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CA Codes (civ:1940-1954.1)CIVIL CODE
SECTION 1940-1954.1

1940. (a) Except as provided in subdivision (b), this chapter shall

apply to all persons who hire dwelling units located within this

state including tenants, lessees, boarders, lodgers, and others,

however denominated.

(b) The term "persons who hire" shall not include a person who

maintains either of the following:

(1) Transient occupancy in a hotel, motel, residence club, or

other facility when the transient occupancy is or would be subject to

tax under Section 7280 of the Revenue and Taxation Code. The term

"persons who hire" shall not include a person to whom this paragraph

pertains if the person has not made valid payment for all room and

other related charges owing as of the last day on which his or her

occupancy is or would be subject to tax under Section 7280 of the

Revenue and Taxation Code.

(2) Occupancy at a hotel or motel where the innkeeper retains a

right of access to and control of the dwelling unit and the hotel or

motel provides or offers all of the following services to all of the

residents:

(A) Facilities for the safeguarding of personal property pursuant

to Section 1860.

(B) Central telephone service subject to tariffs covering the same

filed with the California Public Utilities Commission.

(C) Maid, mail, and room services.

(D) Occupancy for periods of less than seven days.

(E) Food service provided by a food establishment, as defined in

Section 113780 of the Health and Safety Code, located on or adjacent

to the premises of the hotel or motel and owned or operated by the

innkeeper or owned or operated by a person or entity pursuant to a

lease or similar relationship with the innkeeper or person or entity

affiliated with the innkeeper.

(c) "Dwelling unit" means a structure or the part of a structure

that is used as a home, residence, or sleeping place by one person

who maintains a household or by two or more persons who maintain a

common household.

(d) Nothing in this section shall be construed to limit the

application of any provision of this chapter to tenancy in a dwelling

unit unless the provision is so limited by its specific terms.







1940.1. (a) No person may require an occupant of a residential

hotel, as defined in Section 50519 of the Health and Safety Code, to

move, or to check out and reregister, before the expiration of 30

days occupancy if a purpose is to avoid application of this chapter

pursuant to paragraph (1) of subdivision (b) of Section 1940.

(b) In addition to any remedies provided by local ordinance, any

violation of subdivision (a) is punishable by a civil penalty of five

hundred dollars ($500). In any action brought pursuant to this

section, the prevailing party shall be entitled to reasonable

attorney's fees.





1940.5. An owner or an owner's agent shall not refuse to rent a

dwelling unit in a structure which received its valid certificate of

occupancy after January 1, 1973, to an otherwise qualified

prospective tenant or refuse to continue to rent to an existing

tenant solely on the basis of that tenant's possession of a waterbed

or other bedding with liquid filling material where all of the

following requirements and conditions are met:

(a) A tenant or prospective tenant furnishes to the owner, prior

to installation, a valid waterbed insurance policy or certificate of

insurance for property damage. The policy shall be issued by a

company licensed to do business in California and possessing a Best's

Insurance Report rating of "B" or higher. The insurance policy

shall be maintained in full force and effect until the bedding is

permanently removed from the rental premises. The policy shall be

written for no less than one hundred thousand dollars ($100,000) of

coverage. The policy shall cover, up to the limits of the policy,

replacement value of all property damage, including loss of use,

incurred by the rental property owner or other caused by or arising

out of the ownership, maintenance, use, or removal of the waterbed on

the rental premises only, except for any damage caused intentionally

or at the direction of the insured, or for any damage caused by or

resulting from fire. The owner may require the tenant to produce

evidence of insurance at any time. The carrier shall give the owner

notice of cancellation or nonrenewal 10 days prior to this action.

Every application for a policy shall contain the information as

provided in subdivisions (a), (b), and (c) of Section 1962 and

Section 1962.5.

(b) The bedding shall conform to the pounds-per-square foot weight

limitation and placement as dictated by the floor load capacity of

the residential structure. The weight shall be distributed on a

pedestal or frame which is substantially the dimensions of the

mattress itself.

