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Bill Text – AB-2503 Landlords and tenants: lessors and lessees. – California Legislative Information

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 the person’s 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.

1940.2.

 (a) It is unlawful for a landlord lessor or lessor’s agent to do any of the following for the purpose of influencing a tenant lessee 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 lessee’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 lessee to be actually or constructively evicted in order to obtain relief.
(4) Commit a significant and intentional violation of Section 1954.
(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, lessee, occupant, or other person known to the landlord lessor or lessor’s agent to be associated with a tenant lessee or occupant. This paragraph does not require a tenant lessee to be actually or constructively evicted in order to obtain relief.
(b) Atenant lessee who prevails in a civil action, including an action in small claims court, to enforce his or her the lessee’s 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, lessee, 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) This section does not enlarge or diminish a landlord’s lessor’s or lessor’s agent’s right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord’s lessor’s harassment of a tenant. lessee.

1940.3.

 (a) A public entity shall not, by ordinance, regulation, policy, or administrative action implementing any ordinance, regulation, policy, or administrative action, compel a landlord or any agent of the landlord lessor or lessor’s agent 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, lessee, prospective tenant, lessee, occupant, or prospective occupant of residential rental property.

(b) A landlord, or any agent of the landlord, lessor or lessor’s agent shall not do any of the following:
(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, lessee, prospective tenant, lessee, occupant, or prospective occupant of residential rental property.
(2) Require that any tenant, lessee, prospective tenant, lessee, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her that person’s immigration or citizenship status.
(3) Disclose to any person or entity information regarding or relating to the immigration or citizenship status of any tenant, lessee, prospective tenant, lessee, occupant, or prospective occupant of the rental property for the purpose of, or with the intent of, harassing or intimidating a tenant, lessee, prospective tenant, lessee, occupant, or prospective occupant, retaliating against a tenant lessee or occupant for the exercise of his or her the lessee’s or occupant’s rights, influencing a tenant lessee or occupant to vacate a dwelling, or recovering possession of the dwelling.
(c) This section does not prohibit a landlord lessor or lessor’s agent from doing any of the following:
(1) Complying with any legal obligation under federal law, including, but not limited to, any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, lessee, or a subpoena, warrant, or other order issued by a court.
(2) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, lessee, or to determine or verify the identity of a prospective tenant lessee or prospective occupant.
(d) For purposes of this section, both of the following shall apply:
(1) “Public entity” includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
(2) “State” includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.

1940.35.

 (a) It is unlawful for a landlord lessor or lessor’s agent to disclose to any immigration authority, law enforcement agency, or local, state, or federal agency information regarding or relating to the immigration or citizenship status of any tenant, lessee, occupant, or other person known to the landlord lessor or lessor’s agent to be associated with a tenant lessee or occupant, for the purpose of, or with the intent of, harassing or intimidating a tenant lessee or occupant, retaliating against a tenant lessee or occupant for the exercise of his or her the lessee’s or occupant’s rights, influencing a tenant lessee or occupant to vacate a dwelling, or recovering possession of the dwelling, irrespective of whether the tenant lessee or occupant currently resides in the dwelling.

(b) If a court of applicable jurisdiction finds a violation of this section in a proceeding initiated by a party or upon a motion of the court, the court shall do all of the following:
(1) For each person whose status was so disclosed, order the landlord lessor or lessor’s agent to pay statutory damages in an amount to be determined in the court’s discretion that is between 6 and 12 times the monthly rent charged for the dwelling in which the tenant lessee or occupant resides or resided.
(2) Issue injunctive relief to prevent the landlord lessor or lessor’s agent from engaging in similar conduct with respect to other tenants, lessees, occupants, and persons known to the landlord lessor or lessor’s agent to be associated with the tenants lessees or occupants.
(3) Notify the district attorney of the county in which the real property for hire is located of a potential violation of Section 519 of the Penal Code.
(c) A landlord lessor or lessor’s agent is not in violation of this section if he or she the lessor or lessor’s agent is complying with any legal obligation under federal law, or subpoena, warrant, or order issued by a court.
(d) In making findings in a proceeding under this section, a court may take judicial notice under subdivision (d) of Section 452 of the Evidence Code of the proceedings and records of any federal removal, inadmissibility, or deportation proceeding.
(e) A court shall award to the prevailing party in an action under this section attorney’s fees and costs.
(f) The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.
(g) Any waiver of a right under this section by a tenant, lessee, occupant, or person known to the landlord lessor or lessor’s agent to be associated with a tenant lessee or occupant shall be void as a matter of public policy.
(h) An action for injunctive relief pursuant to this section may be brought by a nonprofit organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, as amended. That organization shall be considered a party for purposes of this section.

1940.4.

 (a) Except as provided in subdivision (c), a landlord lessor or lessor’s agent shall not prohibit a tenant lessee from posting or displaying political signs relating to any of the following:

(1) An election or legislative vote, including an election of a candidate to public office.
(2) The initiative, referendum, or recall process.
(3) Issues that are before a public commission, public board, or elected local body for a vote.
(b) Political signs may be posted or displayed in the window or on the door of the premises leased by the tenant lessee in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of the premises leased by a tenant lessee of a single-family dwelling.
(c) A landlord lessor or lessor’s agent may prohibit a tenant lessee from posting or displaying political signs in the following circumstances:
(1) The political sign is more than six square feet in size.
(2) The posting or displaying would violate a local, state, or federal law.
(3) The posting or displaying would violate a lawful provision in a common interest development governing a document that satisfies the criteria of Section 1353.6.
(d) A tenant lessee shall post and remove political signs in compliance with the time limits set by the ordinance for the jurisdiction where the premises are located. A tenant lessee shall be solely responsible for any violation of a local ordinance. If no local ordinance exists or if the local ordinance does not include a time limit for posting and removing political signs on private property, the landlord lessor or lessor’s agent may establish a reasonable time period for the posting and removal of political signs. A reasonable time period for this purpose shall begin at least 90 days prior to the date of the election or vote to which the sign relates and end at least 15 days following the date of the election or vote.
(e) Notwithstanding any other provision of law, any changes in the terms of a tenancy that are made to implement the provisions of this section and are noticed pursuant to Section 827 shall not be deemed to cause a diminution in housing services, and may be enforced in accordance with Section 1161 of the Code of Civil Procedure.

1940.45.

 (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.

(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:
(1) Threatens the public health or safety.
(2) Hinders the opening or closing of any entry door.
(3) Violates any federal, state, or local law.
(4) Contains graphics, language or any display that is obscene or otherwise illegal.
(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.
(c) As used in this section, the following terms have the following meanings:
(1) “Property owner” means all of the following:
(A) An association, as that term is defined in Section 4080.
(B) A board, as that term is defined in Section 4085.
(C) A member, as that term is defined in Section 4160.
(D) A landlord, lessor, as that term is defined in Section 1940.8.5.
(E) A sublessor.
(2) “Religious item” means an item displayed because of sincerely held religious beliefs.

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 lessee or refuse to continue to rent to an existing tenant lessee solely on the basis of that tenant’s lessee’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 lessee or prospective tenant lessee 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 lessee 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 lessee or prospective tenant lessee 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 lessee 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 lessee or prospective tenant, lessee, the tenant lessee or prospective tenant lessee 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 lessee or prospective tenant lessee 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 lessee with a written notice of breach of the rental agreement. The owner may give the tenant lessee 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 lessee or prospective tenant, lessee, the tenant lessee or prospective tenant lessee 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, 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 lessee 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. lessee.
(B) Requiring or accepting payment from the prospective tenant lessee for an application screening fee, as provided in Section 1950.6.
(C) Requiring or accepting any other fees from a prospective tenant. lessee.
(D) Requiring or accepting any writings that would initiate a tenancy.
(2) A current tenant, lessee, including a tenant lessee 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 lessor or lessor’s agent fails to comply with subdivision (a) or (b), a tenant lessee 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 lessee 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 lessor or lessor’s agent to the tenant. lessee.
(2) In the case of a current tenant lessee 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 lessor or lessor’s agent to the tenant. lessee.
(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 lessor or lessor’s agent 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 lessors or lessors’agents and tenants, lessees, and (2) the ability of a landlord lessor or lessor’s agent who has actual knowledge of a former ordnance location within the neighborhood of his or her the lessor’s or lessor’s agent’s rental property to disclose this information for the safety of the tenant. lessee.

(b) The landlord lessor or lessor’s agent 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 lessee of that knowledcge prior to knowledge before the execution of a rental agreement. In cases of tenancies in existence on January 1, 1990, this written notice shall be given to tenants lessees 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 lessor or lessor’s agent of a residential dwelling unit shall provide each new tenant lessee 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.

1940.8.5.

 (a) For purposes of this section, the following terms have the following meanings:

(1) “Adjacent dwelling unit” means a dwelling unit that is directly beside, above, or below a particular dwelling unit.
(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with a landlord lessor or lessor’s agent to act on the landlord’s lessor’s behalf in relation to the management of a residential rental property.
(3) “Broadcast application” means spreading pesticide over an area greater than two square feet.
(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at or through which a tenant, landlord, lessee, lessor, or authorized agent has authorized electronic delivery.
(5) “Landlord” Lessor” means an owner of residential rental property.
(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases.
(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(8) “Licensed pest control operator” means anyone licensed by the state to apply pesticides.
(b) (1) A landlord lessor or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide a tenant lessee of that dwelling unit and, if making broadcast applications, or using total release foggers or aerosol sprays, any tenant lessee in an adjacent dwelling unit that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be used.
(C) “State law requires that you be given the following information:

CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).
For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”

(D) The approximate date, time, and frequency with which the pesticide will be applied.
(E) The following notification:
“The approximate date, time, and frequency of this pesticide application is subject to change.”
(2) At least 24 hours prior to application of the pesticide to the dwelling unit, the landlord lessor or authorized agent shall provide the notice to the tenant lessee of the dwelling unit, as well as any tenants lessees in adjacent units that are required to be notified pursuant to paragraph (1), in at least one of the following ways:
(A) First-class mail.
(B) Personal delivery to the tenant, lessee, someone of suitable age and discretion at the premises, or under the usual entry door of the premises.
(C) Electronic delivery, if an electronic mailing address has been provided by the tenant. lessee.
(D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.
(3) (A) Upon receipt of written notification, the tenant lessee may agree in writing, or if notification was electronically delivered, the tenant lessee may agree through electronic delivery, to allow the landlord lessor or authorized agent to apply a pesticide immediately or at an agreed upon time.
(B) (i) Prior to receipt of written notification, the tenant lessee and the landlord lessor or authorized agent may agree orally to an immediate pesticide application if a tenant lessee requests that the pesticide be applied before 24-hour advance notice can be given. The oral agreement shall include the name and brand of the pesticide product proposed to be used.
(ii) With respect to a tenant lessee entering into an oral agreement for immediate pesticide application, the landlord lessor or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the dwelling unit, or at the entrance of the unit in a manner in which a reasonable person would discover the notice.
(iii) If any tenants lessees in adjacent dwelling units are also required to be notified pursuant to this subdivision, the landlord lessor or authorized agent shall provide those tenants lessees with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide.
(4) (A) This subdivision shall not be construed to require an association, as defined in Section 4080, to provide notice of pesticide use in a separate interest, as defined in Section 4185, within a common interest development, as defined in Section 4100.
(B) Notwithstanding subparagraph (A), an association, as defined in Section 4080, that has taken title to a separate interest, as defined in Section 4185, shall provide notification to tenants lessees as specified in this subdivision.
(c) (1) A landlord lessor or authorized agent that applies any pesticide to a common area without a licensed pest control operator, excluding routine pesticide applications described in subdivision (d), shall post written notice in a conspicuous place in the common area in which a pesticide is to be applied that contains the following statements and information using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be used.
(C) “State law requires that you be given the following information:

CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).
For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”

(D) The approximate date, time, and frequency with which the pesticide will be applied.
(2) (A) The notice shall be posted before a pesticide application in a common area and shall remain posted for at least 24 hours after the pesticide is applied.
(B) Landlords and their authorized agents are not liable for any notice removed from a common area without the knowledge or consent of the landlord lessor or authorized agent.
(C) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application required in subparagraph (A) unreasonable, a landlord lessor or authorized agent shall post the notification as soon as practicable, but not later than one hour after the pesticide is applied.
(3) If a common area lacks a suitable place to post a notice, then the landlord lessor shall provide the notice to each dwelling unit in at least one of the following ways:
(A) First-class mail.
(B) Personal delivery to the tenant, lessee, someone of suitable age and discretion at the premises, or under the usual entry door of the premises.
(C) Electronic delivery, if an electronic mailing address has been provided by the tenant. lessee.
(D) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.
(4) This subdivision shall not be construed to require any landlord lessor or authorized agent, or an association, as defined in Section 4080, to provide notice of pesticide use in common areas within a common interest development, as defined in Section 4100.
(d) (1) A landlord lessor or authorized agent that routinely applies pesticide in a common area on a set schedule without a licensed pest control operator shall provide a tenant lessee in each dwelling unit with written notice that contains the following statements and information using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be used.
(C) “State law requires that you be given the following information:

CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).
For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”

(D) The schedule pursuant to which the pesticide will be routinely applied.
(2) (A) The landlord lessor or authorized agent shall provide the notice to both of the following:
(i) Existing tenants lessees prior to the initial pesticide application.
(ii) Each new tenant lessee prior to entering into a lease agreement.
(B) The landlord lessor or authorized agent shall provide the notice to the tenant lessee in at least one of the following ways:
(i) First-class mail.
(ii) Personal delivery to the tenant, lessee, someone of suitable age and discretion at the premises, or under the usual entry door of the premises.
(iii) Electronic delivery, if an electronic mailing address has been provided by the tenant. lessee.
(iv) Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.
(C) If the pesticide to be used is changed, a landlord lessor or authorized agent shall provide a new notice pursuant to paragraph (1).
(D) This subdivision shall not be construed to require any landlord lessor or authorized agent, or an association, as defined in Section 4080, to provide notice of pesticide use in common areas within a common interest development, as defined in Section 4100.
(e) Nothing in this section abrogates the responsibility of a registered structural pest control company to abide by the notification requirements of Section 8538 of the Business and Professions Code.
(f) Nothing in this section authorizes a landlord lessor or authorized agent to enter a tenant’s lessee’s dwelling unit in violation of Section 1954.
(g) If a tenant lessee is provided notice in compliance with this section, a landlord lessor or authorized agent is not required to provide additional information, and the information shall be deemed adequate to inform the tenant lessee regarding the application of pesticides.

1940.9.

 (a) If the landlord lessor does not provide separate gas and electric meters for each tenant’s lessee’s dwelling unit so that each tenant’s lessee’s meter measures only the electric or gas service to that tenant’s lessee’s dwelling unit and the landlord lessee or his or her the lessee’s agent has knowledge that gas or electric service provided through a tenant’s lessee’s meter serves an area outside the tenant’s lessee’s dwelling unit, the landlord, lessor or lessor’s agent, prior to the inception of the tenancy or upon discovery, shall explicitly disclose that condition to the tenant lessee and shall do either of the following:

(1)  Execute a mutual written agreement with the tenant lessee for payment by the tenant lessee of the cost of the gas or electric service provided through the tenant’s lessee’s meter to serve areas outside the tenant’s lessee’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 lessee’s meter to serve areas outside the tenant’s lessee’s dwelling unit. These arrangements may include, but are not limited to, the landlord lessor or lessor’s agent becoming the customer of record for the tenant’s lessee’s meter, or the landlord lessor or lessor’s agent separately metering and becoming the customer of record for the area outside the tenant’s lessee’s dwelling unit.
(b) If a landlord lessor or lessor’s agent fails to comply with subdivision (a), the aggrieved tenant lessee 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 lessor or lessor’s agent to be made the customer of record with the utility for the tenant’s lessee’s meter.
(2) Ordering the landlord lessor or lessor’s agent to reimburse the tenant lessee for payments made by the tenant lessee to the utility for service to areas outside of the tenant’s lessee’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 lessor or lessor’s agent or tenant lessee under other provisions of this chapter, the rental agreement, or applicable statutory or common law.

1940.10.

 (a) For the purposes of this section, the following definitions shall apply:

(1) “Private area” means an outdoor backyard area that is on the ground level of the rental unit.
(2) “Personal agriculture” means a use of land where an individual cultivates edible plant crops for personal use or donation.
(3) “Plant crop” means any crop in its raw or natural state, which comes from a plant that will bear edible fruits or vegetables. It shall not include marijuana or any unlawful crops or substances.
(b) A landlord lessor or lessor’s agent shall permit a tenant lessee to participate in personal agriculture in portable containers approved by the landlord lessor or lessor’s agent in the tenant’s lessee’s private area if the following conditions are met:
(1) The tenant lessee regularly removes any dead plant material and weeds, with the exception of straw, mulch, compost, and any other organic materials intended to encourage vegetation and retention of moisture in soil, unless the landlord lessor or lessor’s agent and tenant lessee have a preexisting or separate agreement regarding garden maintenance where the tenant lessee is not responsible for removing or maintaining plant crop and weeds.
(2) The plant crop will not interfere with the maintenance of the rental property.
(3) The placement of the portable containers does not interfere with any tenant’s lessee’s parking spot.
(4) The placement and location of the portable containers may be determined by the landlord. lessor or lessor’s agent. The portable containers may not create a health and safety hazard, block doorways, or interfere with walkways or utility services or equipment.
(c) The cultivation of plant crops on the rental property other than that which is contained in portable containers shall be subject to approval from the landlord. lessor or lessor’s agent.
(d) A landlord lessor or lessor’s agent may prohibit the use of synthetic chemical herbicides, pesticides, fungicides, rodenticides, insecticides, or any other synthetic chemical product commonly used in the growing of plant crops.
(e) A landlord lessor or lessor’s agent may require the tenant lessee to enter into a written agreement regarding the payment of any excess water and waste collection bills arising from the tenant’s lessee’s personal agriculture activities.
(f) Subject to the notice required by Section 1954, a landlord lessor or lessor’s agent has a right to periodically inspect any area where the tenant lessee is engaging in personal agriculture to ensure compliance with this section.
(g) This section shall only apply to residential real property that is improved with, or consisting of, a building containing not more than two units that are intended for human habitation.

1940.20.

 (a) For purposes of this section, the following definitions shall apply:

(1) “Clothesline” includes a cord, rope, or wire from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a clothesline.
(2) “Drying rack” means an apparatus from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a drying rack.
(3) “Private area” means an outdoor area or an area in the tenant’s lessee’s premises enclosed by a wall or fence with access from a door of the premises.
(b) A tenant lessee may utilize a clothesline or drying rack in the tenant’s lessee’s private area if all of the following conditions are met:
(1) The clothesline or drying rack will not interfere with the maintenance of the rental property.
(2) The clothesline or drying rack will not create a health or safety hazard, block doorways, or interfere with walkways or utility service equipment.
(3) The tenant lessee seeks the landlord’s lessor’s or lessor’s agent’s consent before affixing a clothesline to a building.
(4) Use of the clothesline or drying rack does not violate reasonable time or location restrictions imposed by the landlord. lessor or lessor’s agent.
(5) The tenant lessee has received approval of the clothesline or drying rack, or the type of clothesline or drying rack, from the landlord. lessor or lessor’s agent.

1941.1.

 (a) 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:

(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
(3) A water supply approved under applicable law that is under the control of the tenant, lessee, capable of producing hot and cold running water, or a system that is under the control of the landlord, lessor or lessor’s agent, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
(4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
(5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
(6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, lessor or lessor’s agent, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
(7) 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 lessor or lessor’s agent providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her the lessor’s or lessor’s agent’s control.
(8) Floors, stairways, and railings maintained in good repair.
(9) 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.
(b) Nothing in this section shall be interpreted to prohibit a tenant lessee or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.

1941.2.

 (a)  No duty on the part of the landlord lessor or lessor’s agent to repair a dilapidation shall arise under Section 1941 or 1942 if the tenant lessee is in substantial violation of any of the following affirmative obligations, provided the tenant’s lessee’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s lessor’s or lessor’s agent’s obligation under Section 1941 to effect the necessary repairs:

(1) To keep that part of the premises which he that the lessee occupies and uses clean and sanitary as the condition of the premises permits.
(2) To dispose from his the lessee’s 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 the lessee’s 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 the lessee do any such thing.
(5) To occupy the premises as his the lessee’s 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 lessor or lessor’s agent 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, lessor or lessor’s 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 of13/16 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 lessee shall be responsible for notifying the owner or his or her authorized lessor or lessor’s agent when the tenant lessee 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, lessor or lessor’s agent shall not be liable for a violation of subdivision (a) unless he or she the lessor or lessor’s agent fails to correct the violation within a reasonable time after he or she the lessor or lessor’s agent 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 lessee for a violation of this section by the landlord lessor or lessor’s agent 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 lessee 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 lessor or lessor’s agent 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 lessor’s or lessor’s agent’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. lessor or lessor’s agent.
(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.

1941.5.

 (a) This section shall apply if a person who is restrained from contact with the protected tenant lessee under a court order or is named in a police report is not a tenant lessee of the same dwelling unit as the protected tenant. lessee.

(b) A landlord lessor or lessor’s agent shall change the locks of a protected tenant’s lessee’s dwelling unit upon written request of the protected tenant lessee not later than 24 hours after the protected tenant lessee gives the landlord lessor or lessor’s agent a copy of a court order or police report, and shall give the protected tenant lessee a key to the new locks.
(c) (1) If a landlord lessor or lessor’s agent fails to change the locks within 24 hours, the protected tenant lessee may change the locks without the landlord’s permission, notwithstanding any provision in the lease to the contrary.
(2) If the protected tenant lessee changes the locks pursuant to this subdivision, the protected tenant lessee shall do all of the following:
(A) Change the locks in a workmanlike manner with locks of similar or better quality than the original lock.
(B) Notify the landlord lessor or lessor’s agent within 24 hours that the locks have been changed.
(C) Provide the landlord lessor or lessor’s agent with a key by any reasonable method agreed upon by the landlord lessor or lessor’s agent and protected tenant. lessee.
(3) This subdivision shall apply to leases executed on or after the date the act that added this section takes effect.
(d) For the purposes of this section, the following definitions shall apply:
(1) “Court order” means a court order lawfully issued within the last 180 days pursuant to Section 527.6 of the Code of Civil Procedure, Part 3 (commencing with Section 6240), Part 4 (commencing with Section 6300), or Part 5 (commencing with Section 6400) of Division 10 of the Family Code, Section 136.2 of the Penal Code, or Section 213.5 of the Welfare and Institutions Code.

