, and others,
however denominated.
   (b) The term "persons who hire" shall not include a person who
maintains either of the following:
   (1) Transient occupancy in a hotel, motel, residence club, or
other facility when the transient occupancy is or would be subject to
tax under Section 7280 of the Revenue and Taxation Code. The term
"persons who hire" shall not include a person to whom this paragraph
pertains if the person has not made valid payment for all room and
other related charges owing as of the last day on which his or her
occupancy is or would be subject to tax under Section 7280 of the
Revenue and Taxation Code.
   (2) Occupancy at a hotel or motel where the innkeeper retains a
right of access to and control of the dwelling unit and the hotel or
motel provides or offers all of the following services to all of the
residents:
   (A) Facilities for the safeguarding of personal property pursuant
to Section 1860.
   (B) Central telephone service subject to tariffs covering the same
filed with the California Public Utilities Commission.
   (C) Maid, mail, and room services.
   (D) Occupancy for periods of less than seven days.
   (E) Food service provided by a food establishment, as defined in
Section 113780 of the Health and Safety Code, located on or adjacent
to the premises of the hotel or motel and owned or operated by the
innkeeper or owned or operated by a person or entity pursuant to a
lease or similar relationship with the innkeeper or person or entity
affiliated with the innkeeper.
   (c) "Dwelling unit" means a structure or the part of a structure
that is used as a home, residence, or sleeping place by one person
who maintains a household or by two or more persons who maintain a
common household.
   (d) Nothing in this section shall be construed to limit the
application of any provision of this chapter to tenancy in a dwelling
unit unless the provision is so limited by its specific terms.

1940.1.  (a) No person may require an occupant of a residential
hotel, as defined in Section 50519 of the Health and Safety Code, to
move, or to check out and reregister, before the expiration of 30
days occupancy if a purpose is to have that occupant maintain
transient occupancy status pursuant to paragraph (1) of subdivision
(b) of Section 1940. Evidence that an occupant was required to check
out and reregister shall create a rebuttable presumption, which shall
affect solely the burden of producing evidence, of the purpose
referred to in this subdivision.
   (b) In addition to any remedies provided by local ordinance, any
violation of subdivision (a) is punishable by a civil penalty of five
hundred dollars ($500). In any action brought pursuant to this
section, the prevailing party shall be entitled to reasonable
attorney's fees.
   (c) Nothing in this section shall prevent a local governing body
from establishing inspection authority or reporting or recordkeeping
requirements to ensure compliance with this section.

1940.2.  (a) It is unlawful for a landlord to do any of the
following for the purpose of influencing a tenant to vacate a
dwelling:
   (1) Engage in conduct that violates subdivision (a) of Section 484
of the Penal Code.
   (2) Engage in conduct that violates Section 518 of the Penal Code.
   (3) Use, or threaten to use, force, willful threats, or menacing
conduct constituting a course of conduct that interferes with the
tenant's quiet enjoyment of the premises in violation of Section 1927
that would create an apprehension of harm in a reasonable person.
Nothing in this paragraph requires a tenant to be actually or
constructively evicted in order to obtain relief.
   (4) Commit a significant and intentional violation of Section
1954.
   (b) A tenant who prevails in a civil action, including an action
in small claims court, to enforce his or her rights under this
section is entitled to a civil penalty in an amount not to exceed two
thousand dollars ($2,000) for each violation.
   (c) An oral or written warning notice, given in good faith,
regarding conduct by a tenant, occupant, or guest that violates, may
violate, or violated the applicable rental agreement, rules,
regulations, lease, or laws, is not a violation of this section. An
oral or written explanation of the rental agreement, rules,
regulations, lease, or laws given in the normal course of business is
not a violation of this section.
   (d) Nothing in this section shall enlarge or diminish a landlord's
right to terminate a tenancy pursuant to existing state or local
law; nor shall this section enlarge or diminish any ability of local
government to regulate or enforce a prohibition against a landlord's
harassment of a tenant.

1940.3.  (a) No city, county, or city and county shall, by statute,
ordinance, or regulation, or by administrative action implementing
any statute, ordinance, or regulation, compel a landlord or any agent
of the landlord to make any inquiry, compile, disclose, report, or
provide any information, prohibit offering or continuing to offer,
accommodations in the property for rent or lease, or otherwise take
any action regarding or based on the immigration or citizenship
status of a tenant, prospective tenant, occupant, or prospective
occupant of residential rental property.
   (b) No landlord or any agent of the landlord shall do any of the
following:
   (1) Make any inquiry regarding or based on the immigration or
citizenship status of a tenant, prospective tenant, occupant, or
prospective occupant of residential rental property.
   (2) Require that any tenant, prospective tenant, occupant, or
prospective occupant of the rental property make any statement,
representation, or certification concerning his or her immigration or
citizenship status.
   (c) Nothing in this section shall prohibit a landlord from either:
   (1) Complying with any legal obligation under federal law.
   (2) Requesting information or documentation necessary to determine
or verify the financial qualifications of a prospective tenant, or
to determine or verify the identity of a prospective tenant or
prospective occupant.

1940.5.  An owner or an owner's agent shall not refuse to rent a
dwelling unit in a structure which received its valid certificate of
occupancy after January 1, 1973, to an otherwise qualified
prospective tenant or refuse to continue to rent to an existing
tenant solely on the basis of that tenant's possession of a waterbed
or other bedding with liquid filling material where all of the
following requirements and conditions are met:
   (a) A tenant or prospective tenant furnishes to the owner, prior
to installation, a valid waterbed insurance policy or certificate of
insurance for property damage. The policy shall be issued by a
company licensed to do business in California and possessing a Best's
Insurance Report rating of "B" or higher. The insurance policy shall
be maintained in full force and effect until the bedding is
permanently removed from the rental premises. The policy shall be
written for no less than one hundred thousand dollars ($100,000) of
coverage. The policy shall cover, up to the limits of the policy,
replacement value of all property damage, including loss of use,
incurred by the rental property owner or other caused by or arising
out of the ownership, maintenance, use, or removal of the waterbed on
the rental premises only, except for any damage caused intentionally
or at the direction of the insured, or for any damage caused by or
resulting from fire. The owner may require the tenant to produce
evidence of insurance at any time. The carrier shall give the owner
notice of cancellation or nonrenewal 10 days prior to this action.
Every application for a policy shall contain the information as
provided in subdivisions (a), (b), and (c) of Section 1962 and
Section 1962.5.
   (b) The bedding shall conform to the pounds-per-square foot weight
limitation and placement as dictated by the floor load capacity of
the residential structure. The weight shall be distributed on a
pedestal or frame which is substantially the dimensions of the
mattress itself.
   (c) The tenant or prospective tenant shall install, maintain and
remove the bedding, including, but not limited to, the mattress and
frame, according to standard methods of installation, maintenance,
and removal as prescribed by the manufacturer, retailer, or state
law, whichever provides the higher degree of safety. The tenant shall
notify the owner or owner's agent in writing of the intent to
install, remove, or move the waterbed. The notice shall be delivered
24 hours prior to the installation, removal, or movement. The owner
or the owner's agent may be present at the time of installation,
removal, or movement at the owner's or the owner's agent's option. If
the bedding is installed or moved by any person other than the
tenant or prospective tenant, the tenant or prospective tenant shall
deliver to the owner or to the owner's agent a written installation
receipt stating the installer's name, address, and business
affiliation where appropriate.
   (d) Any new bedding installation shall conform to the owner's or
the owner's agent's reasonable structural specifications for
placement within the rental property and shall be consistent with
floor capacity of the rental dwelling unit.
   (e) The tenant or prospective tenant shall comply with the minimum
component specification list prescribed by the manufacturer,
retailer, or state law, whichever provides the higher degree of
safety.
   (f) Subject to the notice requirements of Section 1954, the owner,
or the owner's agent, shall have the right to inspect the bedding
installation upon completion, and periodically thereafter, to insure
its conformity with this section. If installation or maintenance is
not in conformity with this section, the owner may serve the tenant
with a written notice of breach of the rental agreement. The owner
may give the tenant three days either to bring the installation into
conformity with those standards or to remove the bedding, unless
there is an immediate danger to the structure, in which case there
shall be immediate corrective action. If the bedding is installed by
any person other than the tenant or prospective tenant, the tenant or
prospective tenant shall deliver to the owner or to the owner's
agent a written installation receipt stating the installer's name and
business affiliation where appropriate.
   (g) Notwithstanding Section 1950.5, an owner or owner's agent is
entitled to increase the security deposit on the dwelling unit in an
amount equal to one-half of one months' rent. The owner or owner's
agent may charge a tenant, lessee, or sublessee a reasonable fee to
cover administration costs. In no event does this section authorize
the payment of a rebate of premium in violation of Article 5
(commencing with Section 750) of Chapter 1 of Part 2 of Division 1 of
the Insurance Code.
   (h) Failure of the owner, or owner's agent, to exercise any of his
or her rights pursuant to this section does not constitute grounds
for denial of an insurance claim.
   (i) As used in this section, "tenant" includes any lessee, and
"rental" means any rental or lease.

1940.6.  (a) The owner of a residential dwelling unit or the owner's
agent who applies to any public agency for a permit to demolish that
residential dwelling unit shall give written notice of that fact to:
   (1) A prospective tenant prior to the occurrence of any of the
following actions by the owner or the owner's agent:
   (A) Entering into a rental agreement with a prospective tenant.
   (B) Requiring or accepting payment from the prospective tenant for
an application screening fee, as provided in Section 1950.6.
   (C) Requiring or accepting any other fees from a prospective
tenant.
   (D) Requiring or accepting any writings that would initiate a
tenancy.
   (2) A current tenant, including a tenant who has entered into a
rental agreement but has not yet taken possession of the dwelling
unit, prior to applying to the public agency for the permit to
demolish that residential dwelling unit.
   (b) The notice shall include the earliest possible approximate
date on which the owner expects the demolition to occur and the
approximate date on which the owner will terminate the tenancy.
However, in no case may the demolition for which the owner or the
owner's agent has applied occur prior to the earliest possible
approximate date noticed.
   (c) If a landlord fails to comply with subdivision (a) or (b), a
tenant may bring an action in a court of competent jurisdiction. The
remedies the court may order shall include, but are not limited to,
the following:
   (1) In the case of a prospective tenant who moved into a
residential dwelling unit and was not informed as required by
subdivision (a) or (b), the actual damages suffered, moving expenses,
and a civil penalty not to exceed two thousand five hundred dollars
($2,500) to be paid by the landlord to the tenant.
   (2) In the case of a current tenant who was not informed as
required by subdivision (a) or (b), the actual damages suffered, and
a civil penalty not to exceed two thousand five hundred dollars
($2,500) to be paid by the landlord to the tenant.
   (3) In any action brought pursuant to this section, the prevailing
party shall be entitled to reasonable attorney's fees.
   (d) The remedies available under this section are cumulative to
other remedies available under law.
   (e) This section shall not be construed to preempt other laws
regarding landlord obligations or disclosures, including, but not
limited to, those arising pursuant to Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code.
   (f) For purposes of this section:
   (1) "Residential dwelling unit" has the same meaning as that
contained in Section 1940.
   (2) "Public agency" has the same meaning as that contained in
Section 21063 of the Public Resources Code.

1940.7.  (a) The Legislature finds and declares that the December
10, 1983, tragedy in Tierra Santa, in which lives were lost as a
result of a live munition exploding in a residential area that was
formerly a military ordnance location, has demonstrated (1) the
unique and heretofore unknown risk that there are other live
munitions in former ordnance locations in California, (2) that these
former ordnance locations need to be identified by the federal,
state, or local authorities, and (3) that the people living in the
neighborhood of these former ordnance locations should be notified of
their existence. Therefore, it is the intent of the Legislature that
the disclosure required by this section is solely warranted and
limited by (1) the fact that these former ordnance locations cannot
be readily observed or discovered by landlords and tenants, and (2)
the ability of a landlord who has actual knowledge of a former
ordnance location within the neighborhood of his or her rental
property to disclose this information for the safety of the tenant.
   (b) The landlord of a residential dwelling unit who has actual
knowledge of any former federal or state ordnance locations in the
neighborhood area shall give written notice to a prospective tenant
of that knowledcge prior to the execution of a rental agreement. In
cases of tenancies in existence on January 1, 1990, this written
notice shall be given to tenants as soon as practicable thereafter.
   (c) For purposes of this section:
   (1) "Former federal or state ordnance location" means an area
identified by an agency or instrumentality of the federal or state
government as an area once used for military training purposes and
which may contain potentially explosive munitions.
   (2) "Neighborhood area" means within one mile of the residential
dwelling.