(c) The tenant or prospective tenant shall install, maintain and

remove the bedding, including, but not limited to, the mattress and

frame, according to standard methods of installation, maintenance,

and removal as prescribed by the manufacturer, retailer, or state

law, whichever provides the higher degree of safety. The tenant

shall notify the owner or owner's agent in writing of the intent to

install, remove, or move the waterbed. The notice shall be delivered

24 hours prior to the installation, removal, or movement. The owner

or the owner's agent may be present at the time of installation,

removal, or movement at the owner's or the owner's agent's option.

If the bedding is installed or moved by any person other than the

tenant or prospective tenant, the tenant or prospective tenant shall

deliver to the owner or to the owner's agent a written installation

receipt stating the installer's name, address, and business

affiliation where appropriate.

(d) Any new bedding installation shall conform to the owner's or

the owner's agent's reasonable structural specifications for

placement within the rental property and shall be consistent with

floor capacity of the rental dwelling unit.

(e) The tenant or prospective tenant shall comply with the minimum

component specification list prescribed by the manufacturer,

retailer, or state law, whichever provides the higher degree of

safety.

(f) Subject to the notice requirements of Section 1954, the owner,

or the owner's agent, shall have the right to inspect the bedding

installation upon completion, and periodically thereafter, to insure

its conformity with this section. If installation or maintenance is

not in conformity with this section, the owner may serve the tenant

with a written notice of breach of the rental agreement. The owner

may give the tenant three days either to bring the installation into

conformity with those standards or to remove the bedding, unless

there is an immediate danger to the structure, in which case there

shall be immediate corrective action. If the bedding is installed by

any person other than the tenant or prospective tenant, the tenant

or prospective tenant shall deliver to the owner or to the owner's

agent a written installation receipt stating the installer's name and

business affiliation where appropriate.

(g) Notwithstanding Section 1950.5, an owner or owner's agent is

entitled to increase the security deposit on the dwelling unit in an

amount equal to one-half of one months' rent. The owner or owner's

agent may charge a tenant, lessee, or sublessee a reasonable fee to

cover administration costs. In no event does this section authorize

the payment of a rebate of premium in violation of Article 5

(commencing with Section 750) of Chapter 1 of Part 2 of Division 1 of

the Insurance Code.

(h) Failure of the owner, or owner's agent, to exercise any of his

or her rights pursuant to this section does not constitute grounds

for denial of an insurance claim.

(i) As used in this section, "tenant" includes any lessee, and

"rental" means any rental or lease.







1940.7. (a) The Legislature finds and declares that the December

10, 1983, tragedy in Tierra Santa, in which lives were lost as a

result of a live munition exploding in a residential area that was

formerly a military ordnance location, has demonstrated (1) the

unique and heretofore unknown risk that there are other live

munitions in former ordnance locations in California, (2) that these

former ordnance locations need to be identified by the federal,

state, or local authorities, and (3) that the people living in the

neighborhood of these former ordnance locations should be notified of

their existence. Therefore, it is the intent of the Legislature

that the disclosure required by this section is solely warranted and

limited by (1) the fact that these former ordnance locations cannot

be readily observed or discovered by landlords and tenants, and (2)

the ability of a landlord who has actual knowledge of a former

ordnance location within the neighborhood of his or her rental

property to disclose this information for the safety of the tenant.

(b) The landlord of a residential dwelling unit who has actual

knowledge of any former federal or state ordnance locations in the

neighborhood area shall give written notice to a prospective tenant

of that knowledcge prior to the execution of a rental agreement. In

cases of tenancies in existence on January 1, 1990, this written

notice shall be given to tenants as soon as practicable thereafter.

(c) For purposes of this section:

(1) "Former federal or state ordnance location" means an area

identified by an agency or instrumentality of the federal or state

government as an area once used for military training purposes and

which may contain potentially explosive munitions.