(2) “Lessee” means tenant, subtenant, lessee, or sublessee.

(2)

(3) “Locks” means any exterior lock that provides access to the dwelling.

(3)

(4) “Police report” means a written report, written within the last 180 days, by a peace officer employed by a state or local law enforcement agency acting in his or her the peace officer’s official capacity, stating that the protected tenant lessee or a household member has filed a report alleging that the protected tenant lessee or the household member is a victim of domestic violence, sexual assault, or stalking.

(4)

(5) “Protected tenant” lessee means a tenant lessee who has obtained a court order or has a copy of a police report.

(5)“Tenant” means tenant, subtenant, lessee, or sublessee.


(2)
(3)
(4)
(5)“Tenant” means tenant, subtenant, lessee, or sublessee.

1941.6.

 (a) This section shall apply if a person who is restrained from contact with a protected tenant lessee under a court order is a tenant lessee of the same dwelling unit as the protected tenant. lessee.

(b) A landlord lessor or lessor’s agent shall change the locks of a protected tenant’s lessee’s dwelling unit upon written request of the protected tenant lessee not later than 24 hours after the protected tenant lessee gives the landlord lessor or lessor’s agent a copy of a court order that excludes from the dwelling unit the restrained person referred to in subdivision (a). The landlord lessor or lessor’s agent shall give the protected tenant lessee a key to the new locks.
(c) (1) If a landlord lessor or lessor’s agent fails to change the locks within 24 hours, the protected tenant lessee may change the locks without the landlord’s permission, notwithstanding any provision in the lease to the contrary.
(2) If the protected tenant lessee changes the locks pursuant to this subdivision, the protected tenant lessee shall do all of the following:
(A) Change the locks in a workmanlike manner with locks of similar or better quality than the original lock.
(B) Notify the landlord lessor or lessor’s agent within 24 hours that the locks have been changed.
(C) Provide the landlord lessor or lessor’s agent with a key by any reasonable method agreed upon by the landlord lessor or lessor’s agent and protected tenant. lessee.
(3) This subdivision shall apply to leases executed on or after the date the act that added this section takes effect.
(d) Notwithstanding Section 789.3, if the locks are changed pursuant to this section, the landlord lessor or lessor’s agent is not liable to a person excluded from the dwelling unit pursuant to this section.
(e) A person who has been excluded from a dwelling unit under this section remains liable under the lease with all other tenants lessees of the dwelling unit for rent as provided in the lease.
(f) For the purposes of this section, the following definitions shall apply:
(1) “Court order” means a court order lawfully issued within the last 180 days pursuant to Section 527.6 of the Code of Civil Procedure, Part 3 (commencing with Section 6240), Part 4 (commencing with Section 6300), or Part 5 (commencing with Section 6400) of Division 10 of the Family Code, Section 136.2 of the Penal Code, or Section 213.5 of the Welfare and Institutions Code.

(2) “Lessee” means tenant, subtenant, lessee, or sublessee.

(2)

(3) “Locks” means any exterior lock that provides access to the dwelling.

(3)

(4) “Protected tenant” lessee means a tenant lessee who has obtained a court order.

(4)“Tenant” means tenant, subtenant, lessee, or sublessee.


(2)
(3)
(4)“Tenant” means tenant, subtenant, lessee, or sublessee.

1941.7.

 (a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code until the lessor has notice of the dilapidation or if the tenant lessee is in violation of Section 1941.2.

(b) A landlord lessor or lessor’s agent may enter a dwelling unit to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code provided the landlord lessor or lessor’s agent complies with the provisions of Section 1954.

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, lessor or lessor’s agent of dilapidations rendering the premises untenantable which that the landlord lessor or lessor’s agent ought to repair, the landlord lessor or lessor’s agent neglects to do so, the tenant lessee may repair the same himself where if 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 lessee may vacate the premises, in which case the tenant lessee 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 lessee more than twice in any 12-month period.

(b) For the purposes of this section, if a tenant lessee acts to repair and deduct after the 30th day following notice, he the lessee 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 lessee from repairing and deducting after a shorter notice if all the circumstances require shorter notice.
(c) The tenant’s lessee’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.

1942.2.

 A tenant lessee 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, or to a district pursuant to Section 60371 of the Government Code, may deduct the payment from the rent as provided in that section.

1942.3.

 (a) In any unlawful detainer action by the landlord lessor or lessor’s agent to recover possession from a tenant, lessee, a rebuttable presumption affecting the burden of producing evidence that the landlord lessor or lessor’s agent 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, lessor or lessor’s agent in a written notice issued after inspection of the premises which that informs the landlord of his or her lessor or lessor’s agent of the lessor’s or lessor’s agent’s 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 lessee to raise and pursue any defense based on the landlord’s lessor’s or lessor’s agent’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 lessor or lessor’s agent 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 lessor’s or lessor’s agent’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 lessor or lessor’s agent in writing of his or her the lessor’s or lessor’s agent’s 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 lessor or lessor’s agent 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 lessor or lessor’s agent 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 the lessee’s 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 lessor or lessor’s agent to comply with this section if he or she the lessor or lessor’s agent pursues his or her the lessor’s or lessor’s agent’s rights pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.

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’ lessees rights or to participate in a lessees’ association or association of tenants lessees or an association that advocates tenants’ lessees 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.

1942.7.

 (a) A person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual’s or corporation’s agents or successors in interest, and that allows an animal on the premises, shall not do any of the following:

(1) Advertise, through any means, the availability of real property for occupancy in a manner designed to discourage application for occupancy of that real property because an applicant’s animal has not been declawed or devocalized.
(2) Refuse to allow the occupancy of any real property, refuse to negotiate the occupancy of any real property, or otherwise make unavailable or deny to any other person the occupancy of any real property because of that person’s refusal to declaw or devocalize any animal.
(3) Require any tenant lessee or occupant of real property to declaw or devocalize any animal allowed on the premises.
(b) For purposes of this section, the following definitions apply:
(1) “Animal” means any mammal, bird, reptile, or amphibian.
(2) “Application for occupancy” means all phases of the process of applying for the right to occupy real property, including, but not limited to, filling out applications, interviewing, and submitting references.
(3) “Claw” means a hardened keratinized modification of the epidermis, or a hardened keratinized growth, that extends from the end of the digits of certain mammals, birds, reptiles, and amphibians, often commonly referred to as a “claw,” “talon,” or “nail.”
(4) “Declawing” means performing, procuring, or arranging for any procedure, such as an onychectomy, tendonectomy, or phalangectomy, to remove or to prevent the normal function of an animal’s claw or claws.
(5) “Devocalizing” means performing, procuring, or arranging for any surgical procedure such as a vocal cordectomy, to remove an animal’s vocal cords or to prevent the normal function of an animal’s vocal cords.
(6) “Owner” means any person who has any right, title, or interest in real property.
(c) (1) A city attorney, district attorney, or other law enforcement prosecutorial entity has standing to enforce this section and may sue for declaratory relief or injunctive relief for a violation of this section, and to enforce the civil penalties provided in paragraphs (2) and (3).
(2) In addition to any other penalty allowed by law, a violation of paragraph (1) of subdivision (a) shall result in a civil penalty of not more than one thousand dollars ($1,000) per advertisement, to be paid to the entity that is authorized to bring the action under this section.
(3) In addition to any other penalty allowed by law, a violation of paragraph (2) or (3) of subdivision (a) shall result in a civil penalty of not more than one thousand dollars ($1,000) per animal, to be paid to the entity that is authorized to bring the action under this section.

1942.8.

 (a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords lessors or lessors’ agents and tenants lessees to permit those persons to temporarily reside on their property.

(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant lessee may, with the written approval of the owner or landlord lessor or lessor’s agent of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness.
(c) (1) An owner or landlord A lessor or lessor’s agent may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenant’s lessee’s dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord lessor or lessor’s agent and the tenant, lessee, and shall be consistent with any applicable rent stabilization law or regulation.
(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant lessee was already subject, the landlord lessor or lessor’s agent shall adjust the rent back to the amount that was due from the tenant lessee before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.
(3)  The tenant lessee shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.
(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).
(e) For purposes of this section, the tenant lessee shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).
(f) Unless otherwise agreed upon by all parties, all of the following apply:
(1) The tenant lessee shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant lessee was already subject, and the tenant lessee shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.
(2) The tenant lessee and the landlord lessor or lessor’s agent shall enter into a written agreement, signed by both parties, indicating that the tenant lessee is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include a provision that states that failure by the tenant lessee to terminate the occupancy of the person at risk of homelessness upon that person’s violation of the rules and regulations pursuant to the lease or property agreement of the tenant lessee could result in termination of the lease or property agreement of the tenant. lessee.
(3) The tenant lessee shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord lessor or lessor’s agent to which the tenant lessee was already subject.
(4) The tenant lessee and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant lessee was already subject.
(5) The tenant lessee shall provide the person at risk of homelessness and the landlord lessor or lessor’s agent with a copy of the signed written agreement described in paragraph (4).
(g) (1) The person at risk of homelessness’ right to occupy the premises shall terminate on the earlier of any of the following:
(A) The date agreed to by the landlord. lessor or lessor’s agent.
(B) The termination of the tenant’s lessee’s tenancy for any reason.
(C) The tenant lessee vacating the premises.
(D) At least seven days after the tenant lessee provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:
(i) If the landlord lessor or lessor’s agent has served the tenant lessee with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness’ right to occupy shall terminate 24 hours after the tenant lessee provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.
(ii) The person at risk of homelessness’ right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.
(2) Upon termination of the person at risk of homelessness’ right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.
(h) Prior to terminating the tenant’s lessee’s lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord lessor or lessor’s agent shall provide the tenant lessee with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.
(i) Nothing in this section shall be construed to compel a landlord or property owner lessor or lessor’s agent to agree to permit the occupancy of the person at risk of homelessness in the unit.
(j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the building’s occupancy limits or other applicable building standards.
(k) For the purposes of this section, “person who is at risk of homelessness” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.
(l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.
(m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants lessees to add additional members to their household with or without prior approval from the landlord. lessor or lessor’s agent.
(n) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

1942.9.

 (a) Notwithstanding any other law, a landlord lessor or lessor’s agent shall not, with respect to a tenant lessee who has COVID-19 rental debt, as that term is defined in Section 1179.02 of the Code of Civil Procedure, and who has submitted a declaration of COVID-19-related financial distress, as defined in Section 1179.02 of the Code of Civil Procedure, do either of the following:

(1) Charge a tenant, lessee, or attempt to collect from a tenant, lessee, fees assessed for the late payment of that COVID-19 rental debt.
(2) Increase fees charged to the tenant lessee or charge the tenant lessee fees for services previously provided by the landlord lessor or lessor’s agent without charge.
(b) Notwithstanding any other law, a landlord lessor or lessor’s agent who temporarily reduces or makes unavailable a service or amenity as the result of compliance with federal, state, or local public health orders or guidelines shall not be considered to have violated the rental or lease agreement, nor to have provided different terms or conditions of tenancy or reduced services for purposes of any law, ordinance, rule, regulation, or initiative measure adopted by a local governmental entity that establishes a maximum amount that a landlord lessor or lessor’s agent may charge a tenant lessee for rent.