1940.8.  A landlord of a residential dwelling unit shall provide
each new tenant that occupies the unit with a copy of the notice
provided by a registered structural pest control company pursuant to
Section 8538 of the Business and Professions Code, if a contract for
periodic pest control service has been executed.

1940.9.  (a) If the landlord does not provide separate gas and
electric meters for each tenant's dwelling unit so that each tenant's
meter measures only the electric or gas service to that tenant's
dwelling unit and the landlord or his or her agent has knowledge that
gas or electric service provided through a tenant's meter serves an
area outside the tenant's dwelling unit, the landlord, prior to the
inception of the tenancy or upon discovery, shall explicitly disclose
that condition to the tenant and shall do either of the following:
   (1)  Execute a mutual written agreement with the tenant for
payment by the tenant of the cost of the gas or electric service
provided through the tenant's meter to serve areas outside the tenant'
s dwelling unit.
   (2) Make other arrangements, as are mutually agreed in writing,
for payment for the gas or electric service provided through the
tenant's meter to serve areas outside the tenant's dwelling unit.
These arrangements may include, but are not limited to, the landlord
becoming the customer of record for the tenant's meter, or the
landlord separately metering and becoming the customer of record for
the area outside the tenant's dwelling unit.
   (b) If a landlord fails to comply with subdivision (a), the
aggrieved tenant may bring an action in a court of competent
jurisdiction. The remedies the court may order shall include, but are
not limited to, the following:
   (1) Requiring the landlord to be made the customer of record with
the utility for the tenant's meter.
   (2) Ordering the landlord to reimburse the tenant for payments
made by the tenant to the utility for service to areas outside of the
tenant's dwelling unit. Payments to be reimbursed pursuant to this
paragraph shall commence from the date the obligation to disclose
arose under subdivision (a).
   (c) Nothing in this section limits any remedies available to a
landlord or tenant under other provisions of this chapter, the rental
agreement, or applicable statutory or common law.

[1941.]  Section Nineteen Hundred and Forty-one. The lessor of a
building intended for the occupation of human beings must, in the
absence of an agreement to the contrary, put it into a condition fit
for such occupation, and repair all subsequent dilapidations thereof,
which render it untenantable, except such as are mentioned in
section nineteen hundred and twenty-nine.

1941.1.  A dwelling shall be deemed untenantable for purposes of
Section 1941 if it substantially lacks any of the following
affirmative standard characteristics or is a residential unit
described in Section 17920.3 or 17920.10 of the Health and Safety
Code:
   (a) Effective waterproofing and weather protection of roof and
exterior walls, including unbroken windows and doors.
   (b) Plumbing or gas facilities that conformed to applicable law in
effect at the time of installation, maintained in good working
order.
   (c) A water supply approved under applicable law that is under the
control of the tenant, capable of producing hot and cold running
water, or a system that is under the control of the landlord, that
produces hot and cold running water, furnished to appropriate
fixtures, and connected to a sewage disposal system approved under
applicable law.
   (d) Heating facilities that conformed with applicable law at the
time of installation, maintained in good working order.
   (e) Electrical lighting, with wiring and electrical equipment that
conformed with applicable law at the time of installation,
maintained in good working order.
   (f) Building, grounds, and appurtenances at the time of the
commencement of the lease or rental agreement, and all areas under
control of the landlord, kept in every part clean, sanitary, and free
from all accumulations of debris, filth, rubbish, garbage, rodents,
and vermin.
   (g) An adequate number of appropriate receptacles for garbage and
rubbish, in clean condition and good repair at the time of the
commencement of the lease or rental agreement, with the landlord
providing appropriate serviceable receptacles thereafter and being
responsible for the clean condition and good repair of the
receptacles under his or her control.
   (h) Floors, stairways, and railings maintained in good repair.
   (i) A locking mail receptacle for each residential unit in a
residential hotel, as required by Section 17958.3 of the Health and
Safety Code. This subdivision shall become operative on July 1, 2008.

1941.2.  (a)  No duty on the part of the landlord to repair a
dilapidation shall arise under Section 1941 or 1942 if the tenant is
in substantial violation of any of the following affirmative
obligations, provided the tenant's violation contributes
substantially to the existence of the dilapidation or interferes
substantially with the landlord's obligation under Section 1941 to
effect the necessary repairs:
   (1) To keep that part of the premises which he occupies and uses
clean and sanitary as the condition of the premises permits.
   (2) To dispose from his dwelling unit of all rubbish, garbage and
other waste, in a clean and sanitary manner.
   (3) To properly use and operate all electrical, gas and plumbing
fixtures and keep them as clean and sanitary as their condition
permits.
   (4) Not to permit any person on the premises, with his permission,
to willfully or wantonly destroy, deface, damage, impair or remove
any part of the structure or dwelling unit or the facilities,
equipment, or appurtenances thereto, nor himself do any such thing.
   (5) To occupy the premises as his abode, utilizing portions
thereof for living, sleeping, cooking or dining purposes only which
were respectively designed or intended to be used for such
occupancies.
   (b) Paragraphs (1) and (2) of subdivision (a) shall not apply if
the landlord has expressly agreed in writing to perform the act or
acts mentioned therein.

1941.3.  (a) On and after July 1, 1998, the landlord, or his or her
agent, of a building intended for human habitation shall do all of
the following:
   (1) Install and maintain an operable dead bolt lock on each main
swinging entry door of a dwelling unit. The dead bolt lock shall be
installed in conformance with the manufacturer's specifications and
shall comply with applicable state and local codes including, but not
limited to, those provisions relating to fire and life safety and
accessibility for the disabled. When in the locked position, the bolt
shall extend a minimum of 13/16 of an inch in length beyond the
strike edge of the door and protrude into the doorjamb.
   This section shall not apply to horizontal sliding doors. Existing
dead bolts of at least one-half inch in length shall satisfy the
requirements of this section. Existing locks with a thumb-turn
deadlock that have a strike plate attached to the doorjamb and a
latch bolt that is held in a vertical position by a guard bolt, a
plunger, or an auxiliary mechanism shall also satisfy the
requirements of this section. These locks, however, shall be replaced
with a dead bolt at least 13/16 of an inch in length the first time
after July 1, 1998, that the lock requires repair or replacement.
   Existing doors which cannot be equipped with dead bolt locks shall
satisfy the requirements of this section if the door is equipped
with a metal strap affixed horizontally across the midsection of the
door with a dead bolt which extends 13/16 of an inch in length beyond
the strike edge of the door and protrudes into the doorjamb. Locks
and security devices other than those described herein which are
inspected and approved by an appropriate state or local government
agency as providing adequate security shall satisfy the requirements
of this section.
   (2) Install and maintain operable window security or locking
devices for windows that are designed to be opened. Louvered windows,
casement windows, and all windows more than 12 feet vertically or
six feet horizontally from the ground, a roof, or any other platform
are excluded from this subdivision.
   (3) Install locking mechanisms that comply with applicable fire
and safety codes on the exterior doors that provide ingress or egress
to common areas with access to dwelling units in multifamily
developments. This paragraph does not require the installation of a
door or gate where none exists on January 1, 1998.
   (b) The tenant shall be responsible for notifying the owner or his
or her authorized agent when the tenant becomes aware of an
inoperable dead bolt lock or window security or locking device in the
dwelling unit. The landlord, or his or her authorized agent, shall
not be liable for a violation of subdivision (a) unless he or she
fails to correct the violation within a reasonable time after he or
she either has actual notice of a deficiency or receives notice of a
deficiency.
   (c) On and after July 1, 1998, the rights and remedies of tenant
for a violation of this section by the landlord shall include those
available pursuant to Sections 1942, 1942.4, and 1942.5, an action
for breach of contract, and an action for injunctive relief pursuant
to Section 526 of the Code of Civil Procedure. Additionally, in an
unlawful detainer action, after a default in the payment of rent, a
tenant may raise the violation of this section as an affirmative
defense and shall have a right to the remedies provided by Section
1174.2 of the Code of Civil Procedure.
   (d) A violation of this section shall not broaden, limit, or
otherwise affect the duty of care owed by a landlord pursuant to
existing law, including any duty that may exist pursuant to Section
1714. The delayed applicability of the requirements of subdivision
(a) shall not affect a landlord's duty to maintain the premises in
safe condition.
   (e) Nothing in this section shall be construed to affect any
authority of any public entity that may otherwise exist to impose any
additional security requirements upon a landlord.
   (f) This section shall not apply to any building which has been
designated as historically significant by an appropriate local,
state, or federal governmental jurisdiction.
   (g) Subdivisions (a) and (b) shall not apply to any building
intended for human habitation which is managed, directly or
indirectly, and controlled by the Department of Transportation. This
exemption shall not be construed to affect the duty of the Department
of Transportation to maintain the premises of these buildings in a
safe condition or abrogate any express or implied statement or
promise of the Department of Transportation to provide secure
premises. Additionally, this exemption shall not apply to residential
dwellings acquired prior to July 1, 1997, by the Department of
Transportation to complete construction of state highway routes 710
and 238 and related interchanges.

1941.4.  The lessor of a building intended for the residential
occupation of human beings shall be responsible for installing at
least one usable telephone jack and for placing and maintaining the
inside telephone wiring in good working order, shall ensure that the
inside telephone wiring meets the applicable standards of the most
recent National Electrical Code as adopted by the Electronic Industry
Association, and shall make any required repairs. The lessor shall
not restrict or interfere with access by the telephone utility to its
telephone network facilities up to the demarcation point separating
the inside wiring.
   "Inside telephone wiring" for purposes of this section, means that
portion of the telephone wire that connects the telephone equipment
at the customer's premises to the telephone network at a demarcation
point determined by the telephone corporation in accordance with
orders of the Public Utilities Commission.

1942.  (a) If within a reasonable time after written or oral notice
to the landlord or his agent, as defined in subdivision (a) of
Section 1962, of dilapidations rendering the premises untenantable
which the landlord ought to repair, the landlord neglects to do so,
the tenant may repair the same himself where the cost of such repairs
does not require an expenditure more than one month's rent of the
premises and deduct the expenses of such repairs from the rent when
due, or the tenant may vacate the premises, in which case the tenant
shall be discharged from further payment of rent, or performance of
other conditions as of the date of vacating the premises. This remedy
shall not be available to the tenant more than twice in any 12-month
period.
   (b) For the purposes of this section, if a tenant acts to repair
and deduct after the 30th day following notice, he is presumed to
have acted after a reasonable time. The presumption established by
this subdivision is a rebuttable presumption affecting the burden of
producing evidence and shall not be construed to prevent a tenant
from repairing and deducting after a shorter notice if all the
circumstances require shorter notice.
   (c) The tenant's remedy under subdivision (a) shall not be
available if the condition was caused by the violation of Section
1929 or 1941.2.
   (d) The remedy provided by this section is in addition to any
other remedy provided by this chapter, the rental agreement, or other
applicable statutory or common law.

1942.1.  Any agreement by a lessee of a dwelling waiving or
modifying his rights under Section 1941 or 1942 shall be void as
contrary to public policy with respect to any condition which renders
the premises untenantable, except that the lessor and the lessee may
agree that the lessee shall undertake to improve, repair or maintain
all or stipulated portions of the dwelling as part of the
consideration for rental.
   The lessor and lessee may, if an agreement is in writing, set
forth the provisions of Sections 1941 to 1942.1, inclusive, and
provide that any controversy relating to a condition of the premises
claimed to make them untenantable may by application of either party
be submitted to arbitration, pursuant to the provisions of Title 9
(commencing with Section 1280), Part 3 of the Code of Civil
Procedure, and that the costs of such arbitration shall be
apportioned by the arbitrator between the parties.