(2) "Neighborhood area" means within one mile of the residential

dwelling.





1940.7.5. (a) For purposes of this section, the following

definitions shall apply:

(1) "Illegal controlled substance" means a drug, substance, or

immediate precursor listed in any schedule contained in Section

11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code,

or an emission or waste material resulting from the unlawful

manufacture or attempt to manufacture an illegal controlled

substance. An "illegal controlled substance" does not include, for

purposes of this section, marijuana.

(2) "Release" means any spilling, leaking, pumping, pouring,

emitting, emptying, discharging, injecting, escaping, leaching,

dumping, or disposing of an illegal controlled substance in a

structure or into the environment.

(b) (1) The owner of a residental dwelling unit who knows, as

provided in paragraph (2), that any release of an illegal controlled

substance has come to be located on or beneath that dwelling unit

shall give written notice to the prospective tenant prior to the

execution of a rental agreement by providing to a prospective tenant

a copy of any notice received from law enforcement or any other

entity, such as the Department of Toxic Substances Control, the

county health department, the local environmental health officer, or

a designee, advising the owner of that release on the property.

(2) For purposes of this subdivision, the owner's knowledge of the

condition is established by the receipt of a notice specified in

paragraph (1) or by actual knowledge of the condition from a source

independent of the notice.

(3) If the owner delivers the disclosure information required by

paragraph (1), the delivery shall be deemed legally adequate for

purposes of informing the prospective tenant of that condition, and

the owner is not required to provide any additional disclosure of

that information.

(4) Failure of the owner to provide written notice to a

prospective tenant when required by this subdivision shall subject

the owner to actual damages and any other remedies provided by law.

In addition, if the owner has actual knowledge of the presence of any

release of an illegal controlled substance and knowingly and

willfully fails to provide written notice to the renter, as required

by this subdivision, the owner is liable for a civil penalty not to

exceed five thousand dollars ($5,000) for each separate violation, in

addition to any other damages provided by law.

(c) This section shall remain in effect only until January 1,

2004, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2004, deletes or extends

that date.







1940.8. A landlord of a residential dwelling unit shall provide

each new tenant that occupies the unit with a copy of the notice

provided by a registered structural pest control company pursuant to

Section 8538 of the Business and Professions Code, if a contract for

periodic pest control service has been executed.







1940.9. (a) If the landlord does not provide separate gas and

electric meters for each tenant's dwelling unit so that each tenant's

meter measures only the electric or gas service to that tenant's

dwelling unit and the landlord or his or her agent has knowledge that

gas or electric service provided through a tenant's meter serves an

area outside the tenant's dwelling unit, the landlord, prior to the

inception of the tenancy or upon discovery, shall explicitly disclose

that condition to the tenant and shall do either of the following:

(1) Execute a mutual written agreement with the tenant for

payment by the tenant of the cost of the gas or electric service

provided through the tenant's meter to serve areas outside the tenant'

s dwelling unit.

(2) Make other arrangements, as are mutually agreed in writing,

for payment for the gas or electric service provided through the

tenant's meter to serve areas outside the tenant's dwelling unit.

These arrangements may include, but are not limited to, the landlord

becoming the customer of record for the tenant's meter, or the

landlord separately metering and becoming the customer of record for

the area outside the tenant's dwelling unit.

(b) If a landlord fails to comply with subdivision (a), the

aggrieved tenant may bring an action in a court of competent

jurisdiction. The remedies the court may order shall include, but

are not limited to, the following:

(1) Requiring the landlord to be made the customer of record with

the utility for the tenant's meter.

(2) Ordering the landlord to reimburse the tenant for payments

made by the tenant to the utility for service to areas outside of the

tenant's dwelling unit. Payments to be reimbursed pursuant to this

paragraph shall commence from the date the obligation to disclose

arose under subdivision (a).