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 that party’s 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 the 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 the 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 the notice or by delivering a copy to the agent personally. The notice given by the lessor shall also contain, in substantially the same form, the following:

“State law permits former tenants lessees to reclaim abandoned personal property left at the former address of the tenant, lessee, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord lessor or lessor’s agent after being notified that property belonging to you was left behind after you moved out.”
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 the party’s 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 lessee 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 lessee or resident has resided in the dwelling for less than one year.
(d) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:
(1) The dwelling or unit is alienable separate from the title to any other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code, or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow has been established.
(5) Notice was not previously given to the tenant lessee 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 the owner’s intention to terminate the tenancy pursuant to this section, a tenant lessee may also give notice of his or her the lessee’s intention to terminate the tenancy pursuant to this section, provided that the tenant’s lessee’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.
(h) Any notice given by an owner pursuant to this section shall contain, in substantially the same form, the following:

“State law permits former tenants lessees to reclaim abandoned personal property left at the former address of the tenant, lessee, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord lessor or lessor’s agent after being notified that property belonging to you was left behind after you moved out.”
1946.2.

 (a) Notwithstanding any other law, after a tenant lessee has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants lessees are added to the lease before an existing tenant lessee has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:

(1) All of the tenants lessees have continuously and lawfully occupied the residential real property for 12 months or more.
(2) One or more tenants lessees have continuously and lawfully occupied the residential real property for 24 months or more.
(b) For purposes of this section, “just cause” includes either of the following:
(1) At-fault just cause, which is any of the following:
(A) Default in the payment of rent.
(B) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
(C) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(D) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(E) The tenant lessee had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobilehome, and after a written request or demand from the owner, the tenant lessee has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
(F) Criminal activity by the tenant lessee on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.
(G) Assigning or subletting the premises in violation of the tenant’s lessee’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(H) The tenant’s lessee’s refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
(I) Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(J) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
(K) When the tenant lessee fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the tenant’s lessee’s intention to terminate the hiring of the real property, property or makes a written offer to surrender that is accepted in writing by the landlord, lessor or lessor’s agent but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
(2) No-fault just cause, which includes any of the following:
(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(ii) For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, clause (i) shall apply only if the tenant lessee agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
(B) Withdrawal of the residential real property from the rental market.
(C) (i) The owner complying with any of the following:
(I) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(II) An order issued by a government agency or court to vacate the residential real property.
(III) A local ordinance that necessitates vacating the residential real property.
(ii) If it is determined by any government agency or court that the tenant lessee is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant lessee shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
(D) (i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant lessee in place and that requires the tenant lessee to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.
(c) Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant lessee with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
(d) (1) For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s lessee’s income, at the owner’s option, do one of the following:
(A) Assist the tenant lessee to relocate by providing a direct payment to the tenant lessee as described in paragraph (3).
(B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
(2) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant lessee of the tenant’s lessee’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.
(3) (A) The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s lessee’s rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.
(B) If a tenant lessee fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
(C) The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.
(4) An owner’s failure to strictly comply with this subdivision shall render the notice of termination void.
(e) This section shall not apply to the following types of residential real properties or residential circumstances:
(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
(2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(4) Housing accommodations in which the tenant lessee shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
(5) Single-family owner-occupied residences, including both of the following:
(A) A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
(B) A mobilehome.
(6) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
(7) Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.
(8) Residential real property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(iv) Management of a mobilehome park, as defined in Section 798.2.
(B) (i) The tenants lessees have been provided written notice that the residential property is exempt from this section using the following statement:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”

(ii) (I) Except as provided in subclause (II), for a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(II) For a tenancy in a mobilehome existing before July 1, 2022, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) (I) Except as provided in subclause (II), for any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(II) For any tenancy in a mobilehome commenced or renewed on or after July 1, 2022, the notice required under clause (i) shall be provided in the rental agreement.
(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
(9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An owner of residential real property subject to this section shall provide notice to the tenant lessee as follows:
(1) (A) Except as provided in subparagraph (B), for any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, lessee, with a copy provided to the tenant. lessee.
(B) For a tenancy in a mobilehome commenced or renewed on or after July 1, 2022, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, lessee, with a copy provided to the tenant. lessee.
(2) (A) Except as provided in subparagraph (B), for a tenancy existing prior to July 1, 2020, by written notice to the tenant lessee no later than August 1, 2020, or as an addendum to the lease or rental agreement.
(B) For a tenancy in a mobilehome existing prior to July 1, 2022, by written notice to the tenant lessee no later than August 1, 2022, or as an addendum to the lease or rental agreement.
(3) The notification or lease provision shall be in no less than 12-point type, and shall include the following:
“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants lessees have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants lessees has continuously and lawfully occupied the property for 24 months or more, a landlord lessor or lessor’s agent must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”

The provision of the notice shall be subject to Section 1632.

(g) (1) This section does not apply to the following residential real property:
(A) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply.
(B) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply. For purposes of this subparagraph, an ordinance is “more protective” if it meets all of the following criteria:
(i) The just cause for termination of a residential tenancy under the local ordinance is consistent with this section.
(ii) The ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant lessee protections that are not prohibited by any other provision of law.
(iii) The local government has made a binding finding within their local ordinance that the ordinance is more protective than the provisions of this section.
(2) A residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section.
(3) A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.
(h) Any waiver of the rights under this section shall be void as contrary to public policy.
(i) For the purposes of this section, the following definitions shall apply:
(1) “Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner.
(2) “Residential real property” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.
(3) “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(j) This section shall not apply to a homeowner of a mobilehome, as defined in Section 798.9.
(k) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

1946.7.

 (a) A tenant lessee may notify the landlord lessor or lessor’s agent that the tenant lessee intends to terminate the tenancy if the tenant, lessee, a household member, or an immediate family member was the victim of an act that constitutes any of the following:

(1) Domestic violence as defined in Section 6211 of the Family Code.
(2) Sexual assault as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.
(3) Stalking as defined in Section 1708.7.
(4) Human trafficking as defined in Section 236.1 of the Penal Code.
(5) Abuse of an elder or a dependent adult as defined in Section 15610.07 of the Welfare and Institutions Code.
(6) A crime that caused bodily injury or death.
(7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.
(8) A crime that included the use of force against the victim or a threat of force against the victim.
(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, emergency protective order, or protective order lawfully issued pursuant to Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5 or 15657.03 of the Welfare and Institutions Code that protects the tenant, lessee, household member, or immediate family member from further domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or any act or crime listed in subdivision (a).
(2) A copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officer’s official capacity stating that the tenant, lessee, household member, or immediate family member has filed a report alleging that the tenant, lessee, the household member, or the immediate family member is a victim of an act or crime listed in subdivision (a).
(3) (A) Documentation from a qualified third party based on information received by that third party while acting in the third party’s professional capacity to indicate that the tenant, lessee, household member, or immediate family member is seeking assistance for physical or mental injuries or abuse resulting from an act or crime listed in subdivision (a).
(B) The documentation shall contain, in substantially the same form, the following:
Tenant Statement and Qualified Third Party Statement
under Civil Code Section 1946.7
Part I.Statement By Tenant
 
I, [insert name of tenant], state as follows:
 
I, or a member of my household or immediate family, have been a victim of:
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.]
 
The most recent incident(s) happened on or about:
[insert date or dates.]
 
The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide:
[if known and safe to provide, insert name(s) and physical description(s).]
(signature of tenant)(date) 
Part II.Qualified Third Party Statement
I, [insert name of qualified third party], state as follows:
 
My business address and phone number are:
[insert business address and phone number.]
Check and complete one of the following:
____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code.
____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section.
____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code.
____I meet the definition of “victim of violent crime advocate” provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by a reputable agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
____I am licensed by the State of California as a:
[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is:
[insert name of state licensing entity and license number.]
The person who signed the Statement By Tenant above stated to me that the person, or a member of the person’s household or immediate family, is a victim of:
[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.]
The person further stated to me the incident(s) occurred on or about the date(s) stated above.
I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord.
(signature of qualified third party)(date)
(C) The documentation may be signed by a person who meets the requirements for a sexual assault counselor, domestic violence counselor, a human trafficking caseworker, or a victim of violent crime advocate only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor, caseworker, or advocate.
(4) Any other form of documentation that reasonably verifies that the crime or act listed in subdivision (a) occurred.
(c) If the tenant lessee is terminating tenancy pursuant to subdivision (a) because an immediate family member is a victim of an eligible act or crime listed in subdivision (a) and that tenant lessee did not live in the same household as the immediate family member at the time of the act or crime, and no part of the act or crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant, lessee, the tenant lessee shall attach to the notice and other documentation required by subdivision (b) a written statement stating all of the following:
(1) The tenant’s lessee’s immediate family member was a victim of an act or crime listed in subdivision (a).
(2) The tenant lessee intends to relocate as a result of the tenant’s lessee’s immediate family member being a victim of an act or crime listed in subdivision (a).
(3) The tenant lessee is relocating to increase the safety, physical well-being, emotional well-being, psychological well-being, or financial security of the tenant lessee or of the tenant’s lessee’s immediate family member as a result of the act or crime.
(d) The notice to terminate the tenancy shall be given within 180 days of the date that any order described in paragraph (1) of subdivision (b) was issued, within 180 days of the date that any written report described in paragraph (2) of subdivision (b) was made, within 180 days of the date that a crime described in paragraph (6), (7), or (8) of subdivision (a) occurred, or within the time period described in Section 1946.
(e) If notice to terminate the tenancy is provided to the landlord lessor or lessor’s agent under this section, the tenant lessee shall be responsible for payment of rent for no more than 14 calendar days following the giving of the notice, or for any shorter appropriate period as described in Section 1946 or the lease or rental agreement. The tenant lessee shall be released from any rent payment obligation under the lease or rental agreement without penalty. If the premises are relet to another party prior to the end of the obligation to pay rent, the rent owed under this subdivision shall be prorated.
(f) Notwithstanding any law, a landlord lessor or lessor’s agent shall not require a tenant lessee who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money or advance rent paid due to that termination. A tenant lessee who terminates a rental agreement pursuant to this section shall not be considered for any purpose, by reason of the termination, to have breached the lease or rental agreement. Existing law governing the security deposit shall apply.
(g) This section does not relieve a tenant, lessee, other than the tenant lessee who is, or who has a household member or immediate family member who is, a victim of an act or crime listed in subdivision (a) and members of that tenant’s lessee’s household, from their obligations under the lease or rental agreement.
(h) For purposes of this section, the following definitions apply:
(1) “Household member” means a member of the tenant’s lessee’s family who lives in the same household as the tenant. lessee.
(2) “Health practitioner” means a physician and surgeon, osteopathic physician and surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.
(3) “Immediate family member” means the parent, stepparent, spouse, child, child-in-law, stepchild, or sibling of the tenant, lessee, or any person living in the tenant’s lessee’s household at the time the crime or act listed in subdivision (a) occurred who has a relationship with the tenant lessee that is substantially similar to that of a family member.
(4) “Qualified third party” means a health practitioner, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a human trafficking caseworker, as defined in Section 1038.2 of the Evidence Code.
(5) “Victim of violent crime advocate” means a person who is employed, whether financially compensated or not, for the purpose of rendering advice or assistance to victims of violent crimes for a reputable agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
(i) (1) A landlord lessor or lessor’s agent shall not disclose any information provided by a tenant lessee under this section to a third party unless the disclosure satisfies any one of the following:
(A) The tenant lessee consents in writing to the disclosure.
(B) The disclosure is required by law or order of the court.
(2) A landlord’s lessor’s or lessor’s agent’s communication to a qualified third party who provides documentation under paragraph (3) of subdivision (b) to verify the contents of that documentation is not disclosure for purposes of this subdivision.
(j) An owner or an owner’s agent shall not refuse to rent a dwelling unit to an otherwise qualified prospective tenant lessee or refuse to continue to rent to an existing tenant lessee solely on the basis that the tenant lessee has previously exercised the tenant’s lessee’s rights under this section or has previously terminated a tenancy because of the circumstances described in subdivision (a).