1942.2.  A tenant who has made a payment to a utility pursuant to
Section 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or 16481.1
of the Public Utilities Code may deduct the payment from the rent as
provided in that section.

1942.3.  (a) In any unlawful detainer action by the landlord to
recover possession from a tenant, a rebuttable presumption affecting
the burden of producing evidence that the landlord has breached the
habitability requirements in Section 1941 is created if all of the
following conditions exist:
   (1) The dwelling substantially lacks any of the affirmative
standard characteristics listed in Section 1941.1, is deemed and
declared substandard pursuant to Section 17920.3 of the Health and
Safety Code, or contains lead hazards as defined in Section 17920.10
of the Health and Safety Code.
   (2) A public officer or employee who is responsible for the
enforcement of any housing law has notified the landlord, or an agent
of the landlord, in a written notice issued after inspection of the
premises which informs the landlord of his or her obligation to abate
the nuisance or repair the substandard or unsafe conditions
identified under the authority described in paragraph (1).
   (3) The conditions have existed and have not been abated 60 days
beyond the date of issuance of the notice specified in paragraph (2)
and the delay is without good cause.
   (4) The conditions were not caused by an act or omission of the
tenant or lessee in violation of Section 1929 or 1941.2.
   (b) The presumption specified in subdivision (a) does not arise
unless all of the conditions set forth therein are proven, but
failure to so establish the presumption shall not otherwise affect
the right of the tenant to raise and pursue any defense based on the
landlord's breach of the implied warranty of habitability.
   (c) The presumption provided in this section shall apply only to
rental agreements or leases entered into or renewed on or after
January 1, 1986.

1942.4.  (a) A landlord of a dwelling may not demand rent, collect
rent, issue a notice of a rent increase, or issue a three-day notice
to pay rent or quit pursuant to subdivision (2) of Section 1161 of
the Code of Civil Procedure, if all of the following conditions exist
prior to the landlord's demand or notice:
   (1) The dwelling substantially lacks any of the affirmative
standard characteristics listed in Section 1941.1 or violates Section
17920.10 of the Health and Safety Code, or is deemed and declared
substandard as set forth in Section 17920.3 of the Health and Safety
Code because conditions listed in that section exist to an extent
that endangers the life, limb, health, property, safety, or welfare
of the public or the occupants of the dwelling.
   (2) A public officer or employee who is responsible for the
enforcement of any housing law, after inspecting the premises, has
notified the landlord or the landlord's agent in writing of his or
her obligations to abate the nuisance or repair the substandard
conditions.
   (3) The conditions have existed and have not been abated 35 days
beyond the date of service of the notice specified in paragraph (2)
and the delay is without good cause. For purposes of this
subdivision, service shall be complete at the time of deposit in the
United States mail.
   (4) The conditions were not caused by an act or omission of the
tenant or lessee in violation of Section 1929 or 1941.2.
   (b) (1) A landlord who violates this section is liable to the
tenant or lessee for the actual damages sustained by the tenant or
lessee and special damages of not less than one hundred dollars
($100) and not more than five thousand dollars ($5,000).
   (2) The prevailing party shall be entitled to recovery of
reasonable attorney's fees and costs of the suit in an amount fixed
by the court.
   (c) Any court that awards damages under this section may also
order the landlord to abate any nuisance at the rental dwelling and
to repair any substandard conditions of the rental dwelling, as
defined in Section 1941.1, which significantly or materially affect
the health or safety of the occupants of the rental dwelling and are
uncorrected. If the court orders repairs or corrections, or both, the
court's jurisdiction continues over the matter for the purpose of
ensuring compliance.
   (d) The tenant or lessee shall be under no obligation to undertake
any other remedy prior to exercising his or her rights under this
section.
   (e) Any action under this section may be maintained in small
claims court if the claim does not exceed the jurisdictional limit of
that court.
   (f) The remedy provided by this section may be utilized in
addition to any other remedy provided by this chapter, the rental
agreement, lease, or other applicable statutory or common law.
Nothing in this section shall require any landlord to comply with
this section if he or she pursues his or her rights pursuant to
Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1
of the Government Code.

1942.5.  (a) If the lessor retaliates against the lessee because of
the exercise by the lessee of his rights under this chapter or
because of his complaint to an appropriate agency as to tenantability
of a dwelling, and if the lessee of a dwelling is not in default as
to the payment of his rent, the lessor may not recover possession of
a dwelling in any action or proceeding, cause the lessee to quit
involuntarily, increase the rent, or decrease any services within 180
days of any of the following:
   (1) After the date upon which the lessee, in good faith, has given
notice pursuant to Section 1942, or has made an oral complaint to
the lessor regarding tenantability.
   (2) After the date upon which the lessee, in good faith, has filed
a written complaint, or an oral complaint which is registered or
otherwise recorded in writing, with an appropriate agency, of which
the lessor has notice, for the purpose of obtaining correction of a
condition relating to tenantability.
   (3) After the date of an inspection or issuance of a citation,
resulting from a complaint described in paragraph (2) of which the
lessor did not have notice.
   (4) After the filing of appropriate documents commencing a
judicial or arbitration proceeding involving the issue of
tenantability.
   (5) After entry of judgment or the signing of an arbitration
award, if any, when in the judicial proceeding or arbitration the
issue of tenantability is determined adversely to the lessor.
   In each instance, the 180-day period shall run from the latest
applicable date referred to in paragraphs (1) to (5), inclusive.
   (b) A lessee may not invoke subdivision (a) more than once in any
12-month period.
   (c) It is unlawful for a lessor to increase rent, decrease
services, cause a lessee to quit involuntarily, bring an action to
recover possession, or threaten to do any of those acts, for the
purpose of retaliating against the lessee because he or she has
lawfully organized or participated in a lessees' association or an
organization advocating lessees' rights or has lawfully and peaceably
exercised any rights under the law. In an action brought by or
against the lessee pursuant to this subdivision, the lessee shall
bear the burden of producing evidence that the lessor's conduct was,
in fact, retaliatory.
   (d) Nothing in this section shall be construed as limiting in any
way the exercise by the lessor of his or her rights under any lease
or agreement or any law pertaining to the hiring of property or his
or her right to do any of the acts described in subdivision (a) or
(c) for any lawful cause. Any waiver by a lessee of his or her rights
under this section is void as contrary to public policy.
   (e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor
may recover possession of a dwelling and do any of the other acts
described in subdivision (a) within the period or periods prescribed
therein, or within subdivision (c), if the notice of termination,
rent increase, or other act, and any pleading or statement of issues
in an arbitration, if any, states the ground upon which the lessor,
in good faith, seeks to recover possession, increase rent, or do any
of the other acts described in subdivision (a) or (c). If the
statement is controverted, the lessor shall establish its truth at
the trial or other hearing.
   (f) Any lessor or agent of a lessor who violates this section
shall be liable to the lessee in a civil action for all of the
following:
   (1) The actual damages sustained by the lessee.
   (2) Punitive damages in an amount of not less than one hundred
dollars ($100) nor more than two thousand dollars ($2,000) for each
retaliatory act where the lessor or agent has been guilty of fraud,
oppression, or malice with respect to that act.
   (g) In any action brought for damages for retaliatory eviction,
the court shall award reasonable attorney's fees to the prevailing
party if either party requests attorney's fees upon the initiation of
the action.
   (h) The remedies provided by this section shall be in addition to
any other remedies provided by statutory or decisional law.

1942.6.  Any person entering onto residential real property, upon
the invitation of an occupant, during reasonable hours or because of
emergency circumstances, for the purpose of providing information
regarding tenants' rights or to participate in a lessees' association
or association of tenants or an association that advocates tenants'
rights shall not be liable in any criminal or civil action for
trespass.
   The Legislature finds and declares that this section is
declaratory of existing law. Nothing in this section shall be
construed to enlarge or diminish the rights of any person under
existing law.

1943.  A hiring of real property, other than lodgings and
dwelling-houses, in places where there is no custom or usage on the
subject, is presumed to be a month to month tenancy unless otherwise
designated in writing; except that, in the case of real property used
for agricultural or grazing purposes a hiring is presumed to be for
one year from its commencement unless otherwise expressed in the
hiring.

1944.  A hiring of lodgings or a dwelling house for an unspecified
term is presumed to have been made for such length of time as the
parties adopt for the estimation of the rent. Thus a hiring at a
monthly rate of rent is presumed to be for one month. In the absence
of any agreement respecting the length of time or the rent, the
hiring is presumed to be monthly.

1945.  If a lessee of real property remains in possession thereof
after the expiration of the hiring, and the lessor accepts rent from
him, the parties are presumed to have renewed the hiring on the same
terms and for the same time, not exceeding one month when the rent is
payable monthly, nor in any case one year.

1945.5.  Notwithstanding any other provision of law, any term of a
lease executed after the effective date of this section for the
hiring of residential real property which provides for the automatic
renewal or extension of the lease for all or part of the full term of
the lease if the lessee remains in possession after the expiration
of the lease or fails to give notice of his intent not to renew or
extend before the expiration of the lease shall be voidable by the
party who did not prepare the lease unless such renewal or extension
provision appears in at least eight-point boldface type, if the
contract is printed, in the body of the lease agreement and a recital
of the fact that such provision is contained in the body of the
agreement appears in at least eight-point boldface type, if the
contract is printed, immediately prior to the place where the lessee
executes the agreement. In such case, the presumption in Section 1945
of this code shall apply.
   Any waiver of the provisions of this section is void as against
public policy.

1946.  A hiring of real property, for a term not specified by the
parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives
written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the
hiring itself, not exceeding 30 days; provided, however, that as to
tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time
and the rent shall be due and payable to and including the date of
termination. It shall be competent for the parties to provide by an
agreement at the time such tenancy is created that a notice of the
intention to terminate the same may be given at any time not less
than seven days before the expiration of the term thereof. The notice
herein required shall be given in the manner prescribed in Section
1162 of the Code of Civil Procedure or by sending a copy by certified
or registered mail addressed to the other party. In addition, the
lessee may give such notice by sending a copy by certified or
registered mail addressed to the agent of the lessor to whom the
lessee has paid the rent for the month prior to the date of such
notice or by delivering a copy to the agent personally.

1946.1.  (a) Notwithstanding Section 1946, a hiring of residential
real property for a term not specified by the parties, is deemed to
be renewed as stated in Section 1945, at the end of the term implied
by law unless one of the parties gives written notice to the other of
his or her intention to terminate the tenancy, as provided in this
section.
   (b) An owner of a residential dwelling giving notice pursuant to
this section shall give notice at least 60 days prior to the proposed
date of termination. A tenant giving notice pursuant to this section
shall give notice for a period at least as long as the term of the
periodic tenancy prior to the proposed date of termination.
   (c) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if any tenant
or resident has resided in the dwelling for less than one year.
   (d) Notwithstanding subdivision (b), an owner of a residential
dwelling giving notice pursuant to this section shall give notice at
least 30 days prior to the proposed date of termination if all of the
following apply:
   (1) The dwelling or unit is alienable separate from the title to
any other dwelling unit.
   (2) The owner has contracted to sell the dwelling or unit to a
bona fide purchaser for value, and has established an escrow with a
licensed escrow agent, as defined in Sections 17004 and 17200 of the
Financial Code, or a licensed real estate broker, as defined in
Section 10131 of the Business and Professions Code.
   (3) The purchaser is a natural person or persons.
   (4) The notice is given no more than 120 days after the escrow has
been established.
   (5) Notice was not previously given to the tenant pursuant to this
section.
   (6) The purchaser in good faith intends to reside in the property
for at least one full year after the termination of the tenancy.
   (e) After an owner has given notice of his or her intention to
terminate the tenancy pursuant to this section, a tenant may also
give notice of his or her intention to terminate the tenancy pursuant
to this section, provided that the tenant's notice is for a period
at least as long as the term of the periodic tenancy and the proposed
date of termination occurs before the owner's proposed date of
termination.
   (f) The notices required by this section shall be given in the
manner prescribed in Section 1162 of the Code of Civil Procedure or
by sending a copy by certified or registered mail.
   (g) This section may not be construed to affect the authority of a
public entity that otherwise exists to regulate or monitor the basis
for eviction.