(c) Nothing in this section limits any remedies available to a

landlord or tenant under other provisions of this chapter, the rental

agreement, or applicable statutory or common law.







(1941.) Section Nineteen Hundred and Forty-one. The lessor of a

building intended for the occupation of human beings must, in the

absence of an agreement to the contrary, put it into a condition fit

for such occupation, and repair all subsequent dilapidations thereof,

which render it untenantable, except such as are mentioned in

section nineteen hundred and twenty-nine.







1941.1. A dwelling shall be deemed untenantable for purposes of

Section 1941 if it substantially lacks any of the following

affirmative standard characteristics:

(a) Effective waterproofing and weather protection of roof and

exterior walls, including unbroken windows and doors.

(b) Plumbing or gas facilities which conformed to applicable law

in effect at the time of installation, maintained in good working

order.

(c) A water supply approved under applicable law, which is under

the control of the tenant, capable of producing hot and cold running

water, or a system which is under the control of the landlord, which

produces hot and cold running water, furnished to appropriate

fixtures, and connected to a sewage disposal system approved under

applicable law.

(d) Heating facilities which conformed with applicable law at the

time of installation, maintained in good working order.

(e) Electrical lighting, with wiring and electrical equipment

which conformed with applicable law at the time of installation,

maintained in good working order.

(f) Building, grounds and appurtenances at the time of the

commencement of the lease or rental agreement in every part clean,

sanitary, and free from all accumulations of debris, filth, rubbish,

garbage, rodents and vermin, and all areas under control of the

landlord kept in every part clean, sanitary, and free from all

accumulations of debris, filth, rubbish, garbage, rodents, and

vermin.

(g) An adequate number of appropriate receptacles for garbage and

rubbish, in clean condition and good repair at the time of the

commencement of the lease or rental agreement, with the landlord

providing appropriate serviceable receptacles thereafter, and being

responsible for the clean condition and good repair of such

receptacles under his control.

(h) Floors, stairways, and railings maintained in good repair.







1941.2. (a) No duty on the part of the landlord to repair a

dilapidation shall arise under Section 1941 or 1942 if the tenant is

in substantial violation of any of the following affirmative

obligations, provided the tenant's violation contributes

substantially to the existence of the dilapidation or interferes

substantially with the landlord's obligation under Section 1941 to

effect the necessary repairs:

(1) To keep that part of the premises which he occupies and uses

clean and sanitary as the condition of the premises permits.

(2) To dispose from his dwelling unit of all rubbish, garbage and

other waste, in a clean and sanitary manner.

(3) To properly use and operate all electrical, gas and plumbing

fixtures and keep them as clean and sanitary as their condition

permits.

(4) Not to permit any person on the premises, with his permission,

to willfully or wantonly destroy, deface, damage, impair or remove

any part of the structure or dwelling unit or the facilities,

equipment, or appurtenances thereto, nor himself do any such thing.

(5) To occupy the premises as his abode, utilizing portions

thereof for living, sleeping, cooking or dining purposes only which

were respectively designed or intended to be used for such

occupancies.

(b) Paragraphs (1) and (2) of subdivision (a) shall not apply if

the landlord has expressly agreed in writing to perform the act or

acts mentioned therein.





1941.3. (a) On and after July 1, 1998, the landlord, or his or her

agent, of a building intended for human habitation shall do all of

the following:

(1) Install and maintain an operable dead bolt lock on each main

swinging entry door of a dwelling unit. The dead bolt lock shall be

installed in conformance with the manufacturer's specifications and

shall comply with applicable state and local codes including, but not

limited to, those provisions relating to fire and life safety and

accessibility for the disabled. When in the locked position, the

bolt shall extend a minimum of 13/16 of an inch in length beyond the

strike edge of the door and protrude into the doorjamb.

This section shall not apply to horizontal sliding doors.