1946.8.

 (a) For purposes of this section:

(1) “Individual in an emergency” means a person who believes that immediate action is required to prevent or mitigate the loss or impairment of life, health, or property.
(2) “Occupant” means a person residing in a dwelling unit with the tenant. lessee. “Occupant” includes lodgers as defined in Section 1946.5.
(3) “Penalties” means the following:
(A) The actual or threatened assessment of fees, fines, or penalties.
(B) The actual or threatened termination of a tenancy or the actual or threatened failure to renew a tenancy.
(C) Subjecting a tenant lessee to inferior terms, privileges, and conditions of tenancy in comparison to tenants lessees who have not sought law enforcement assistance or emergency assistance.
(4) “Resident” means a member of the tenant’s lessee’s household or any other occupant living in the dwelling unit with the consent of the tenant. lessee.
(5) “Victim of abuse” includes:
(A) A victim of domestic violence as defined in Section 6211 of the Family Code.
(B) A victim of elder or dependent adult abuse as defined in Section 15610.07 of the Welfare and Institutions Code.
(C) A victim of human trafficking as described in Section 236.1 of the Penal Code.
(D) A victim of sexual assault, meaning a victim of any act made punishable by Section 261, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.
(E) A victim of stalking as described in Section 1708.7 of this code or Section 646.9 of the Penal Code.
(6) “Victim of crime” means any victim of a misdemeanor or felony.
(b) Any provision in a rental or lease agreement for a dwelling unit that prohibits or limits, or threatens to prohibit or limit, a tenant’s, lessee’s, resident’s, or other person’s right to summon law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency, if the tenant, lessee, resident, or other person believes that the law enforcement assistance or emergency assistance is necessary to prevent or address the perpetration, escalation, or exacerbation of the abuse, crime, or emergency, shall be void as contrary to public policy.
(c) A landlord lessor or lessor’s agent shall not impose, or threaten to impose, penalties on a tenant lessee or resident who exercises the tenant’s lessee’s or resident’s right to summon law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency, based on the person’s belief that the assistance is necessary, as described in subdivision (b). A landlord lessor or lessor’s agent shall not impose, or threaten to impose, penalties on a tenant lessee or resident as a consequence of a person who is not a resident or tenant lessee summoning law enforcement assistance or emergency assistance on the tenant’s, lessee’s, resident’s, or other person’s behalf, based on the person’s belief that the assistance is necessary.
(d) Documentation is not required to establish belief for purposes of subdivision (b) or (c), but belief may be established by documents such as those described in Section 1161.3 of the Code of Civil Procedure.
(e) Any waiver of the provisions of this section is contrary to public policy and is void and unenforceable.
(f) (1) In an action for unlawful detainer, a tenant, lessee, resident, or occupant may raise, as an affirmative defense, that the landlord or owner lessor or lessor’s agent violated this section.
(2) There is a rebuttable presumption that a tenant, lessee, resident, or occupant has established an affirmative defense under this subdivision if the landlord or owner lessor or lessor’s agent files a complaint for unlawful detainer within 30 days of a resident, tenant, lessee, or other person summoning law enforcement assistance or emergency assistance and the complaint is based upon a notice that alleges that the act of summoning law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency constitutes a rental agreement violation, lease violation, or a nuisance. A reference to a person summoning law enforcement in a notice that is the basis for a complaint for unlawful detainer that is necessary to describe conduct that is alleged to constitute a violation of a rental agreement or lease is not, in itself, an allegation for purposes of this paragraph.
(3) A landlord or owner lessor or lessor’s agent may rebut the presumption described in paragraph (2) by demonstrating that a reason other than the summoning of law enforcement or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency was a substantial motivating factor for filing the complaint.
(g) In addition to other remedies provided by law, a violation of this section entitles a tenant, lessee, a resident, or other aggrieved person to seek injunctive relief prohibiting the landlord lessor or lessor’s agent from creating or enforcing policies in violation of this section, or from imposing or threatening to impose penalties against the tenant, lessee, resident, or other aggrieved person based on summoning law enforcement or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency.
(h) This section does not permit an injunction to be entered that would prohibit the filing of an unlawful detainer action.
(i) This section does not limit a landlord’s lessor or lessor’s agent exercise of the landlord’s lessor’s or lessor’s agent’s other rights under a lease or rental agreement, or under other law pertaining to the hiring of property, with regard to matters that are not addressed by this section.

1947.3.

 (a) (1) Except as provided in paragraph (2), a landlord or a landlord’s lessor or lessor’s agent shall allow a tenant lessee to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer.

(2) A landlord or a landlord’s lessor or lessor’s agent may demand or require cash as the exclusive form of payment of rent or deposit of security if the tenant lessee has previously attempted to pay the landlord or landlord’s lessor or lessor’s agent with a check drawn on insufficient funds or the tenant lessee has instructed the drawee to stop payment on a check, draft, or order for the payment of money. The landlord lessor or lessor’s agent 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 lessee’s instruction to stop payment. If the landlord lessor chooses to demand or require cash payment under these circumstances, the landlord lessor or lessor’s agent shall give the tenant lessee a written notice stating that the payment instrument was dishonored and informing the tenant lessee that the tenant lessee shall pay in cash for a period determined by the landlord, lessor or lessor’s agent, 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) Subject to the limitations below, a landlord or a landlord’s lessor or lessor’s agent shall allow a tenant lessee to pay rent through a third party.
(A) A landlord or landlord’s lessor or lessor’s agent is not required to accept the rent payment tendered by a third party unless the third party has provided to the landlord or landlord’s lessor or lessor’s agent a signed acknowledgment stating that they are not currently a tenant lessee of the premises for which the rent payment is being made and that acceptance of the rent payment does not create a new tenancy with the third party.
(B) Failure by a third party to provide the signed acknowledgment to the landlord or landlord’s lessor or lessor’s agent shall void the obligation of a landlord or landlord’s lessor or lessor’s agent to accept a tenant’s lessee’s rent tendered by a third party.
(C) The landlord or landlord’s lessor or lessor’s agent may, but is not required to, provide a form acknowledgment to be used by third parties, as provided for in subparagraph (A), provided however that a landlord lessor or lessor’s agent shall accept as sufficient for compliance with subparagraph (A) an acknowledgment in substantially the following form:

I, [insert name of third party], state as follows:
I am not currently a tenant lessee of the premises located at [insert address of premises].
I acknowledge that acceptance of the rent payment I am offering for the premises does not create a new tenancy.
(signature of third party) _____
(date)

(D) A landlord or landlord’s lessor or lessor’s agent may require a signed acknowledgment for each rent payment made by the third party. A landlord or landlord’s lessor or lessor’s agent and the third party may agree that one acknowledgment shall be sufficient for when the third party makes more than one rent payment during a period of time.
(E) Nothing in this paragraph shall be construed to require a landlord or landlord’s lessor or lessor’s agent to enter into a contract in connection with a federal, state, or local housing assistance program, including, but not limited to, the federal housing assistance voucher programs under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f).
(4) Paragraphs (2) and (3) do not enlarge or diminish a landlord’s or landlord’s lessor or lessor’s agent’s legal right to terminate a tenancy. Nothing in paragraph (3) is intended to extend the due date for any rent payment or require a landlord or landlord’s lessor or lessor’s agent to accept tender of rent beyond the expiration of the period stated in paragraph (2) of Section 1161 of the Code of Civil Procedure.
(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) For purposes of this section, “electronic funds transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. “Electronic funds transfer” includes, but is not limited to, point-of-sale transfers, direct deposits or withdrawals of funds, transfers initiated by telephone, transfers via an automated clearinghouse, transfers initiated electronically that deliver a paper instrument, and transfers authorized in advance to recur at substantially regular intervals.
(d) Nothing in this section shall be construed to prohibit the tenant lessee and landlord or lessor or lessor’s agent to mutually agree that rent payments may be made in cash or by electronic funds transfer, so long as another form of payment is also authorized, subject to the requirements of subdivision (a).
(e) A waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.

1947.5.

 (a) A landlord lessor or lessor’s agent of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as defined in Section 104556 of the Health and Safety Code, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with this article.

(b) (1) Every lease or rental agreement entered into on or after January 1, 2012, for a residential dwelling unit on property on any portion of which the landlord lessor or lessor’s agent has prohibited the smoking of cigarettes or other tobacco products pursuant to this article shall include a provision that specifies the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit.
(2) For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes or other tobacco products in any portion of the property in which smoking was previously permitted shall constitute a change of the terms of tenancy, requiring adequate notice in writing, to be provided in the manner prescribed in Section 827.
(c) A landlord lessor or lessor’s agent who exercises the authority provided in subdivision (a) to prohibit smoking shall be subject to federal, state, and local requirements governing changes to the terms of a lease or rental agreement for tenants lessees with leases or rental agreements that are in existence at the time that the policy limiting or prohibiting smoking is adopted.
(d) This section shall not be construed to preempt any local ordinance in effect on or before January 1, 2012, or any provision of a local ordinance in effect on or after January 1, 2012, that restricts the smoking of cigarettes or other tobacco products.
(e) A limitation or prohibition of the use of any tobacco product shall not affect any other term or condition of the tenancy, nor shall this section be construed to require statutory authority to establish or enforce any other lawful term or condition of the tenancy.
(f) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(g) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.

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 lessee 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, lessee, in equal installments over three years, if the tenant lessee 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 the owner 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 lessees or by the local rent control board on behalf of tenants lessees 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, lessee, the tenant’s lessee’s name and any additional information provided concerning the tenant, lessee, 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 lessee other than the tenant’s lessee’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 lessor or lessor’s agent or the tenant, lessee, the local agency shall provide the landlord lessor or lessor’s agent and the tenant lessee with a certificate or other documentation reflecting the permissible rent levels of the rental unit. A landlord lessor or lessor’s agent 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 lessor or lessor’s agent or the tenant lessee 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 lessor or lessor’s agent or the tenant, lessee, provide the landlord lessor or lessor’s agent and the tenant lessee 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 lessor or lessor’s agent or the tenant. lessee. 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 lessor or lessor’s agent or the tenant lessee 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 lessor or lessor’s agent and the tenant lessee 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 lessee 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:
(1) 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.
(2) On and after January 1, 2016, to apply to tenancies commencing on or after January 1, 1999, for which the owner of residential property may establish the initial rent under Chapter 2.7 (commencing with Section 1954.50). However, for a tenancy that commenced on or after January 1, 1999, if a property owner has provided the local agency with the tenancy’s initial rent in compliance with that agency’s registration requirements in a writing signed under penalty of perjury, there shall be a rebuttable presumption that the statement of the initial rent is correct.