1946.5.  (a) The hiring of a room by a lodger on a periodic basis
within a dwelling unit occupied by the owner may be terminated by
either party giving written notice to the other of his or her
intention to terminate the hiring, at least as long before the
expiration of the term of the hiring as specified in Section 1946.
The notice shall be given in a manner prescribed in Section 1162 of
the Code of Civil Procedure or by certified or registered mail,
restricted delivery, to the other party, with a return receipt
requested.
   (b) Upon expiration of the notice period provided in the notice of
termination given pursuant to subdivision (a), any right of the
lodger to remain in the dwelling unit or any part thereof is
terminated by operation of law. The lodger's removal from the
premises may thereafter be effected pursuant to the provisions of
Section 602.3 of the Penal Code or other applicable provisions of
law.
   (c) As used in this section, "lodger" means a person contracting
with the owner of a dwelling unit for a room or room and board within
the dwelling unit personally occupied by the owner, where the owner
retains a right of access to all areas of the dwelling unit occupied
by the lodger and has overall control of the dwelling unit.
   (d) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.

1946.7.  (a) A tenant may notify the landlord that he or she or a
household member was a victim of an act that constitutes an act of
domestic violence as defined in Section 6211 of the Family Code,
sexual assault as defined in Sections 261, 261.5, 262, 286, 288a, or
289 of the Penal Code, or stalking as defined in Section 1708.7, and
that the tenant intends to terminate the tenancy.
   (b) A notice to terminate a tenancy under this section shall be in
writing, with one of the following attached to the notice:
   (1) A copy of a temporary restraining order or emergency
protective order lawfully issued pursuant to Part 3 (commencing with
Section 6300) or Part 4 (commencing with Section 6400) of the Family
Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of
Civil Procedure, or Section 213.5 of the Welfare and Institutions
Code that protects the tenant or household member from further
domestic violence, sexual assault, or stalking.
   (2) A copy of a written report by a peace officer employed by a
state or local law enforcement agency acting in his or her official
capacity, stating that the tenant or household member has filed a
report alleging that he or she or the household member is a victim of
domestic violence, sexual assault, or stalking.
   (c) The notice to terminate the tenancy shall be given within 60
days of the date that any order described in paragraph (1) of
subdivision (b) was issued, within 60 days of the date that any
written report described in paragraph (2) of subdivision (b) was
made, or within the time period described in Section 1946.
   (d) If notice to terminate the tenancy is provided to the landlord
under this section, the tenant shall be responsible for payment of
rent for 30 days following the giving of the notice, or within the
appropriate period as described in Section 1946, and thereafter shall
be released from any rent payment obligation under the rental
agreement without penalty. Existing law governing the security
deposit shall apply.
   (e) If within the 30 days following the giving of the notice under
this section the tenant quits the premises and the premises are
rented to another party, the rent due on the premises for that 30-day
period shall be prorated. Existing law governing the security
deposit shall apply.
   (f) Nothing in this section relieves a tenant, other than the
tenant who is, or who has a household member who is, a victim of
domestic violence, sexual assault, or stalking and members of that
tenant's household, from their obligations under the rental
agreement.
   (g) "Household member" as used in this section means a member of
the tenant's family who lives in the same household as the tenant.

1947.  When there is no usage or contract to the contrary, rents are
payable at the termination of the holding, when it does not exceed
one year. If the holding is by the day, week, month, quarter, or
year, rent is payable at the termination of the respective periods,
as it successively becomes due.

1947.3.  (a) (1) Except as provided in paragraph (2), a landlord or
a landlord's agent may not demand or require cash as the exclusive
form of payment of rent or deposit of security.
   (2) A landlord or a landlord's agent may demand or require cash as
the exclusive form of payment of rent or deposit of security if the
tenant has previously attempted to pay the landlord or landlord's
agent with a check drawn on insufficient funds or the tenant has
instructed the drawee to stop payment on a check, draft, or order for
the payment of money. The landlord may demand or require cash as the
exclusive form of payment only for a period not exceeding three
months following an attempt to pay with a check on insufficient funds
or following a tenant's instruction to stop payment. If the landlord
chooses to demand or require cash payment under these circumstances,
the landlord shall give the tenant a written notice stating that the
payment instrument was dishonored and informing the tenant that the
tenant shall pay in cash for a period determined by the landlord, not
to exceed three months, and attach a copy of the dishonored
instrument to the notice. The notice shall comply with Section 827 if
demanding or requiring payment in cash constitutes a change in the
terms of the lease.
   (3) Paragraph (2) does not enlarge or diminish a landlord's or
landlord's agent's legal right to terminate a tenancy.
   (b) For the purposes of this section, the issuance of a money
order or a cashier's check is direct evidence only that the
instrument was issued.
   (c) A waiver of the provisions of this section is contrary to
public policy, and is void and unenforceable.

1947.7.  (a) The Legislature finds and declares that the operation
of local rent stabilization programs can be complex and that disputes
often arise with regard to standards of compliance with the
regulatory processes of those programs. Therefore, it is the intent
of the Legislature to limit the imposition of penalties and sanctions
against an owner of residential rental units where that person has
attempted in good faith to fully comply with the regulatory
processes.
   (b) An owner of a residential rental unit who is in substantial
compliance with an ordinance or charter that controls or establishes
a system of controls on the price at which residential rental units
may be offered for rent or lease and which requires the registration
of rents, or any regulation adopted pursuant thereto, shall not be
assessed a penalty or any other sanction for noncompliance with the
ordinance, charter, or regulation.
   Restitution to the tenant or recovery of the registration or
filing fees due to the local agency shall be the exclusive remedies
which may be imposed against an owner of a residential rental unit
who is in substantial compliance with the ordinance, charter, or
regulation.
   "Substantial compliance," as used in this subdivision, means that
the owner of a residential rental unit has made a good faith attempt
to comply with the ordinance, charter, or regulation sufficient to
reasonably carry out the intent and purpose of the ordinance,
charter, or regulation, but is not in full compliance, and has, after
receiving notice of a deficiency from the local agency, cured the
defect in a timely manner, as reasonably determined by the local
agency.
   "Local agency," as used in this subdivision, means the public
entity responsible for the implementation of the ordinance, charter,
or regulation.
   (c) For any residential unit which has been registered and for
which a base rent has been listed or for any residential unit which
an owner can show, by a preponderance of the evidence, a good faith
attempt to comply with the registration requirements or who was
exempt from registration requirements in a previous version of the
ordinance or charter and for which the owner of that residential unit
has subsequently found not to have been in compliance with the
ordinance, charter, or regulation, all annual rent adjustments which
may have been denied during the period of the owner's noncompliance
shall be restored prospectively once the owner is in compliance with
the ordinance, charter, or regulation.
   (d) In those jurisdictions where, prior to January 1, 1990, the
local ordinance did not allow the restoration of annual rent
adjustment, once the owner is in compliance with this section the
local agency may phase in any increase in rent caused by the
restoration of the annual rent adjustments that is in excess of 20
percent over the rent previously paid by the tenant, in equal
installments over three years, if the tenant demonstrates undue
financial hardship due to the restoration of the full annual rent
adjustments. This subdivision shall remain operative only until
January 1, 1993, unless a later enacted statute which is chaptered by
January 1, 1993, deletes or extends that date.
   (e) For purposes of this subdivision, an owner shall be deemed in
compliance with the ordinance, charter, or regulation if he or she is
in substantial compliance with the applicable local rental
registration requirements and applicable local and state housing code
provisions, has paid all fees and penalties owed to the local agency
which have not otherwise been barred by the applicable statute of
limitations, and has satisfied all claims for refunds of rental
overcharges brought by tenants or by the local rent control board on
behalf of tenants of the affected unit.
   (f) Nothing in this section shall be construed to grant to any
public entity any power which it does not possess independent of this
section to control or establish a system of control on the price at
which accommodations may be offered for rent or lease, or to diminish
any power to do so which that public entity may possess, except as
specifically provided in this section.
   (g) In those jurisdictions where an ordinance or charter controls,
or establishes a system of controls on, the price at which
residential rental units may be offered for rent or lease and
requires the periodic registration of rents, and where, for purposes
of compliance with subdivision (e) of Section 1954.53, the local
agency requires an owner to provide the name of a present or former
tenant, the tenant's name and any additional information provided
concerning the tenant, is confidential and shall be treated as
confidential information within the meaning of the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of
Title 1.8 of this part). A local agency shall, to the extent required
by this subdivision, be considered an "agency" as defined in
subdivision (b) of Section 1798.3. For purposes of compliance with
subdivision (e) of Section 1954.53, a local agency subject to this
subdivision may request, but shall not compel, an owner to provide
any information regarding a tenant other than the tenant's name.

1947.8.  (a) If an ordinance or charter controls or establishes a
system of controls on the price at which residential rental units may
be offered for rent or lease and requires the registration of rents,
the ordinance or charter, or any regulation adopted pursuant
thereto, shall provide for the establishment and certification of
permissible rent levels for the registered rental units, and any
changes thereafter to those rent levels, by the local agency as
provided in this section.
   (b) If the ordinance, charter, or regulation is in effect on
January 1, 1987, the ordinance, charter, or regulation shall provide
for the establishment and certification of permissible rent levels on
or before January 1, 1988, including completion of all appeals and
administrative proceedings connected therewith. After July 1, 1990,
no local agency may maintain any action to recover excess rent
against any property owner who has registered the unit with the local
agency within the time limits set forth in this section if the
initial certification of permissible rent levels affecting that
particular property has not been completed, unless the delay is
willfully and intentionally caused by the property owner or is a
result of court proceedings or further administrative proceedings
ordered by a court. If the ordinance, charter, or regulation is
adopted on or after January 1, 1987, the ordinance, charter, or
regulation shall provide for the establishment and certification of
permissible rent levels within one year after it is adopted,
including completion of all appeals and administrative proceedings
connected therewith. Upon the request of the landlord or the tenant,
the local agency shall provide the landlord and the tenant with a
certificate or other documentation reflecting the permissible rent
levels of the rental unit. A landlord may request a certificate of
permissible rent levels for rental units which have a base rent
established, but which are vacant and not exempt from registration
under this section. The landlord or the tenant may appeal the
determination of the permissible rent levels reflected in the
certificate. The permissible rent levels reflected in the certificate
or other documentation shall, in the absence of intentional
misrepresentation or fraud, be binding and conclusive upon the local
agency unless the determination of the permissible rent levels is
being appealed.
   (c) After the establishment and certification of permissible rent
levels under subdivision (b), the local agency shall, upon the
request of the landlord or the tenant, provide the landlord and the
tenant with a certificate of the permissible rent levels of the
rental unit. The certificate shall be issued within five business
days from the date of request by the landlord or the tenant. The
permissible rent levels reflected in the certificate shall, in the
absence of intentional misrepresentation or fraud, be binding and
conclusive upon the local agency unless the determination of the
permissible rent levels is being appealed. The landlord or the tenant
may appeal the determination of the permissible rent levels
reflected in the certificate. Any appeal of a determination of
permissible rent levels as reflected in the certificate, other than
an appeal made pursuant to subdivision (b), shall be filed with the
local agency within 15 days from issuance of the certificate. The
local agency shall notify, in writing, the landlord and the tenant of
its decision within 60 days following the filing of the appeal.
   (d) The local agency may charge the person to whom a certificate
is issued a fee in the amount necessary to cover the reasonable costs
incurred by the local agency in issuing the certificate.
   (e) The absence of a certification of permissible rent levels
shall not impair, restrict, abridge, or otherwise interfere with
either of the following:
   (1) A judicial or administrative hearing.
   (2) Any matter in connection with a conveyance of an interest in
property.
   (f) The record of permissible rent levels is a public record for
purposes of the California Public Records Act, Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code.
   (g) Any notice specifying the rents applicable to residential
rental units which is given by an owner to a public entity or tenant
in order to comply with Chapter 12.75 (commencing with Section 7060)
of Division 7 of Title 1 of the Government Code shall not be
considered a registration of rents for purposes of this section.
   (h) "Local agency," as used in this section, means the public
entity responsible for the implementation of the ordinance, charter,
or regulation.
   (i) Nothing in this section shall be construed to grant to any
public entity any power which it does not possess independent of this
section to control or establish a system of control on the price at
which accommodations may be offered for rent or lease, or to diminish
any such power which that public entity may possess, except as
specifically provided in this section.