Existing dead bolts of at least one-half inch in length shall satisfy

the requirements of this section. Existing locks with a thumb-turn

deadlock that have a strike plate attached to the doorjamb and a

latch bolt that is held in a vertical position by a guard bolt, a

plunger, or an auxiliary mechanism shall also satisfy the

requirements of this section. These locks, however, shall be

replaced with a dead bolt at least 13/16 of an inch in length the

first time after July 1, 1998, that the lock requires repair or

replacement.

Existing doors which cannot be equipped with dead bolt locks shall

satisfy the requirements of this section if the door is equipped

with a metal strap affixed horizontally across the midsection of the

door with a dead bolt which extends 13/16 of an inch in length beyond

the strike edge of the door and protrudes into the doorjamb. Locks

and security devices other than those described herein which are

inspected and approved by an appropriate state or local government

agency as providing adequate security shall satisfy the requirements

of this section.

(2) Install and maintain operable window security or locking

devices for windows that are designed to be opened. Louvered

windows, casement windows, and all windows more than 12 feet

vertically or six feet horizontally from the ground, a roof, or any

other platform are excluded from this subdivision.

(3) Install locking mechanisms that comply with applicable fire

and safety codes on the exterior doors that provide ingress or egress

to common areas with access to dwelling units in multifamily

developments. This paragraph does not require the installation of a

door or gate where none exists on January 1, 1998.

(b) The tenant shall be responsible for notifying the owner or his

or her authorized agent when the tenant becomes aware of an

inoperable dead bolt lock or window security or locking device in the

dwelling unit. The landlord, or his or her authorized agent, shall

not be liable for a violation of subdivision (a) unless he or she

fails to correct the violation within a reasonable time after he or

she either has actual notice of a deficiency or receives notice of a

deficiency.

(c) On and after July 1, 1998, the rights and remedies of tenant

for a violation of this section by the landlord shall include those

available pursuant to Sections 1942, 1942.4, and 1942.5, an action

for breach of contract, and an action for injunctive relief pursuant

to Section 526 of the Code of Civil Procedure. Additionally, in an

unlawful detainer action, after a default in the payment of rent, a

tenant may raise the violation of this section as an affirmative

defense and shall have a right to the remedies provided by Section

1174.2 of the Code of Civil Procedure.

(d) A violation of this section shall not broaden, limit, or

otherwise affect the duty of care owed by a landlord pursuant to

existing law, including any duty that may exist pursuant to Section

1714. The delayed applicability of the requirements of subdivision

(a) shall not affect a landlord's duty to maintain the premises in

safe condition.

(e) Nothing in this section shall be construed to affect any

authority of any public entity that may otherwise exist to impose any

additional security requirements upon a landlord.

(f) This section shall not apply to any building which has been

designated as historically significant by an appropriate local,

state, or federal governmental jurisdiction.

(g) Subdivisions (a) and (b) shall not apply to any building

intended for human habitation which is managed, directly or

indirectly, and controlled by the Department of Transportation. This

exemption shall not be construed to affect the duty of the

Department of Transportation to maintain the premises of these

buildings in a safe condition or abrogate any express or implied

statement or promise of the Department of Transportation to provide

secure premises. Additionally, this exemption shall not apply to

residential dwellings acquired prior to July 1, 1997, by the

Department of Transportation to complete construction of state

highway routes 710 and 238 and related interchanges.







1941.4. The lessor of a building intended for the residential

occupation of human beings shall be responsible for installing at

least one usable telephone jack and for placing and maintaining the

inside telephone wiring in good working order, shall ensure that the

inside telephone wiring meets the applicable standards of the most

recent National Electrical Code as adopted by the Electronic Industry

Association, and shall make any required repairs. The lessor shall

not restrict or interfere with access by the telephone utility to its

telephone network facilities up to the demarcation point separating

the inside wiring.

"Inside telephone wiring" for purposes of this section, means that

portion of the telephone wire that connects the telephone equipment

at the customer's premises to the telephone network at a demarcation

point determined by the telephone corporation in accordance with

orders of the Public Utilities Commission.