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 lessor or lessor’s agent or the tenant, lessee, the local agency shall provide the landlord lessor or lessor’s agent and the tenant lessee with a certificate or other documentation reflecting the permissible rent levels of the rental unit. A landlord lessor or lessor’s agent may request a certificate of permissible rent levels for rental units that have a base rent established, but are vacant and not exempt from registration under this section. The landlord lessor or lessor’s agent or the tenant lessee 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 lessor or lessor’s agent or the tenant, lessee, provide the landlord lessor or lessor’s agent and the tenant lessee 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 lessor or lessor’s agent or the tenant. lessee. 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 lessor or lessor’s agent or the tenant lessee 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 lessor or lessor’s agent and the tenant lessee 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 (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(g) Any notice specifying the rents applicable to residential rental units that is given by an owner to a public entity or tenant lessee 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:
(1) To grant to any public entity any power that 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 of this type that the public entity may possess, except as specifically provided in this section.
(2) On and after January 1, 2016, to apply to tenancies commencing on or after January 1, 1999, for which the owner of residential property may establish the initial rent under Chapter 2.7 (commencing with Section 1954.50). However, for a tenancy that commenced on or after January 1, 1999, if a property owner has provided the local agency with the tenancy’s initial rent in compliance with that agency’s registration requirements in a writing signed under penalty of perjury, there shall be a rebuttable presumption that the statement of the initial rent is correct.

1947.9.

 (a) (1) Notwithstanding any local law to the contrary, for those units governed by the local rent stabilization ordinance in the City and County of San Francisco, levels of compensation for the temporary displacement of a tenant lessee household for less than 20 days shall be limited to both of the following:

(A) Temporary housing and living expenses, of two hundred seventy-five dollars ($275) per day per tenant lessee household. This limit may be adjusted annually by the city and county in an amount equal to the Consumer Price Index, beginning on January 1, 2014.
(B) Actual moving expenses if it is necessary to move the possessions of the tenant lessee household.
(2) The landlord lessor or lessor’s agent shall have the option to provide a comparable dwelling unit and pay any actual moving expenses, in lieu of the compensation specified in subparagraph (A) of paragraph (1). The rental housing shall be comparable to the tenant lessee household’s existing housing in location, size, number of bedrooms, accessibility, type, and quality of construction, and proximity to services and institutions upon which the displaced tenant lessee household depends.
(b) This section shall not be construed to do any of the following:
(1) To terminate, interrupt, or amend, in any way, a tenancy subject to the lease provisions, or the rights and obligations of either party, including, but not limited to, the payment of rent.
(2) To create or affect any grounds for displacement or requirements of a landlord lessor or lessor’s agent seeking temporary displacement, except the payment of relocation fees pursuant to subdivision (a) for displacement not exceeding 20 days.
(3) To affect the authority of a public entity that may regulate or monitor the basis for eviction.
(c) If a federal or state law regarding relocation compensation is also applicable to the temporary displacement, the tenant lessee may elect to be compensated under those other provisions, and subdivision (a) shall be inapplicable.
(d) This section shall affect only levels of compensation for a temporary displacement of less than 20 days, and does not affect any other local procedures governing temporary relocation.

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 lessee based upon the owner’s or the owner’s immediate relative’s intention to occupy the tenant’s lessee’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 lessee from his or her the lessee’s 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 lessee has paid. If the tenant lessee 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 lessee for the unit from which he or she the lessee 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 lessee in excess of the certified lawful rent ceiling shall refund the excess rent to the tenant lessee 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 lessee rent in excess of the certified lawful rent ceiling, the court shall award the tenant lessee 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.

1947.12.

 (a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant lessee shall be excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.

(2) If the same tenant lessee remains in occupancy of a unit of residential real property over any 12-month period, the gross rental rate for the unit of residential real property shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increase.
(b) For a new tenancy in which no tenant lessee from the prior tenancy remains in lawful possession of the residential real property, the owner may establish the initial rental rate not subject to subdivision (a). Subdivision (a) is only applicable to subsequent increases after that initial rental rate has been established.
(c) A tenant lessee of residential real property subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (a). Nothing in this subdivision authorizes a tenant lessee to sublet or assign the tenant’s lessee’s interest where otherwise prohibited.
(d) This section shall not apply to the following residential real properties:
(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(3) Housing subject to rent or price control through a public entity’s valid exercise of its police power consistent with Chapter 2.7 (commencing with Section 1954.50) that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a).
(4) Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.
(5) Residential real property that is alienable separate from the title to any other dwelling unit, including a mobilehome, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(iv) Management of a mobilehome park, as defined in Section 798.2.
(B) (i) The tenants lessees have been provided written notice that the residential real property is exempt from this section using the following statement:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”

(ii) For a tenancy existing before July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) For a tenancy commenced or renewed on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, the notice required under clause (i) must be provided in the rental agreement.
(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b) of Section 1946.2.
(6) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
(e) An owner shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each tenant lessee in accordance with Section 827.
(f) (1) On or before January 1, 2030, the Legislative Analyst’s Office shall report to the Legislature regarding the effectiveness of this section and Section 1947.13. The report shall include, but not be limited to, the impact of the rental rate cap pursuant to subdivision (a) on the housing market within the state.
(2) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(g) For the purposes of this section, the following definitions shall apply:
(1) “Consumer Price Index for All Urban Consumers for All Items” means the following:
(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:
(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.
(ii) The CPI-U for the Riverside-San Bernardo-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.
(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.
(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, and San Mateo.
(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.
(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.
(C) On or after January 1, 2021, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.
(2) “Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner.
(3) (A) “Percentage change in the cost of living” means the percentage change, computed pursuant to subparagraph (B), in the applicable, as determined pursuant to paragraph (1), Consumer Price Index for All Urban Consumers for All Items.
(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:
(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.
(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.
(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:
(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.
(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.
(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.
(4) “Residential real property” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.
(5) “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(h) (1) This section shall apply to all rent increases subject to subdivision (a) occurring on or after March 15, 2019, except as provided in subdivision (i).
(2) In the event that an owner has increased the rent by more than the amount permissible under subdivision (a) between March 15, 2019, and January 1, 2020, both of the following shall apply:
(A) The applicable rent on January 1, 2020, shall be the rent as of March 15, 2019, plus the maximum permissible increase under subdivision (a).
(B) An owner shall not be liable to the tenant lessee for any corresponding rent overpayment.
(3) An owner of residential real property subject to subdivision (a) who increased the rental rate on that residential real property on or after March 15, 2019, but prior to January 1, 2020, by an amount less than the rental rate increase permitted by subdivision (a) shall be allowed to increase the rental rate twice, as provided in paragraph (2) of subdivision (a), within 12 months of March 15, 2019, but in no event shall that rental rate increase exceed the maximum rental rate increase permitted by subdivision (a).
(i) (1) Notwithstanding subdivision (h), this section shall apply only to rent increases for a tenancy in a mobilehome subject to subdivision (a) occurring on or after February 18, 2021.
(2) In the event that an owner has increased the rent for a tenancy in a mobilehome by more than the amount permissible under subdivision (a) between February 18, 2021, and January 1, 2022, both of the following shall apply:
(A) The applicable rent on January 1, 2022, shall be the rent as of February 18, 2021, plus the maximum permissible increase under subdivision (a).
(B) An owner shall not be liable to the tenant lessee for any corresponding rent overpayment.
(3) An owner of residential real property subject to subdivision (a) who increased the rental rate on that residential real property on or after February 18, 2021, but prior to January 1, 2022, by an amount less than the rental rate increase permitted by subdivision (a) shall be allowed to increase the rental rate twice, as provided in paragraph (2) of subdivision (a), within 12 months of February 18, 2021, but in no event shall that rental rate increase exceed the maximum rental rate increase permitted by subdivision (a).
(j) This section shall not apply to a homeowner of a mobilehome, as defined in Section 798.9.
(k) Any waiver of the rights under this section shall be void as contrary to public policy.
(l) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
(m) (1) The Legislature finds and declares that the unique circumstances of the current housing crisis require a statewide response to address rent gouging by establishing statewide limitations on gross rental rate increases.
(2) It is the intent of the Legislature that this section should apply only for the limited time needed to address the current statewide housing crisis, as described in paragraph (1). This section is not intended to expand or limit the authority of local governments to establish local policies regulating rents consistent with Chapter 2.7 (commencing with Section 1954.50), nor is it a statement regarding the appropriate, allowable rental rate increase when a local government adopts a policy regulating rent that is otherwise consistent with Chapter 2.7 (commencing with Section 1954.50).
(3) Nothing in this section authorizes a local government to establish limitations on any rental rate increases not otherwise permissible under Chapter 2.7 (commencing with Section 1954.50), or affects the existing authority of a local government to adopt or maintain rent controls or price controls consistent with that chapter.

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 lessee 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 the owner’s rights in an administrative proceeding brought by the tenant lessee 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 lessor or lessor’s agent petition assisted by attorneys or consultants is wholly without merit, the tenant lessee shall be awarded a reduction in rent to compensate for the reasonable costs of attorneys or consultants retained by the tenant lessee to defend the petition brought by the landlord. lessor or lessor’s agent. The reasonableness of the costs of the tenant’s lessee’s defense of the action brought by the landlord lessor or lessor’s agent shall be determined pursuant to the same provisions established by this section for determining the reasonableness of the landlord’s lessor or lessor’s agent’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 lessee for costs incurred shall be made immediately following the decision in the underlying administrative proceeding.
(2) If it is determined that a landlord’s lessor or lessor’s agent’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 in which the tenant lessee vacates the unit of his or her own volition, voluntarily or where in which 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 lessee to a stranger is void, unless it is made with the consent of the landlord, lessor or lessor’s agent or in consequence of a judgment of a Court court of competent jurisdiction.

1949.

 Every tenant lessee who receives notice of any proceeding to recover the real property occupied by him or her, the lessee or the possession of the real property, property shall immediately inform his or her landlord the lessee’s lessor or lessor’s agent of the proceeding, proceeding and also deliver to the landlord lessor or lessor’s agent the notice, if in writing, and is responsible to the landlord lessor for all damages which he or she that the lessor may sustain by reason of any omission to inform the landlord lessor or lessor’s agent of the notice, or to deliver it to him or her the lessor or lessor’s agent 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 lessor or lessor’s agent lets a room as a dwelling for more than one family, the person to whom he the lessor or lessor’s agent first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant lessee in the building, under the same landlord, lessor or lessor’s agent, is relieved from all obligation to pay rent to him the lessor or lessor’s agent 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. lessee.