1947.10.  (a) After July 1, 1990, in any city, county, or city and
county which administers a system of controls on the price at which
residential rental units may be offered for rent or lease and which
requires the registration of rents, any owner who evicts a tenant
based upon the owner's or the owner's immediate relative's intention
to occupy the tenant's unit, shall be required to maintain residence
in the unit for at least six continuous months. If a court determines
that the eviction was based upon fraud by the owner or the owner's
immediate relative to not fulfill this six-month requirement, a court
may order the owner to pay treble the cost of relocating the tenant
from his or her existing unit back into the previous unit and may
order the owner to pay treble the amount of any increase in rent
which the tenant has paid. If the tenant decides not to relocate back
into the previous unit, the court may order the owner to pay treble
the amount of one month's rent paid by the tenant for the unit from
which he or she was evicted and treble the amount of any costs
incurred in relocating to a different unit. The prevailing party
shall be awarded attorney's fees and court costs.
   (b) The remedy provided by this section shall not be construed to
prohibit any other remedies available to a any party affected by this
section.

1947.11.  (a) In any city, county, or city and county which
administers a system of controls on the price at which residential
rental units may be offered for rent or lease and which requires the
registration of rents, upon the establishment of a certified rent
level, any owner who charges rent to a tenant in excess of the
certified lawful rent ceiling shall refund the excess rent to the
tenant upon demand. If the owner refuses to refund the excess rent
and if a court determines that the owner willfully or intentionally
charged the tenant rent in excess of the certified lawful rent
ceiling, the court shall award the tenant a judgment for the excess
amount of rent and may treble that amount. The prevailing party shall
be awarded attorney's fees and court costs.
   (b) The remedy provided by this section shall not be construed to
prohibit any other remedies available to any party affected by this
section.
   (c) This section shall not be construed to extend the time within
which actions are required to be brought beyond the otherwise
applicable limitation set forth in the Code of Civil Procedure.

1947.15.  (a) The Legislature declares the purpose of this section
is to:
   (1) Ensure that owners of residential rental units that are
subject to a system of controls on the price at which the units may
be offered for rent or lease, or controls on the adjustment of the
rent level, are not precluded or discouraged from obtaining a fair
return on their properties as guaranteed by the United States
Constitution and California Constitution because the professional
expenses reasonably required in the course of the administrative
proceedings, in order to obtain the rent increases necessary to
provide a fair return, are not treated as a legitimate business
expense.
   (2) Encourage agencies which administer a system of controls on
the price at which residential rental units may be offered for rent
or lease, or controls the adjustment of the rent level, to enact
streamlined administrative procedures governing rent adjustment
petitions which minimize, to the extent possible, the cost and
expense of these administrative proceedings.
   (3) Ensure that the cost of professional services reasonably
incurred and required by owners of residential rental units subject
to a system of controls in the price at which the units may be
offered for rent or lease, or controls on the adjustments of the rent
level in the course of defending rights related to the rent control
system, be treated as a legitimate business expense.
   (b) Any city, county, or city and county, including a charter
city, which administers an ordinance, charter provision, rule, or
regulation that controls or establishes a system of controls on the
price at which all or any portion of the residential rental units
located within the city, county, or city and county, may be offered
for rent or lease, or controls the adjustment of the rent level, and
which does not include a system of vacancy decontrol, as defined in
subdivision (i), shall permit reasonable expenses, fees, and other
costs for professional services, including, but not limited to,
legal, accounting, appraisal, bookkeeping, consulting, property
management, or architectural services, reasonably incurred in the
course of successfully pursuing rights under or in relationship to,
that ordinance, charter provision, rule, or regulation, or the right
to a fair return on an owner's property as protected by the United
States Constitution or California Constitution, to be included in any
calculation of net operating income and operating expenses used to
determine a fair return to the owner of the property. All expenses,
fees, and other costs reasonably incurred by an owner of property in
relation to administrative proceedings for purposes specified in this
subdivision shall be included in the calculation specified in this
subdivision.
   (c) Reasonable fees that are incurred by the owner in successfully
obtaining a judicial reversal of an adverse administrative decision
regarding a petition for upward adjustment of rents shall be assessed
against the respondent public agency which issued the adverse
administrative decision, and shall not be included in the
calculations specified in subdivisions (b) and (d).
   (d) (1) Notwithstanding subdivision (b), the city, county, or city
and county, on the basis of substantial evidence in the record that
the expenses reasonably incurred in the underlying proceeding will
not reoccur annually, may amortize the expenses for a period not to
exceed five years, except that in extraordinary circumstances, the
amortization period may be extended to a period of eight years. The
extended amortization period shall not apply to vacant units and
shall end if the unit becomes vacant during the period that the
expense is being amortized. An amortization schedule shall include a
reasonable rate of interest.
   (2) Any determination of the reasonableness of the expenses
claimed, of an appropriate amortization period, or of the award of an
upward adjustment of rents to compensate the owner for expenses and
costs incurred shall be made as part of, or immediately following,
the decision in the underlying administrative proceeding.
   (e) Any and all of the following factors shall be considered in
the determination of the reasonableness of the expenses, fees, or
other costs authorized by this section:
   (1) The rate charged for those professional services in the
relevant geographic area.
   (2) The complexity of the matter.
   (3) The degree of administrative burden or judicial burden, or
both, imposed upon the property owner.
   (4) The amount of adjustment sought or the significance of the
rights defended and the results obtained.
   (5) The relationship of the result obtained to the expenses, fees,
and other costs incurred (that is, whether professional assistance
was reasonably related to the result achieved).
   (f) This section shall not be applicable to any ordinance, rule,
regulation, or charter provision of any city, county, or city and
county, including a charter city, to the extent that the ordinance,
rule, or regulation, or charter provision places a limit on the
amount of rent that an owner may charge a tenant of a mobilehome
park.
   (g) For purposes of this section, the rights of a property owner
shall be deemed to be successfully pursued or defended if the owner
obtains an upward adjustment in rents, successfully defends his or
her rights in an administrative proceeding brought by the tenant or
the local rent board, or prevails in a proceeding, brought pursuant
to Section 1947.8 concerning certification of maximum lawful rents.
   (h) (1) If it is determined that a landlord petition assisted by
attorneys or consultants is wholly without merit, the tenant shall be
awarded a reduction in rent to compensate for the reasonable costs
of attorneys or consultants retained by the tenant to defend the
petition brought by the landlord. The reasonableness of the costs of
the tenant's defense of the action brought by the landlord shall be
determined pursuant to the same provisions established by this
section for determining the reasonableness of the landlord's costs
for the professional services. The determination of the
reasonableness of the expenses claimed, an appropriate amortization
period, and the award of a reduction in rents to compensate the
tenant for costs incurred shall be made immediately following the
decision in the underlying administrative proceeding.
   (2) If it is determined that a landlord's appeal of an adverse
administrative decision is frivolous or solely intended to cause
unnecessary delay, the public agency which defended the action shall
be awarded its reasonably incurred expenses, including attorney's
fees, in defending the action. As used in this paragraph, "frivolous"
means either (A) totally and completely without merit; or (B) for
the sole purpose of harassing an opposing party.
   (i) For purposes of this section, the following terms shall have
the following meanings:
   (1) "Vacancy decontrol" means a system of controls on the price at
which residential rental units may be offered for rent or lease
which permits the rent to be increased to its market level, without
restriction, each time a vacancy occurs. "Vacancy decontrol" includes
systems which reimpose controls on the price at which residential
rental units may be offered for rent or lease upon rerental of the
unit.
   (2) "Vacancy decontrol" includes circumstances where the tenant
vacates the unit of his or her own volition, or where the local
jurisdiction permits the rent to be raised to market rate after an
eviction for cause, as specified in the ordinance, charter provision,
rule, or regulation.
   (j) This section shall not be construed to affect in any way the
ability of a local agency to set its own fair return standards or to
limit other actions under its local rent control program other than
those expressly set forth in this section.
   (k) This section is not operative unless the Costa-Hawkins Rental
Housing Act (Chapter 2.7 (commencing with Section 1954.50) of Title 5
of Part 4 of Division 3) is repealed.

1948.  The attornment of a tenant to a stranger is void, unless it
is made with the consent of the landlord, or in consequence of a
judgment of a Court of competent jurisdiction.

1949.  Every tenant who receives notice of any proceeding to recover
the real property occupied by him or her, or the possession of the
real property, shall immediately inform his or her landlord of the
proceeding, and also deliver to the landlord the notice, if in
writing, and is responsible to the landlord for all damages which he
or she may sustain by reason of any omission to inform the landlord
of the notice, or to deliver it to him or her if in writing.

1950.  One who hires part of a room for a dwelling is entitled to
the whole of the room, notwithstanding any agreement to the contrary;
and if a landlord lets a room as a dwelling for more than one
family, the person to whom he first lets any part of it is entitled
to the possession of the whole room for the term agreed upon, and
every tenant in the building, under the same landlord, is relieved
from all obligation to pay rent to him while such double letting of
any room continues.