1942. (a) If within a reasonable time after written or oral notice

to the landlord or his agent, as defined in subdivision (a) of

Section 1962, of dilapidations rendering the premises untenantable

which the landlord ought to repair, the landlord neglects to do so,

the tenant may repair the same himself where the cost of such repairs

does not require an expenditure more than one month's rent of the

premises and deduct the expenses of such repairs from the rent when

due, or the tenant may vacate the premises, in which case the tenant

shall be discharged from further payment of rent, or performance of

other conditions as of the date of vacating the premises. This

remedy shall not be available to the tenant more than twice in any

12-month period.

(b) For the purposes of this section, if a tenant acts to repair

and deduct after the 30th day following notice, he is presumed to

have acted after a reasonable time. The presumption established by

this subdivision is a rebuttable presumption affecting the burden of

producing evidence and shall not be construed to prevent a tenant

from repairing and deducting after a shorter notice if all the

circumstances require shorter notice.

(c) The tenant's remedy under subdivision (a) shall not be

available if the condition was caused by the violation of Section

1929 or 1941.2.

(d) The remedy provided by this section is in addition to any

other remedy provided by this chapter, the rental agreement, or other

applicable statutory or common law.





1942.1. Any agreement by a lessee of a dwelling waiving or

modifying his rights under Section 1941 or 1942 shall be void as

contrary to public policy with respect to any condition which renders

the premises untenantable, except that the lessor and the lessee may

agree that the lessee shall undertake to improve, repair or maintain

all or stipulated portions of the dwelling as part of the

consideration for rental.

The lessor and lessee may, if an agreement is in writing, set

forth the provisions of Sections 1941 to 1942.1, inclusive, and

provide that any controversy relating to a condition of the premises

claimed to make them untenantable may by application of either party

be submitted to arbitration, pursuant to the provisions of Title 9

(commencing with Section 1280), Part 3 of the Code of Civil

Procedure, and that the costs of such arbitration shall be

apportioned by the arbitrator between the parties.







1942.3. (a) In any unlawful detainer action by the landlord to

recover possession from a tenant, a rebuttable presumption affecting

the burden of producing evidence that the landlord has breached the

habitability requirements in Section 1941 is created if all of the

following conditions exist:

(1) The dwelling substantially lacks any of the affirmative

standard characteristics listed in Section 1941.1.

(2) A public officer or employee who is responsible for the

enforcement of any housing law has notified the landlord, or an agent

of the landlord, in a written notice issued after inspection of the

premises which informs the landlord of his or her obligations to

abate the nuisance or repair the substandard conditions.

(3) The conditions have existed and have not been abated 60 days

beyond the date of issuance of the notice specified in paragraph (2)

and the delay is without good cause.

(4) The conditions were not caused by an act or omission of the

tenant or lessee in violation of Section 1929 or 1941.2.

(b) The presumption specified in subdivision (a) does not arise

unless all of the conditions set forth therein are proven, but

failure to so establish the presumption shall not otherwise affect

the right of the tenant to raise and pursue any defense based on the

landlord's breach of the implied warranty of habitability.

(c) The presumption provided in this section shall apply only to

rental agreements or leases entered into or renewed on or after

January 1, 1986.





1942.4. (a) Any landlord who demands or collects rent when all of

the following conditions exist is liable to the tenant or lessee for

the actual damages sustained by the tenant or lessee and special

damages in an amount not less than one hundred dollars ($100) nor

more than one thousand dollars ($1,000):

(1) The rental dwelling substantially lacks any of the affirmative

standard characteristics listed in Section 1941.1.

(2) A public officer or employee who is responsible for the

enforcement of any housing law has notified the landlord, or an agent

of the landlord, in a written notice issued after inspection of the

premises that informs the landlord of his or her obligations to abate

the nuisance or repair the substandard conditions.