(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 lessor or lessor’s agent for costs associated with processing a new tenant lessee 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 lessor or lessor’s agent for a tenant’s lessee’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 lessee or by a guest or licensee of the tenant. lessee.
(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 lessee’s right to occupy begins after January 1, 2003.
(4) To remedy future defaults by the tenant lessee 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) (1) Except as provided in paragraph (2), (3), or (4), a landlord may lessor or lessor’s agent shall 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.
(2) Notwithstanding paragraph (1), and except as provided in subparagraphs (A) and (B), a landlord lessor or lessor’s agent shall not demand or receive security, however denominated, from a service member who rents residential property in which the service member will reside in an amount or value in excess of an amount equal to one months’ rent, in the case of unfurnished residential property, or in excess of an amount equal to two months’ rent, in the case of furnished residential property, in addition to any rent for the first month paid on or before initial occupancy. A landlord lessor or lessor’s agent shall not refuse to enter into a rental agreement for residential property with a prospective tenant lessee who is a service member because this paragraph prohibits the landlord lessor or lessor’s agent from demanding or receiving a greater amount of security than that which is established in paragraph (1). For purposes of this paragraph, “service member” has the same meaning as in Section 400 of the Military and Veterans Code.
(A) A landlord lessor or lessor’s agent may demand or receive security from a service member who rents residential property in which the service member will reside as provided in paragraph (1), if the tenant lessee has a history of poor credit or of causing damage to the rental property or its furnishings.
(B) This paragraph does not apply to a situation in which the property is rented to a group of individuals, one or more of whom is not the service member’s spouse, parent, domestic partner, or dependent.
(C) For purposes of this paragraph “resides” means that the service member will be listed as a tenant lessee on the residential property lease agreement.
(3) 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.
(4) This subdivision does not preclude a landlord lessor or lessor’s agent and a tenant lessee from entering into a mutual agreement for the landlord, lessor or lessor’s agent, at the request of the tenant lessee 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 lessor or lessor’s agent may charge the previous tenant lessee as provided by subdivision (e).
(d) Any security shall be held by the landlord lessor or lessor’s agent for the tenant lessee who is party to the lease or agreement. The claim of a tenant lessee to the security shall be prior to the claim of any creditor of the landlord. lessor or lessor’s agent.
(e) The landlord lessor or lessor’s agent may claim of the security only those amounts as are reasonably necessary for the purposes specified in subdivision (b). The landlord lessor or lessor’s agent may not assert a claim against the tenant lessee 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 lessor or lessor’s agent shall notify the tenant lessee in writing of the tenant’s lessee’s option to request an initial inspection and of the tenant’s lessee’s 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, lessor or lessor’s agent shall, upon the request of the tenant, lessee, make an initial inspection of the premises prior to any final inspection the landlord lessor or lessor’s agent makes after the tenant lessee has vacated the premises. The purpose of the initial inspection shall be to allow the tenant lessee 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 lessee chooses not to request an initial inspection, the duties of the landlord lessor or lessor’s agent 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 lessor or lessor’s agent 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 lessee still wishes an inspection. The tenant lessee and landlord lessor or lessor’s agent may agree to forgo the 48-hour prior written notice by both signing a written waiver. The landlord lessor or lessor’s agent shall proceed with the inspection whether the tenant lessee is present or not, unless the tenant lessee previously withdrew their request for the inspection. Written notice by the landlord lessor or lessor’s agent shall contain, in substantially the same form, the following:

“State law permits former tenants lessees to reclaim abandoned personal property left at the former address of the tenant, lessee, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord lessor or lessor’s agent after being notified that property belonging to you was left behind after you moved out.”

(2) Based on the inspection, the landlord lessor or lessor’s agent shall give the tenant lessee an itemized statement specifying repairs or cleanings that are proposed to be the basis of any deductions from the security the landlord lessor or lessor’s agent 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, lessee, if the tenant lessee is present for the inspection, or shall be left inside the premises.
(3) The tenant lessee 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 lessor or lessor’s agent from using the security for deductions itemized in the statement provided for in paragraph (2) that were not cured by the tenant lessee so long as the deductions are for damages authorized by this section.
(5) Nothing in this subdivision shall prevent a landlord lessor or lessor’s agent 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 lessee’s possessions.
(g) (1) No later than 21 calendar days after the tenant lessee has vacated the premises, but not earlier than the time that either the landlord lessor or lessor’s agent or the tenant lessee 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 lessor or lessor’s agent shall furnish the tenant, lessee, 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. lessee. After either the landlord lessor or lessor’s agent or the tenant lessee provides notice to terminate the tenancy, the landlord lessor or lessor’s agent and tenant lessee may mutually agree to have the landlord lessor or lessor’s agent deposit any remaining portion of the security deposit electronically to a bank account or other financial institution designated by the tenant. lessee. After either the landlord lessor or lessor’s agent or the tenant lessee provides notice to terminate the tenancy, the landlord lessor or lessor’s agent and the tenant lessee may also agree to have the landlord lessor or lessor’s agent provide a copy of the itemized statement along with the copies required by paragraph (2) to an email account provided by the tenant. lessee.
(2) Along with the itemized statement, the landlord lessor or lessor’s agent shall also include copies of documents showing charges incurred and deducted by the landlord lessor or lessor’s agent to repair or clean the premises, as follows:
(A) If the landlord or landlord’s lessor, lessor’s agent, or lessor’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 lessor, lessor’s agent, or lessor’s employee did not do the work, the landlord lessor or lessor’s agent shall provide the tenant lessee a copy of the bill, invoice, or receipt supplied by the person or entity performing the work. The itemized statement shall provide the tenant lessee 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 lessor or lessor’s agent shall provide a copy of the bill, invoice, or receipt. If a particular material or supply item is purchased by the landlord lessor or lessor’s agent on an ongoing basis, the landlord lessor or lessor’s agent 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 lessor, lessor’s agent, or lessor’s employee cannot reasonably be completed within 21 calendar days after the tenant lessee has vacated the premises, or if the documents from a person or entity providing services, materials, or supplies are not in the landlord’s lessor or lessor’s agent’s possession within 21 calendar days after the tenant lessee has vacated the premises, the landlord lessor or lessor’s agent 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 lessor’s or lessor’s agent’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 lessor or lessor’s agent shall complete the requirements in paragraphs (1) and (2) in the manner specified.
(4) The landlord lessor or lessor’s agent need not comply with paragraph (2) or (3) if either of the following applies:
(A) The deductions for repairs and cleaning together do not exceed one hundred twenty-five dollars ($125).
(B) The tenant lessee waived the rights specified in paragraphs (2) and (3). The waiver shall only be effective if it is signed by the tenant lessee 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 lessor or lessor’s agent shall comply with paragraphs (2) and (3) when a tenant lessee makes a request for documentation within 14 calendar days after receiving the itemized statement specified in paragraph (1). The landlord lessor or lessor’s agent shall comply within 14 calendar days after receiving the request from the tenant. lessee.
(6) Any mailings to the tenant lessee pursuant to this subdivision shall be sent to the address provided by the tenant. lessee. If the tenant lessee 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 lessor’s or lessor’s agent’s interest in the premises, whether by sale, assignment, death, appointment of receiver, or otherwise, the landlord or the landlord’s lessor or the lessor’s agent shall, within a reasonable time, do one of the following acts, either of which shall relieve the landlord lessor or lessor’s agent 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 lessor’s or lessor’s agent’s successor in interest. The landlord lessor or lessor’s agent shall thereafter notify the tenant lessee 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 addresses, and their telephone numbers. If the notice to the tenant lessee is made by personal delivery, the tenant lessee shall acknowledge receipt of the notice and sign their name on the landlord’s lessor’s or lessor’s agent’s copy of the notice.
(2) Return the portion of the security remaining after any lawful deductions made under subdivision (e) to the tenant, lessee, together with an accounting as provided in subdivision (g).
(i) Prior to the voluntary transfer of a landlord’s lessor’s or lessor’s agent’s interest in the premises, the landlord lessor or lessor’s agent shall deliver to the landlord’s lessor’s or lessor’s agent’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) Their 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) (1) In the event of noncompliance with subdivision (h), the landlord’s lessor’s or lessor’s agent’s successors in interest shall be jointly and severally liable with the landlord lessor or lessor’s agent for repayment of the security, or that portion thereof to which the tenant lessee is entitled, when and as provided in subdivisions (e) and (g). A successor in interest of a landlord lessor or lessor’s agent may not require the tenant lessee to post any security to replace that amount not transferred to the tenant lessee 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 lessee with an accounting as provided in subdivision (g).
(2) This subdivision does not preclude a successor in interest from recovering from the tenant lessee compensatory damages that are in excess of the security received from the landlord lessor or lessor’s agent previously paid by the tenant lessee to the landlord. lessor or lessor’s agent.
(3) Notwithstanding this subdivision, if, upon inquiry and reasonable investigation, a landlord’s lessor’s or lessor’s agent’s successor in interest has a good faith belief that the lawfully remaining security deposit is transferred to the successor in interest or returned to the tenant lessee pursuant to subdivision (h), the successor in interest 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 lessor’s or lessor’s agent’s successors in interest shall have all of the rights and obligations of a landlord lessor or lessor’s agent holding the security with respect to the security.
(l) The bad faith claim or retention by a landlord lessor or lessor’s agent or the landlord’s lessor’s or lessor’s agent’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 lessor or lessor’s agent or the landlord’s lessor’s or lessor’s agent’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 an action under this section, the landlord lessor or lessor’s agent or the landlord’s lessor’s or lessor’s agent’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 a provision characterizing any security as “nonrefundable.”
(n) An action under this section may be maintained in small claims court if the damages claimed, whether actual, 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 lessor or lessor’s agent or tenant, lessee, 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 lessor or lessor’s agent receives a request to rent a residential property from an applicant, the landlord or his or her lessor or lessor’s 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 lessor or lessor’s 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 lessor or lessor’s 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 lessee screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her lessor or lessor’s 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 lessor or lessor’s 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 lessor or lessor’s 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 lessor or lessor’s agent may not charge an applicant an application screening fee when he or she if the lessor or lessor’s agent 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 lessor or lessor’s 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 lessor or lessor’s agent to obtain and process the information about the applicant.
(e) If the landlord or his or her lessor or lessor’s agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her lessor or lessor’s 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 lessor or lessor’s 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” “lessor 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 lessor or lessor’s 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 lessor or lessor’s 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 lessor or lessor’s agent for the tenant lessee who is party to the agreement. The claim of a tenant lessee to the payment or deposit shall be prior to the claim of any creditor of the landlord, lessor or lessor’s agent, except a trustee in bankruptcy.
(c) The landlord lessor or lessor’s agent may claim of the payment or deposit only those amounts as are reasonably necessary to remedy tenant lessee defaults in the payment of rent, to repair damages to the premises caused by the tenant, lessee, 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 lessor or lessor’s agent 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 lessee at a time as may be mutually agreed upon by landlord lessor or lessor’s agent and tenant, lessee, but in no event later than 30 days from the date the landlord lessor or lessor’s agent receives possession of the premises.
(2) If the claim of the landlord lessor or lessor’s agent 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 lessee no later than two weeks after the date the landlord lessor or lessor’s agent receives possession of the premises, with the remainder to be returned or accounted for within 30 days from the date the landlord lessor or lessor’s agent receives possession of the premises.
(3) If the claim of the landlord lessor or lessor’s agent upon the payment or deposit includes amounts reasonably necessary to repair damages to the premises caused by the tenant lessee or to clean the premises, then any remaining portion of the payment or deposit shall be returned to the tenant lessee at a time as may be mutually agreed upon by landlord lessor or lessor’s agent and tenant, lessee, but in no event later than 30 days from the date the landlord lessor or lessor’s agent receives possession of the premises.
(d) Upon termination of the landlord’s lessor’s or lessor’s agent’s interest in the unit in question, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or the landlord’s lessor or lessor’s agent shall, within a reasonable time, do one of the following acts, either of which shall relieve the landlord lessor or lessor’s agent 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 lessor’s or lessor’s agent’s successor in interest, and thereafter notify the tenant lessee 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 lessee is made by personal delivery, the tenant lessee shall acknowledge receipt of the notice and sign his or her the lessee’s name on the landlord’s lessor’s or lessor’s agent’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. lessee.
(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 lessor or lessor’s agent holding the payment or deposit with respect to the payment or deposit.
(f) The bad faith retention by a landlord lessor or lessor’s agent or transferee of a payment or deposit or any portion thereof, in violation of this section, may subject the landlord lessor or lessor’s agent 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 lessee’s rent for nonresidential real property in order to recover building operating costs incurred on behalf of the tenant, lessee, 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.