1950.5.  (a) This section applies to security for a rental agreement
for residential property that is used as the dwelling of the tenant.
   (b) As used in this section, "security" means any payment, fee,
deposit or charge, including, but not limited to, any payment, fee,
deposit, or charge, except as provided in Section 1950.6, that is
imposed at the beginning of the tenancy to be used to reimburse the
landlord for costs associated with processing a new tenant or that is
imposed as an advance payment of rent, used or to be used for any
purpose, including, but not limited to, any of the following:
   (1) The compensation of a landlord for a tenant's default in the
payment of rent.
   (2) The repair of damages to the premises, exclusive of ordinary
wear and tear, caused by the tenant or by a guest or licensee of the
tenant.
   (3) The cleaning of the premises upon termination of the tenancy
necessary to return the unit to the same level of cleanliness it was
in at the inception of the tenancy. The amendments to this paragraph
enacted by the act adding this sentence shall apply only to tenancies
for which the tenant's right to occupy begins after January 1, 2003.
   (4) To remedy future defaults by the tenant in any obligation
under the rental agreement to restore, replace, or return personal
property or appurtenances, exclusive of ordinary wear and tear, if
the security deposit is authorized to be applied thereto by the
rental agreement.
   (c) A landlord may not demand or receive security, however
denominated, in an amount or value in excess of an amount equal to
two months' rent, in the case of unfurnished residential property,
and an amount equal to three months' rent, in the case of furnished
residential property, in addition to any rent for the first month
paid on or before initial occupancy.
   This subdivision does not prohibit an advance payment of not less
than six months' rent if the term of the lease is six months or
longer.
   This subdivision does not preclude a landlord and a tenant from
entering into a mutual agreement for the landlord, at the request of
the tenant and for a specified fee or charge, to make structural,
decorative, furnishing, or other similar alterations, if the
alterations are other than cleaning or repairing for which the
landlord may charge the previous tenant as provided by subdivision
(e).
   (d) Any security shall be held by the landlord for the tenant who
is party to the lease or agreement. The claim of a tenant to the
security shall be prior to the claim of any creditor of the landlord.
   (e) The landlord may claim of the security only those amounts as
are reasonably necessary for the purposes specified in subdivision
(b). The landlord may not assert a claim against the tenant or the
security for damages to the premises or any defective conditions that
preexisted the tenancy, for ordinary wear and tear or the effects
thereof, whether the wear and tear preexisted the tenancy or occurred
during the tenancy, or for the cumulative effects of ordinary wear
and tear occurring during any one or more tenancies.
   (f) (1) Within a reasonable time after notification of either
party's intention to terminate the tenancy, or before the end of the
lease term, the landlord shall notify the tenant in writing of his or
her option to request an initial inspection and of his or her right
to be present at the inspection. The requirements of this subdivision
do not apply when the tenancy is terminated pursuant to subdivision
(2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At a
reasonable time, but no earlier than two weeks before the
termination or the end of lease date, the landlord, or an agent of
the landlord, shall, upon the request of the tenant, make an initial
inspection of the premises prior to any final inspection the landlord
makes after the tenant has vacated the premises. The purpose of the
initial inspection shall be to allow the tenant an opportunity to
remedy identified deficiencies, in a manner consistent with the
rights and obligations of the parties under the rental agreement, in
order to avoid deductions from the security. If a tenant chooses not
to request an initial inspection, the duties of the landlord under
this subdivision are discharged. If an inspection is requested, the
parties shall attempt to schedule the inspection at a mutually
acceptable date and time. The landlord shall give at least 48 hours'
prior written notice of the date and time of the inspection if either
a mutual time is agreed upon, or if a mutually agreed time cannot be
scheduled but the tenant still wishes an inspection. The tenant and
landlord may agree to forgo the 48-hour prior written notice by both
signing a written waiver. The landlord shall proceed with the
inspection whether the tenant is present or not, unless the tenant
previously withdrew his or her request for the inspection.
   (2) Based on the inspection, the landlord shall give the tenant an
itemized statement specifying repairs or cleaning that are proposed
to be the basis of any deductions from the security the landlord
intends to make pursuant to paragraphs (1) to (4), inclusive of
subdivision (b). This statement shall also include the texts of
paragraphs (1) to (4), inclusive, of subdivision (b). The statement
shall be given to the tenant, if the tenant is present for the
inspection, or shall be left inside the premises.
   (3) The tenant shall have the opportunity during the period
following the initial inspection until termination of the tenancy to
remedy identified deficiencies, in a manner consistent with the
rights and obligations of the parties under the rental agreement, in
order to avoid deductions from the security.
   (4) Nothing in this subdivision shall prevent a landlord from
using the security for deductions itemized in the statement provided
for in paragraph (2) that were not cured by the tenant so long as the
deductions are for damages authorized by this section.
   (5) Nothing in this subdivision shall prevent a landlord from
using the security for any purpose specified in paragraphs (1) to
(4), inclusive, of subdivision (b) that occurs between completion of
the initial inspection and termination of the tenancy or was not
identified during the initial inspection due to the presence of a
tenant's possessions.
   (g) (1) No later than 21 calendar days after the tenant has
vacated the premises, but not earlier than the time that either the
landlord or the tenant provides a notice to terminate the tenancy
under Section 1946 or 1946.1, Section 1161 of the Code of Civil
Procedure, or not earlier than 60 calendar days prior to the
expiration of a fixed-term lease, the landlord shall furnish the
tenant, by personal delivery or by first-class mail, postage prepaid,
a copy of an itemized statement indicating the basis for, and the
amount of, any security received and the disposition of the security
and shall return any remaining portion of the security to the tenant.
   (2) Along with the itemized statement, the landlord shall also
include copies of documents showing charges incurred and deducted by
the landlord to repair or clean the premises, as follows:
   (A) If the landlord or landlord's employee did the work, the
itemized statement shall reasonably describe the work performed. The
itemized statement shall include the time spent and the reasonable
hourly rate charged.
   (B) If the landlord or landlord's employee did not do the work,
the landlord shall provide the tenant a copy of the bill, invoice, or
receipt supplied by the person or entity performing the work. The
itemized statement shall provide the tenant with the name, address,
and telephone number of the person or entity, if the bill, invoice,
or receipt does not include that information.
   (C) If a deduction is made for materials or supplies, the landlord
shall provide a copy of the bill, invoice, or receipt. If a
particular material or supply item is purchased by the landlord on an
ongoing basis, the landlord may document the cost of the item by
providing a copy of a bill, invoice, receipt, vendor price list, or
other vendor document that reasonably documents the cost of the item
used in the repair or cleaning of the unit.
   (3) If a repair to be done by the landlord or the landlord's
employee cannot reasonably be completed within 21 calendar days after
the tenant has vacated the premises, or if the documents from a
person or entity providing services, materials, or supplies are not
in the landlord's possession within 21 calendar days after the tenant
has vacated the premises, the landlord may deduct the amount of a
good faith estimate of the charges that will be incurred and provide
that estimate with the itemized statement. If the reason for the
estimate is because the documents from a person or entity providing
services, materials, or supplies are not in the landlord's
possession, the itemized statement shall include the name, address,
and telephone number of the person or entity. Within 14 calendar days
of completing the repair or receiving the documentation, the
landlord shall complete the requirements in paragraphs (1) and (2) in
the manner specified.
   (4) The landlord need not comply with paragraph (2) or (3) if
either of the following apply:
   (A) The deductions for repairs and cleaning together do not exceed
one hundred twenty-five dollars ($125).
   (B) The tenant waived the rights specified in paragraphs (2) and
(3). The waiver shall only be effective if it is signed by the tenant
at the same time or after a notice to terminate a tenancy under
Section 1946 or 1946.1 has been given, a notice under Section 1161 of
the Code of Civil Procedure has been given, or no earlier than 60
calendar days prior to the expiration of a fixed-term lease. The
waiver shall substantially include the text of paragraph (2).
   (5) Notwithstanding paragraph (4), the landlord shall comply with
paragraphs (2) and (3) when a tenant makes a request for
documentation within 14 calendar days after receiving the itemized
statement specified in paragraph (1). The landlord shall comply
within 14 calendar days after receiving the request from the tenant.
   (6) Any mailings to the tenant pursuant to this subdivision shall
be sent to the address provided by the tenant. If the tenant does not
provide an address, mailings pursuant to this subdivision shall be
sent to the unit that has been vacated.
   (h) Upon termination of the landlord's interest in the premises,
whether by sale, assignment, death, appointment of receiver or
otherwise, the landlord or the landlord's agent shall, within a
reasonable time, do one of the following acts, either of which shall
relieve the landlord of further liability with respect to the
security held:
   (1) Transfer the portion of the security remaining after any
lawful deductions made under subdivision (e) to the landlord's
successor in interest. The landlord shall thereafter notify the
tenant by personal delivery or by first-class mail, postage prepaid,
of the transfer, of any claims made against the security, of the
amount of the security deposited, and of the names of the successors
in interest, their address, and their telephone number. If the notice
to the tenant is made by personal delivery, the tenant shall
acknowledge receipt of the notice and sign his or her name on the
landlord's copy of the notice.
   (2) Return the portion of the security remaining after any lawful
deductions made under subdivision (e) to the tenant, together with an
accounting as provided in subdivision (g).
   (i) Prior to the voluntary transfer of a landlord's interest in
the premises, the landlord shall deliver to the landlord's successor
in interest a written statement indicating the following:
   (1) The security remaining after any lawful deductions are made.
   (2) An itemization of any lawful deductions from any security
received.
   (3) His or her election under paragraph (1) or (2) of subdivision
(h).
   This subdivision does not affect the validity of title to the real
property transferred in violation of this subdivision.
   (j) In the event of noncompliance with subdivision (h), the
landlord's successors in interest shall be jointly and severally
liable with the landlord for repayment of the security, or that
portion thereof to which the tenant is entitled, when and as provided
in subdivisions (e) and (g). A successor in interest of a landlord
may not require the tenant to post any security to replace that
amount not transferred to the tenant or successors in interest as
provided in subdivision (h), unless and until the successor in
interest first makes restitution of the initial security as provided
in paragraph (2) of subdivision (h) or provides the tenant with an
accounting as provided in subdivision (g).
   This subdivision does not preclude a successor in interest from
recovering from the tenant compensatory damages that are in excess of
the security received from the landlord previously paid by the
tenant to the landlord.
   Notwithstanding this subdivision, if, upon inquiry and reasonable
investigation, a landlord's successor in interest has a good faith
belief that the lawfully remaining security deposit is transferred to
him or her or returned to the tenant pursuant to subdivision (h), he
or she is not liable for damages as provided in subdivision (l), or
any security not transferred pursuant to subdivision (h).
   (k) Upon receipt of any portion of the security under paragraph
(1) of subdivision (h), the landlord's successors in interest shall
have all of the rights and obligations of a landlord holding the
security with respect to the security.
   (l) The bad faith claim or retention by a landlord or the landlord'
s successors in interest of the security or any portion thereof in
violation of this section, or the bad faith demand of replacement
security in violation of subdivision (j), may subject the landlord or
the landlord's successors in interest to statutory damages of up to
twice the amount of the security, in addition to actual damages. The
court may award damages for bad faith whenever the facts warrant that
award, regardless of whether the injured party has specifically
requested relief. In any action under this section, the landlord or
the landlord's successors in interest shall have the burden of proof
as to the reasonableness of the amounts claimed or the authority
pursuant to this section to demand additional security deposits.
   (m) No lease or rental agreement may contain any provision
characterizing any security as "nonrefundable."
   (n) Any action under this section may be maintained in small
claims court if the damages claimed, whether actual or statutory or
both, are within the jurisdictional amount allowed by Section 116.220
or 116.221 of the Code of Civil Procedure.
   (o) Proof of the existence of and the amount of a security deposit
may be established by any credible evidence, including, but not
limited to, a canceled check, a receipt, a lease indicating the
requirement of a deposit as well as the amount, prior consistent
statements or actions of the landlord or tenant, or a statement under
penalty of perjury that satisfies the credibility requirements set
forth in Section 780 of the Evidence Code.
   (p) The amendments to this section made during the 1985 portion of
the 1985-86 Regular Session of the Legislature that are set forth in
subdivision (e) are declaratory of existing law.
   (q) The amendments to this section made during the 2003 portion of
the 2003-04 Regular Session of the Legislature that are set forth in
paragraph (1) of subdivision (f) are declaratory of existing law.

1950.6.  (a) Notwithstanding Section 1950.5, when a landlord or his
or her agent receives a request to rent a residential property from
an applicant, the landlord or his or her agent may charge that
applicant an application screening fee to cover the costs of
obtaining information about the applicant. The information requested
and obtained by the landlord or his or her agent may include, but is
not limited to, personal reference checks and consumer credit reports
produced by consumer credit reporting agencies as defined in Section
1785.3. A landlord or his or her agent may, but is not required to,
accept and rely upon a consumer credit report presented by an
applicant.
   (b) The amount of the application screening fee shall not be
greater than the actual out-of-pocket costs of gathering information
concerning the applicant, including, but not limited to, the cost of
using a tenant screening service or a consumer credit reporting
service, and the reasonable value of time spent by the landlord or
his or her agent in obtaining information on the applicant. In no
case shall the amount of the application screening fee charged by the
landlord or his or her agent be greater than thirty dollars ($30)
per applicant. The thirty dollar ($30) application screening fee may
be adjusted annually by the landlord or his or her agent commensurate
with an increase in the Consumer Price Index, beginning on January
1, 1998.
   (c) Unless the applicant agrees in writing, a landlord or his or
her agent may not charge an applicant an application screening fee
when he or she knows or should have known that no rental unit is
available at that time or will be available within a reasonable
period of time.
   (d) The landlord or his or her agent shall provide, personally, or
by mail, the applicant with a receipt for the fee paid by the
applicant, which receipt shall itemize the out-of-pocket expenses and
time spent by the landlord or his or her agent to obtain and process
the information about the applicant.
   (e) If the landlord or his or her agent does not perform a
personal reference check or does not obtain a consumer credit report,
the landlord or his or her agent shall return any amount of the
screening fee that is not used for the purposes authorized by this
section to the applicant.
   (f) If an application screening fee has been paid by the applicant
and if requested by the applicant, the landlord or his or her agent
shall provide a copy of the consumer credit report to the applicant
who is the subject of that report.
   (g) As used in this section, "landlord" means an owner of
residential rental property.
   (h) As used in this section, "application screening fee" means any
nonrefundable payment of money charged by a landlord or his or her
agent to an applicant, the purpose of which is to purchase a consumer
credit report and to validate, review, or otherwise process an
application for the rent or lease of residential rental property.
   (i) As used in this section, "applicant" means any entity or
individual who makes a request to a landlord or his or her agent to
rent a residential housing unit, or an entity or individual who
agrees to act as a guarantor or cosignor on a rental agreement.
   (j) The application screening fee shall not be considered an
"advance fee" as that term is used in Section 10026 of the Business
and Professions Code, and shall not be considered "security" as that
term is used in Section 1950.5.
   (k) This section is not intended to preempt any provisions or
regulations that govern the collection of deposits and fees under
federal or state housing assistance programs.