(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) In addition to recovery of allowable costs of suit, the

prevailing party shall be entitled to recovery of reasonable attorney'

s fees in an amount fixed by the court.

(c) Any court that awards damages under subdivision (a) may also

order the landlord to abate any nuisance at the rental dwelling and

to repair any substandard conditions of the rental dwelling, as

defined in Section 1941.1, which significantly or materially affect

the health or safety of the occupants of the rental dwelling and are

uncorrected. If the court orders repairs or corrections, or both,

the court's jurisdiction continues over the matter for the purpose of

ensuring compliance.

(d) The tenant or lessee shall be under no obligation to undertake

any other remedy prior to exercising his or her rights under this

section.

(e) Any action under this section may be maintained in small

claims court if the claim does not exceed the jurisdictional limit of

that court.

(f) The remedy provided by this section applies only to rental

agreements or leases entered into or renewed on or after January 1,

1986, and may be utilized in addition to any other remedy provided by

this chapter, the rental agreement, lease, or other applicable

statutory or common law. Nothing in this section shall require any

landlord to comply with this section if he or she pursues his or her

rights pursuant to Chapter 12.75 (commencing with Section 7060) of

Division 7 of Title 1 of the Government Code.







1942.5. (a) If the lessor retaliates against the lessee because of

the exercise by the lessee of his rights under this chapter or

because of his complaint to an appropriate agency as to tenantability

of a dwelling, and if the lessee of a dwelling is not in default as

to the payment of his rent, the lessor may not recover possession of

a dwelling in any action or proceeding, cause the lessee to quit

involuntarily, increase the rent, or decrease any services within 180

days:

(1) After the date upon which the lessee, in good faith, has given

notice pursuant to Section 1942, or has made an oral complaint to

the lessor regarding tenantability; or

(2) After the date upon which the lessee, in good faith, has filed

a written complaint, or an oral complaint which is registered or

otherwise recorded in writing, with an appropriate agency, of which

the lessor has notice, for the purpose of obtaining correction of a

condition relating to tenantability; or

(3) After the date of an inspection or issuance of a citation,

resulting from a complaint described in paragraph (2) of which the

lessor did not have notice; or

(4) After the filing of appropriate documents commencing a

judicial or arbitration proceeding involving the issue of

tenantability; or

(5) After entry of judgment or the signing of an arbitration

award, if any, when in the judicial proceeding or arbitration the

issue of tenantability is determined adversely to the lessor.

In each instance, the 180-day period shall run from the latest

applicable date referred to in paragraphs (1) to (5), inclusive.

(b) A lessee may not invoke the provisions of subdivision (a) more

than once in any 12-month period.

(c) It shall be unlawful for a lessor to increase rent, decrease

services, cause a lessee to quit involuntarily, bring an action to

recover possession, or threaten to do any of such acts, for the

purpose of retaliating against the lessee because he or she has

lawfully organized or participated in a lessees' association or an

organization advocating lessees' rights or has lawfully and peaceably

exercised any rights under the law. In an action brought by or

against the lessee pursuant to this subdivision, the lessee shall

bear the burden of producing evidence that the lessor's conduct was,

in fact, retaliatory.

(d) Nothing in this section shall be construed as limiting in any

way the exercise by the lessor of his rights under any lease or

agreement or any law pertaining to the hiring of property or his

right to do any of the acts described in subdivision (a) or (c) for

any lawful cause. Any waiver by a lessee of his rights under this

section shall be void as contrary to public policy.

(e) Notwithstanding the provisions of subdivisions (a) to (d),

inclusive, a lessor may recover possession of a dwelling and do any

of the other acts described in subdivision (a) within the period or

periods prescribed therein, or within subdivision (c), if the notice

of termination, rent increase, or other act, and any pleading or

statement of issues in an arbitration, if any, states the ground upon

which the lessor, in good faith, seeks to recover possession,

increase rent, or do any of the other acts described in subdivision

(a) or (c). If such statement be controverted, the lessor shall

establish its truth at the trial or other hearing.