1952.7.

 (a) (1) Any term in a lease that is executed, renewed, or extended on or after January 1, 2015, that conveys any possessory interest in commercial property that either prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in a parking space associated with the commercial property, or that is otherwise in conflict with the provisions of this section, is void and unenforceable.

(2) This subdivision does not apply to provisions that impose reasonable restrictions on the installation of electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations.
(3) This subdivision shall not grant the holder of a possessory interest under the lease described in paragraph (1) the right to install electric vehicle charging stations in more parking spaces than are allotted to the leaseholder in his or her the lease, or, if no parking spaces are allotted, a number of parking spaces determined by multiplying the total number of parking spaces located at the commercial property by a fraction, the denominator of which is the total rentable square feet at the property, and the numerator of which is the number of total square feet rented by the leaseholder.
(4) If the installation of an electric vehicle charging station has the effect of granting the leaseholder a reserved parking space and a reserved parking space is not allotted to the leaseholder in the lease, the owner of the commercial property may charge a reasonable monthly rental amount for the parking space.
(b) This section shall not apply to any of the following:
(1) A commercial property where charging stations already exist for use by tenants lessees in a ratio that is equal to or greater than 2 available parking spaces for every 100 parking spaces at the commercial property.
(2) A commercial property where there are less than 50 parking spaces.
(c) For purposes of this section:
(1) “Electric vehicle charging station” or “charging station” means a station that is designed in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this section, and delivers electricity from a source outside an electric vehicle into one or more electric vehicles.
(2) “Reasonable costs” includes, but is not limited to, costs associated with those items specified in the “Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research.
(3) “Reasonable restrictions” or “reasonable standards” are restrictions or standards that do not significantly increase the cost of the electric vehicle charging station or its installation or significantly decrease the charging station’s efficiency or specified performance.
(d) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local authorities as well as all other applicable zoning, land use, or other ordinances, or land use permit requirements.
(e) If lessor approval is required for the installation or use of an electric vehicle charging station, the application for approval shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing.
(f) An electric vehicle charging station installed by a lessee shall satisfy the following provisions:
(1) If lessor approval is required, the lessee first shall obtain approval from the lessor to install the electric vehicle charging station and the lessor shall approve the installation if the lessee complies with the applicable provisions of the lease consistent with the provisions of this section and agrees in writing to do all of the following:
(A) Comply with the lessor’s reasonable standards for the installation of the charging station.
(B) Engage a licensed contractor to install the charging station.
(C) Within 14 days of approval, provide a certificate of insurance that names the lessor as an additional insured under the lessee’s insurance policy in the amount set forth in paragraph (3).
(2) The lessee shall be responsible for all of the following:
(A) Costs for damage to property and the charging station resulting from the installation, maintenance, repair, removal, or replacement of the charging station.
(B) Costs for the maintenance, repair, and replacement of the charging station.
(C) The cost of electricity associated with the charging station.
(3) The lessee at all times, shall maintain a lessee liability coverage policy in the amount of one million dollars ($1,000,000), and shall name the lessor as a named additional insured under the policy with a right to notice of cancellation and property insurance covering any damage or destruction caused by the charging station, naming the lessor as its interests may appear.
(g) A lessor may, in its sole discretion, create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station, in compliance with all applicable laws.
(h) Any installation by a lessor or a lessee of an electric vehicle charging station in a common interest development is also subject to all of the requirements of subdivision (f) of Section 4745.

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 The lessee’s rights or remedies under Section 1950.5 or 1954.
(2) His The lessee’s right to assert a cause of action against the lessor which that may arise in the future.
(3) His The lessee’s right to a notice or hearing required by law.
(4) His The lessee’s procedural rights in litigation in any action involving his the lessee’s rights and obligations as a tenant. lessee.
(5) His The lessee’s right to have the landlord lessor or lessor’s agent exercise a duty of care to prevent personal injury or personal property damage where if 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 the lessee 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 lessor or lessor’s agent 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, lessees, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5.
(3) When the tenant lessee has abandoned or surrendered the premises.
(4) Pursuant to court order.
(5) For the purposes set forth in Chapter 2.5 (commencing with Section 1954.201).
(6) To comply with the provisions of Article 2.2 (commencing with Section 17973) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(b) Except in cases of emergency or when the tenant lessee has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant lessee consents to an entry during other than normal business hours at the time of entry.
(c) The landlord lessor or lessor’s agent may not abuse the right of access or use it to harass the tenant. lessee.
(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord lessor shall give the tenant lessee reasonable notice in writing of his or her the lessor’s 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, lessee, 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. lessee. 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 lessor or lessor’s agent has notified the tenant lessee in writing within 120 days of the oral notice that the property is for sale and that the landlord or lessor or lessor’s agent may contact the tenant lessee 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 lessor or lessor’s agent shall leave written evidence of the entry inside the unit.
(3) The tenant lessee and the landlord lessor or lessor’s agent 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 lessor or lessor’s agent is not required to provide the tenant lessee a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant lessee is present and consents to the entry at the time of entry.
(3) After the tenant lessee has abandoned or surrendered the unit.

1954.05.

 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 lessor or lessor’s agent upon a holding-over by the tenant lessee upon the termination of a lease under the circumstances specified herein.

1954.06.

 (a) As specified in subdivision (b), and except as provided in subdivision (j), beginning July 1, 2021, any landlord lessor or lessor’s agent of an assisted housing development shall offer the tenant lessee or tenants lessees obligated on the lease of each unit in that housing development the option of having the tenant’s lessee’s rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(f)) so long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(p)). A tenant’s lessee’s election to have rent reported under this subdivision shall be in writing, as described in subdivision (c).

(b) For leases entered into on and after July 1, 2021, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. For leases outstanding as of July 1, 2021, the offer of rent reporting shall be made no later than October 1, 2021, and at least once annually thereafter.
(c) The offer of rent reporting shall include a written election of rent reporting that contains all of the following:
(1) A statement that reporting of the tenant’s lessee’s rental payment information is optional.
(2) Identification of each consumer reporting agency to which rental payment information will be reported.
(3) A statement that all of the tenant’s lessee’s rental payments will be reported, regardless of whether the payments are timely, late, or missed.
(4) The amount of any fee charged pursuant to subdivision (f).
(5) Instructions on how to submit the written election of rent reporting to the landlord lessor or lessor’s agent by mail.
(6) A statement that the tenant lessee may opt into rent reporting at any time following the initial offer by the landlord. lessor or lessor’s agent.
(7) A statement that the tenant lessee may elect to stop rent reporting at any time, but that they will not be able to resume rent reporting for at least six months after their election to opt out.
(8) Instructions on how to opt out of reporting rental payment information.
(9) A signature block that the tenant lessee shall date and sign in order to accept the offer of rent reporting.
(d) When the offer of rent reporting is made, the landlord lessor or lessor’s agent shall provide the tenant lessee with a self-addressed, stamped envelope to return the written election of rent reporting.
(e) The written election to begin rent reporting shall not be accepted from the tenant lessee at the time of the offer. A tenant lessee may submit their completed written election of rent reporting at any time after they receive the offer of rent reporting from the landlord. lessor or lessor’s agent. A tenant lessee may request and shall obtain additional copies of the written election of rent reporting form from the landlord lessor or lessor’s agent at any time.
(f) If a tenant lessee elects to have that tenant’s lessee’s rental payments reported to a consumer reporting agency under subdivision (a), the landlord lessor or lessor’s agent may require that tenant lessee to pay a fee not to exceed the lesser of the actual cost to the landlord lessor or lessor’s agent to provide the service or ten dollars ($10) per month. The payment or nonpayment of this fee by the tenant lessee shall not be reported to a consumer reporting agency.
(g) If a tenant lessee fails to pay any fee required by the landlord lessor or lessor’s agent pursuant to subdivision (f), all of the following shall apply:
(1) The failure to pay the fee shall not be cause for termination of the tenancy, whether pursuant to Section 1161 of the Code of Civil Procedure or otherwise.
(2) The landlord lessor shall not deduct the unpaid fee from the tenant’s lessee’s security deposit.
(3) If the fee remains unpaid for 30 days or more, the landlord lessor or lessor’s agent may stop reporting the tenant’s lessee’s rental payments and the tenant lessee shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due.
(h) A tenant lessee who elects to have rent reported as described in subdivision (a) may subsequently file a written request with their landlord lessor or lessor’s agent to stop that reporting with which the landlord lessor or lessor’s agent shall comply. A tenant lessee who elects to stop reporting shall not be allowed to elect rent reporting again for a period of at least six months from the date of the tenant’s lessee’s written request to stop reporting.
(i) A tenant lessee who elects to have rent reported does not forfeit any rights under Sections 1941 to 1942, inclusive. If a tenant lessee makes deductions from rent or otherwise withholds rent as authorized by those sections, the deductions or withholding of rent shall not constitute a late rental payment. A tenant lessee invoking the right to repair and deduct or withhold rent under those sections shall notify their landlord lessor or lessor’s agent of the deduction or withholding prior to the date rent is due. This subdivision shall not be construed to relieve a housing provider of the obligation to maintain habitable premises.
(j) This section shall not apply to any landlord lessor or lessor’s agent of an assisted housing development that contains 15 or fewer dwelling units, unless both of the following apply:
(1) The landlord lessor or lessor’s agent owns more than one assisted housing development, regardless of the number of units in each assisted housing development.
(2) The landlord lessor or lessor’s agent is one of the following:
(A) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.
(B) A corporation.
(C) A limited liability company in which at least one member is a corporation.
(k) For purposes of this section, the following definitions shall apply:
(1) “Assisted housing development” has the same meaning as defined in Section 65863.10 of the Government Code.
(2) “Landlord” Lessor” means an owner of residential real property containing five or more dwelling units.
(l) This section shall remain in effect only until July 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before July 1, 2025, deletes or extends that date.

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