1950.7.  (a) Any payment or deposit of money the primary function of
which is to secure the performance of a rental agreement for other
than residential property or any part of the agreement, other than a
payment or deposit, including an advance payment of rent, made to
secure the execution of a rental agreement, shall be governed by the
provisions of this section. With respect to residential property, the
provisions of Section 1950.5 shall prevail.
   (b) The payment or deposit of money shall be held by the landlord
for the tenant who is party to the agreement. The claim of a tenant
to the payment or deposit shall be prior to the claim of any creditor
of the landlord, except a trustee in bankruptcy.
   (c) The landlord may claim of the payment or deposit only those
amounts as are reasonably necessary to remedy tenant defaults in the
payment of rent, to repair damages to the premises caused by the
tenant, or to clean the premises upon termination of the tenancy, if
the payment or deposit is made for any or all of those specific
purposes.
   (1) If the claim of the landlord upon the payment or deposit is
only for defaults in the payment of rent and the security deposit
equals no more than one month's rent plus a deposit amount clearly
described as the payment of the last month's rent, then any remaining
portion of the payment or deposit shall be returned to the tenant at
a time as may be mutually agreed upon by landlord and tenant, but in
no event later than 30 days from the date the landlord receives
possession of the premises.
   (2) If the claim of the landlord upon the payment or deposit is
only for defaults in the payment of rent and the security deposit
exceeds the amount of one month's rent plus a deposit amount clearly
described as the payment of the last month's rent, then any remaining
portion of the payment or deposit in excess of an amount equal to
one month's rent shall be returned to the tenant no later than two
weeks after the date the landlord receives possession of the
premises, with the remainder to be returned or accounted for within
30 days from the date the landlord receives possession of the
premises.
   (3) If the claim of the landlord upon the payment or deposit
includes amounts reasonably necessary to repair damages to the
premises caused by the tenant or to clean the premises, then any
remaining portion of the payment or deposit shall be returned to the
tenant at a time as may be mutually agreed upon by landlord and
tenant, but in no event later than 30 days from the date the landlord
receives possession of the premises.
   (d) Upon termination of the landlord's interest in the unit in
question, whether by sale, assignment, death, appointment of receiver
or otherwise, the landlord or the landlord's agent shall, within a
reasonable time, do one of the following acts, either of which shall
relieve the landlord of further liability with respect to the payment
or deposit:
   (1) Transfer the portion of the payment or deposit remaining after
any lawful deductions made under subdivision (c) to the landlord's
successor in interest, and thereafter notify the tenant by personal
delivery or certified mail of the transfer, of any claims made
against the payment or deposit, and of the transferee's name and
address. If the notice to the tenant is made by personal delivery,
the tenant shall acknowledge receipt of the notice and sign his or
her name on the landlord's copy of the notice.
   (2) Return the portion of the payment or deposit remaining after
any lawful deductions made under subdivision (c) to the tenant.
   (e) Upon receipt of any portion of the payment or deposit under
paragraph (1) of subdivision (d), the transferee shall have all of
the rights and obligations of a landlord holding the payment or
deposit with respect to the payment or deposit.
   (f) The bad faith retention by a landlord or transferee of a
payment or deposit or any portion thereof, in violation of this
section, may subject the landlord or the transferee to damages not to
exceed two hundred dollars ($200), in addition to any actual
damages.
   (g) This section is declarative of existing law and therefore
operative as to all tenancies, leases, or rental agreements for other
than residential property created or renewed on or after January 1,
1971.

1950.8.  (a) This section applies only to commercial leases and
nonresidential tenancies of real property.
   (b) It shall be unlawful for any person to require, demand, or
cause to make payable any payment of money, including, but not
limited to, "key money," however denominated, or the lessor's
attorney's fees reasonably incurred in preparing the lease or rental
agreement, as a condition of initiating, continuing, or renewing a
lease or rental agreement, unless the amount of payment is stated in
the written lease or rental agreement.
   (c) Any person who requires, demands, or causes to make payable
any payment in violation of subdivision (a), shall be subject to
civil penalty of three times the amount of actual damages proximately
suffered by the person seeking to obtain the lease or rental of real
property, and the person so damaged shall be entitled to an award of
costs, including reasonable attorney's fees, reasonable incurred in
connection with obtaining the civil penalty.
   (d) Nothing in this section shall prohibit the advance payment of
rent, if the amount and character of the payment are clearly stated
in a written lease or rental agreement.
   (e) Nothing in this section shall prohibit any person from
charging a reasonable amount for the purpose of conducting reasonable
business activity in connection with initiating, continuing, or
renewing a lease or rental agreement for nonresidential real
property, including, but not limited to, verifying creditworthiness
or qualifications of any person seeking to initiate, continue, or
renew a lease or rental agreement for any use other than residential
use, or cleaning fees, reasonably incurred in connection with the
hiring of the real property.
   (f) Nothing in this section shall prohibit a person from
increasing a tenant's rent for nonresidential real property in order
to recover building operating costs incurred on behalf of the tenant,
if the right to the rent, the method of calculating the increase,
and the period of time covered by the increase is stated in the lease
or rental agreement.

1951.  As used in Sections 1951.2 to 1952.6, inclusive:
   (a) "Rent" includes charges equivalent to rent.
   (b) "Lease" includes a sublease.

1951.2.  (a) Except as otherwise provided in Section 1951.4, if a
lessee of real property breaches the lease and abandons the property
before the end of the term or if his right to possession is
terminated by the lessor because of a breach of the lease, the lease
terminates. Upon such termination, the lessor may recover from the
lessee:
   (1) The worth at the time of award of the unpaid rent which had
been earned at the time of termination;
   (2) The worth at the time of award of the amount by which the
unpaid rent which would have been earned after termination until the
time of award exceeds the amount of such rental loss that the lessee
proves could have been reasonably avoided;
   (3) Subject to subdivision (c), the worth at the time of award of
the amount by which the unpaid rent for the balance of the term after
the time of award exceeds the amount of such rental loss that the
lessee proves could be reasonably avoided; and
   (4) Any other amount necessary to compensate the lessor for all
the detriment proximately caused by the lessee's failure to perform
his obligations under the lease or which in the ordinary course of
things would be likely to result therefrom.
   (b) The "worth at the time of award" of the amounts referred to in
paragraphs (1) and (2) of subdivision (a) is computed by allowing
interest at such lawful rate as may be specified in the lease or, if
no such rate is specified in the lease, at the legal rate. The worth
at the time of award of the amount referred to in paragraph (3) of
subdivision (a) is computed by discounting such amount at the
discount rate of the Federal Reserve Bank of San Francisco at the
time of award plus 1 percent.
   (c) The lessor may recover damages under paragraph (3) of
subdivision (a) only if:
   (1) The lease provides that the damages he may recover include the
worth at the time of award of the amount by which the unpaid rent
for the balance of the term after the time of award, or for any
shorter period of time specified in the lease, exceeds the amount of
such rental loss for the same period that the lessee proves could be
reasonably avoided; or
   (2) The lessor relet the property prior to the time of award and
proves that in reletting the property he acted reasonably and in a
good-faith effort to mitigate the damages, but the recovery of
damages under this paragraph is subject to any limitations specified
in the lease.
   (d) Efforts by the lessor to mitigate the damages caused by the
lessee's breach of the lease do not waive the lessor's right to
recover damages under this section.
   (e) Nothing in this section affects the right of the lessor under
a lease of real property to indemnification for liability arising
prior to the termination of the lease for personal injuries or
property damage where the lease provides for such indemnification.

1951.3.  (a) Real property shall be deemed abandoned by the lessee,
within the meaning of Section 1951.2, and the lease shall terminate
if the lessor gives written notice of his belief of abandonment as
provided in this section and the lessee fails to give the lessor
written notice, prior to the date of termination specified in the
lessor's notice, stating that he does not intend to abandon the real
property and stating an address at which the lessee may be served by
certified mail in any action for unlawful detainer of the real
property.
   (b) The lessor may give a notice of belief of abandonment to the
lessee pursuant to this section only where the rent on the property
has been due and unpaid for at least 14 consecutive days and the
lessor reasonably believes that the lessee has abandoned the
property. The date of termination of the lease shall be specified in
the lessor's notice and shall be not less than 15 days after the
notice is served personally or, if mailed, not less than 18 days
after the notice is deposited in the mail.
   (c) The lessor's notice of belief of abandonment shall be
personally delivered to the lessee or sent by first-class mail,
postage prepaid, to the lessee at his last known address and, if
there is reason to believe that the notice sent to that address will
not be received by the lessee, also to such other address, if any,
known to the lessor where the lessee may reasonably be expected to
receive the notice.
   (d) The notice of belief of abandonment shall be in substantially
the following form:
Notice of Belief of Abandonment
To: ____________________________________________________________
(Name of lessee/tenant)
____________________________________________________________
(Address of lessee/tenant)
This notice is given pursuant to Section 1951.3 of the Civil Code
concerning the real property leased by you at ________ (state
location
of the property by address or other sufficient description). The
rent
on this property has been due and unpaid for 14 consecutive days and
the lessor/landlord believes that you have abandoned the property.
The real property will be deemed abandoned within the meaning of
Section 1951.2 of the Civil Code and your lease will terminate on
________ (here insert a date not less than 15 days after this notice
is served personally or, if mailed, not less than 18 days after this
notice is deposited in the mail) unless before such date the under-
signed receives at the address indicated below a written notice from
you stating both of the following:
(1) Your intent not to abandon the real property.
(2) An address at which you may be served by certified mail in any
action for unlawful detainer of the real property.
You are required to pay the rent due and unpaid on this real
property
as required by the lease, and your failure to do so can lead to a
court
proceeding against you.
Dated: ________ __________________________________________________
(Signature of lessor/landlord)
__________________________________________________
(Type or print name of lessor/landlord)
__________________________________________________
(Address to which lessee/tenant is to send notice)

   (e) The real property shall not be deemed to be abandoned pursuant
to this section if the lessee proves any of the following:
   (1) At the time the notice of belief of abandonment was given, the
rent was not due and unpaid for 14 consecutive days.
   (2) At the time the notice of belief of abandonment was given, it
was not reasonable for the lessor to believe that the lessee had
abandoned the real property. The fact that the lessor knew that the
lessee left personal property on the real property does not, of
itself, justify a finding that the lessor did not reasonably believe
that the lessee had abandoned the real property.
   (3) Prior to the date specified in the lessor's notice, the lessee
gave written notice to the lessor stating his intent not to abandon
the real property and stating an address at which he may be served by
certified mail in any action for unlawful detainer of the real
property.
   (4) During the period commencing 14 days before the time the
notice of belief of abandonment was given and ending on the date the
lease would have terminated pursuant to the notice, the lessee paid
to the lessor all or a portion of the rent due and unpaid on the real
property.
   (f) Nothing in this section precludes the lessor or the lessee
from otherwise proving that the real property has been abandoned by
the lessee within the meaning of Section 1951.2.
   (g) Nothing in this section precludes the lessor from serving a
notice requiring the lessee to pay rent or quit as provided in
Sections 1161 and 1162 of the Code of Civil Procedure at any time
permitted by those sections, or affects the time and manner of giving
any other notice required or permitted by law. The giving of the
notice provided by this section does not satisfy the requirements of
Sections 1161 and 1162 of the Code of Civil Procedure.

1951.4.  (a) The remedy described in this section is available only
if the lease provides for this remedy. In addition to any other type
of provision used in a lease to provide for the remedy described in
this section, a provision in the lease in substantially the following
form satisfies this subdivision:
   "The lessor has the remedy described in California Civil Code
Section 1951.4 (lessor may continue lease in effect after lessee's
breach and abandonment and recover rent as it becomes due, if lessee
has right to sublet or assign, subject only to reasonable
limitations)."
   (b) Even though a lessee of real property has breached the lease
and abandoned the property, the lease continues in effect for so long
as the lessor does not terminate the lessee's right to possession,
and the lessor may enforce all the lessor's rights and remedies under
the lease, including the right to recover the rent as it becomes due
under the lease, if any of the following conditions is satisfied:
   (1) The lease permits the lessee, or does not prohibit or
otherwise restrict the right of the lessee, to sublet the property,
assign the lessee's interest in the lease, or both.
   (2) The lease permits the lessee to sublet the property, assign
the lessee's interest in the lease, or both, subject to express
standards or conditions, provided the standards and conditions are
reasonable at the time the lease is executed and the lessor does not
require compliance with any standard or condition that has become
unreasonable at the time the lessee seeks to sublet or assign. For
purposes of this paragraph, an express standard or condition is
presumed to be reasonable; this presumption is a presumption
affecting the burden of proof.
   (3) The lease permits the lessee to sublet the property, assign
the lessee's interest in the lease, or both, with the consent of the
lessor, and the lease provides that the consent shall not be
unreasonably withheld or the lease includes a standard implied by law
that consent shall not be unreasonably withheld.
   (c) For the purposes of subdivision (b), the following do not
constitute a termination of the lessee's right to possession:
   (1) Acts of maintenance or preservation or efforts to relet the
property.
   (2) The appointment of a receiver upon initiative of the lessor to
protect the lessor's interest under the lease.
   (3) Withholding consent to a subletting or assignment, or
terminating a subletting or assignment, if the withholding or
termination does not violate the rights of the lessee specified in
subdivision (b).

1951.5.  Section 1671, relating to liquidated damages, applies to a
lease of real property.

1951.7.  (a) As used in this section, "advance payment" means moneys
paid to the lessor of real property as prepayment of rent, or as a
deposit to secure faithful performance of the terms of the lease, or
another payment that is the substantial equivalent of either of
these. A payment that is not in excess of the amount of one month's
rent is not an advance payment for purposes of this section.
   (b) The notice provided by subdivision (c) is required to be given
only if all of the following apply:
   (1) The lessee has made an advance payment.
   (2) The lease is terminated pursuant to Section 1951.2.
   (3) The lessee has made a request, in writing, to the lessor that
he or she be given notice under subdivision (c).
   (c) Upon the initial reletting of the property, the lessor shall
send a written notice to the lessee stating that the property has
been relet, the name and address of the new lessee, and the length of
the new lease and the amount of the rent. The notice shall be
delivered to the lessee personally, or be sent by regular mail to the
lessee at the address shown on the request, not later than 30 days
after the new lessee takes possession of the property. Notice is not
required if the amount of the rent due and unpaid at the time of
termination exceeds the amount of the advance payment.

1951.8.  Nothing in Section 1951.2 or 1951.4 affects the right of
the lessor under a lease of real property to equitable relief where
such relief is appropriate.

1952.  (a) Except as provided in subdivision (c), nothing in
Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter
4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of
Civil Procedure, relating to actions for unlawful detainer, forcible
entry, and forcible detainer.
   (b) Unless the lessor amends the complaint as provided in
paragraph (1) of subdivision (a) of Section 1952.3 to state a claim
for damages not recoverable in the unlawful detainer proceeding, the
bringing of an action under the provisions of Chapter 4 (commencing
with Section 1159) of Title 3 of Part 3 of the Code of Civil
Procedure does not affect the lessor's right to bring a separate
action for relief under Sections 1951.2, 1951.5, and 1951.8, but no
damages shall be recovered in the subsequent action for any detriment
for which a claim for damages was made and determined on the merits
in the previous action.
   (c) After the lessor obtains possession of the property under a
judgment pursuant to Section 1174 of the Code of Civil Procedure, he
is no longer entitled to the remedy provided under Section 1951.4
unless the lessee obtains relief under Section 1179 of the Code of
Civil Procedure.

1952.2.  Sections 1951 to 1952, inclusive, do not apply to:
   (a) Any lease executed before July 1, 1971.
   (b) Any lease executed on or after July 1, 1971, if the terms of
the lease were fixed by a lease, option, or other agreement executed
before July 1, 1971.

1952.3.  (a) Except as provided in subdivisions (b) and (c), if the
lessor brings an unlawful detainer proceeding and possession of the
property is no longer in issue because possession of the property has
been delivered to the lessor before trial or, if there is no trial,
before judgment is entered, the case becomes an ordinary civil action
in which:
   (1) The lessor may obtain any relief to which he is entitled,
including, where applicable, relief authorized by Section 1951.2;
but, if the lessor seeks to recover damages described in paragraph
(3) of subdivision (a) of Section 1951.2 or any other damages not
recoverable in the unlawful detainer proceeding, the lessor shall
first amend the complaint pursuant to Section 472 or 473 of the Code
of Civil Procedure so that possession of the property is no longer in
issue and to state a claim for such damages and shall serve a copy
of the amended complaint on the defendant in the same manner as a
copy of a summons and original complaint is served.
   (2) The defendant may, by appropriate pleadings or amendments to
pleadings, seek any affirmative relief, and assert all defenses, to
which he is entitled, whether or not the lessor has amended the
complaint; but subdivision (a) of Section 426.30 of the Code of Civil
Procedure does not apply unless, after delivering possession of the
property to the lessor, the defendant (i) files a cross-complaint or
(ii) files an answer or an amended answer in response to an amended
complaint filed pursuant to paragraph (1).
   (b) The defendant's time to respond to a complaint for unlawful
detainer is not affected by the delivery of possession of the
property to the lessor; but, if the complaint is amended as provided
in paragraph (1) of subdivision (a), the defendant has the same time
to respond to the amended complaint as in an ordinary civil action.
   (c) The case shall proceed as an unlawful detainer proceeding if
the defendant's default (1) has been entered on the unlawful detainer
complaint and (2) has not been opened by an amendment of the
complaint or otherwise set aside.
   (d) Nothing in this section affects the pleadings that may be
filed, relief that may be sought, or defenses that may be asserted in
an unlawful detainer proceeding that has not become an ordinary
civil action as provided in subdivision (a).

1952.4.  An agreement for the exploration for or the removal of
natural resources is not a lease of real property within the meaning
of Sections 1951 to 1952.2, inclusive.

1952.6.  (a) Sections 1951 to 1952.2, inclusive, shall not apply to
any lease or agreement for a lease of real property between any
public entity and any nonprofit corporation whose title or interest
in the property is subject to reversion to or vesting in a public
entity and which issues bonds or other evidences of indebtedness, the
interest on which is exempt from federal income taxes for the
purpose of acquiring, constructing, or improving the property or a
building or other facility thereon, or between any public entity and
any other public entity, unless the lease or the agreement shall
specifically provide that Sections 1951 to 1952.2, inclusive, or any
portions thereof, are applicable to the lease or the agreement.
   (b) Except as provided in subdivision (a), a public entity lessee
in a contract for a capital lease of real property involving the
payment of rents of one million dollars ($1,000,000) or more may
elect to waive any of the remedies for a breach of the lease provided
in Sections 1951 to 1952.2, inclusive, and contract instead for any
other remedy permitted by law. As used in this subdivision, "capital
lease" refers to a lease entered into for the purpose of acquiring,
constructing, or improving the property or a building or other
facility thereon.
   (c) As used in this section, "public entity" includes the state, a
county, city and county, city, district, public authority, public
agency, or any other political subdivision or public corporation.

1952.8.  On and after the effective date of this section, no owner
of a gasoline service station shall enter into a lease with any
person for the leasing of the station for the purpose of operating a
gasoline service station, unless (a) the station is equipped with a
vapor control system for the control of gasoline vapor emissions
during gasoline marketing operations, including storage, transport,
and transfer operations, if such vapor control system is required by
law or by any rule or regulation of the State Air Resources Board or
of the air pollution control district in which the station is located
or (b) no vapor control system has been certified by the board prior
to the date of the lease.
   A lease entered into in violation of this section shall be
voidable at the option of the lessee.

1953.  (a) Any provision of a lease or rental agreement of a
dwelling by which the lessee agrees to modify or waive any of the
following rights shall be void as contrary to public policy:
   (1) His rights or remedies under Section 1950.5 or 1954.
   (2) His right to assert a cause of action against the lessor which
may arise in the future.
   (3) His right to a notice or hearing required by law.
   (4) His procedural rights in litigation in any action involving
his rights and obligations as a tenant.
   (5) His right to have the landlord exercise a duty of care to
prevent personal injury or personal property damage where that duty
is imposed by law.
   (b) Any provision of a lease or rental agreement of a dwelling by
which the lessee agrees to modify or waive a statutory right, where
the modification or waiver is not void under subdivision (a) or under
Section 1942.1, 1942.5, or 1954, shall be void as contrary to public
policy unless the lease or rental agreement is presented to the
lessee before he takes actual possession of the premises. This
subdivision does not apply to any provisions modifying or waiving a
statutory right in agreements renewing leases or rental agreements
where the same provision was also contained in the lease or rental
agreement which is being renewed.
   (c) This section shall apply only to leases and rental agreements
executed on or after January 1, 1976.

1954.  (a) A landlord may enter the dwelling unit only in the
following cases:
   (1) In case of emergency.
   (2) To make necessary or agreed repairs, decorations, alterations
or improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workers, or contractors or to make an inspection pursuant to
subdivision (f) of Section 1950.5.
   (3) When the tenant has abandoned or surrendered the premises.
   (4) Pursuant to court order.
   (b) Except in cases of emergency or when the tenant has abandoned
or surrendered the premises, entry may not be made during other than
normal business hours unless the tenant consents to an entry during
other than normal business hours at the time of entry.
   (c) The landlord may not abuse the right of access or use it to
harass the tenant.
   (d) (1) Except as provided in subdivision (e), or as provided in
paragraph (2) or (3), the landlord shall give the tenant reasonable
notice in writing of his or her intent to enter and enter only during
normal business hours. The notice shall include the date,
approximate time, and purpose of the entry. The notice may be
personally delivered to the tenant, left with someone of a suitable
age and discretion at the premises, or, left on, near, or under the
usual entry door of the premises in a manner in which a reasonable
person would discover the notice. Twenty-four hours shall be presumed
to be reasonable notice in absence of evidence to the contrary. The
notice may be mailed to the tenant. Mailing of the notice at least
six days prior to an intended entry is presumed reasonable notice in
the absence of evidence to the contrary.
   (2) If the purpose of the entry is to exhibit the dwelling unit to
prospective or actual purchasers, the notice may be given orally, in
person or by telephone, if the landlord or his or her agent has
notified the tenant in writing within 120 days of the oral notice
that the property is for sale and that the landlord or agent may
contact the tenant orally for the purpose described above.
Twenty-four hours is presumed reasonable notice in the absence of
evidence to the contrary. The notice shall include the date,
approximate time, and purpose of the entry. At the time of entry, the
landlord or agent shall leave written evidence of the entry inside
the unit.
   (3) The tenant and the landlord may agree orally to an entry to
make agreed repairs or supply agreed services. The agreement shall
include the date and approximate time of the entry, which shall be
within one week of the agreement. In this case, the landlord is not
required to provide the tenant a written notice.
   (e) No notice of entry is required under this section:
   (1) To respond to an emergency.
   (2) If the tenant is present and consents to the entry at the time
of entry.
   (3) After the tenant has abandoned or surrendered the unit.

1954.1.  In any general assignment for the benefit of creditors, as
defined in Section 493.010 of the Code of Civil Procedure, the
assignee shall have the right to occupy, for a period of up to 90
days after the date of the assignment, any business premises held
under a lease by the assignor upon payment when due of the monthly
rental reserved in the lease for the period of such occupancy,
notwithstanding any provision in the lease (whether heretofore or
hereafter entered into) for the termination thereof upon the making
of the assignment or the insolvency of the lessee or other condition
relating to the financial condition of the lessee. This section shall
be construed as establishing the reasonable rental value of the
premises recoverable by a landlord upon a holding-over by the tenant
upon the termination of a lease under the circumstances specified
herein.

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