(f) Any lessor or agent of a lessor who violates this section

shall be liable to the lessee in a civil action for all of the

following:

(1) The actual damages sustained by the lessee.

(2) Punitive damages in an amount of not less than one hundred

dollars ($100) nor more than one thousand dollars ($1,000) for each

retaliatory act where the lessor or agent has been guilty of fraud,

oppression, or malice with respect to such act.

(g) In any action brought for damages for retaliatory eviction,

the court shall award reasonable attorney's fees to the prevailing

party if either party requests attorney's fees upon the initiation of

the action.

(h) The remedies provided by this section shall be in addition to

any other remedies provided by statutory or decisional law.









1942.6. Any person entering onto residential real property, upon

the invitation of an occupant, during reasonable hours or because of

emergency circumstances, for the purpose of providing information

regarding tenants' rights or to participate in a lessees' association

or association of tenants or an association that advocates tenants'

rights shall not be liable in any criminal or civil action for

trespass.

The Legislature finds and declares that this section is

declaratory of existing law. Nothing in this section shall be

construed to enlarge or diminish the rights of any person under

existing law.





1943. A hiring of real property, other than lodgings and

dwelling-houses, in places where there is no custom or usage on the

subject, is presumed to be a month to month tenancy unless otherwise

designated in writing; except that, in the case of real property used

for agricultural or grazing purposes a hiring is presumed to be for

one year from its commencement unless otherwise expressed in the

hiring.







1944. A hiring of lodgings or a dwelling house for an unspecified

term is presumed to have been made for such length of time as the

parties adopt for the estimation of the rent. Thus a hiring at a

monthly rate of rent is presumed to be for one month. In the absence

of any agreement respecting the length of time or the rent, the

hiring is presumed to be monthly.







1945. If a lessee of real property remains in possession thereof

after the expiration of the hiring, and the lessor accepts rent from

him, the parties are presumed to have renewed the hiring on the same

terms and for the same time, not exceeding one month when the rent is

payable monthly, nor in any case one year.





1945.5. Notwithstanding any other provision of law, any term of a

lease executed after the effective date of this section for the

hiring of residential real property which provides for the automatic

renewal or extension of the lease for all or part of the full term of

the lease if the lessee remains in possession after the expiration

of the lease or fails to give notice of his intent not to renew or

extend before the expiration of the lease shall be voidable by the

party who did not prepare the lease unless such renewal or extension

provision appears in at least eight-point boldface type, if the

contract is printed, in the body of the lease agreement and a recital

of the fact that such provision is contained in the body of the

agreement appears in at least eight-point boldface type, if the

contract is printed, immediately prior to the place where the lessee

executes the agreement. In such case, the presumption in Section

1945 of this code shall apply.

Any waiver of the provisions of this section is void as against

public policy.







1946. A hiring of real property, for a term not specified by the

parties, is deemed to be renewed as stated in Section 1945, at the

end of the term implied by law unless one of the parties gives

written notice to the other of his intention to terminate the same,

at least as long before the expiration thereof as the term of the

hiring itself, not exceeding 30 days; provided, however, that as to

tenancies from month to month either of the parties may terminate the

same by giving at least 30 days' written notice thereof at any time

and the rent shall be due and payable to and including the date of

termination. It shall be competent for the parties to provide by an

agreement at the time such tenancy is created that a notice of the

intention to terminate the same may be given at any time not less

than seven days before the expiration of the term thereof. The

notice herein required shall be given in the manner prescribed in

Section 1162 of the Code of Civil Procedure or by sending a copy by

certified or registered mail addressed to the other party. In

addition, the lessee may give such notice by sending a copy by

certified or registered mail addressed to the agent of the lessor to

whom the lessee has paid the rent for the month prior to the date of

such notice or by delivering a copy to the agent personally.







1946.1. (a) Notwithstanding Section 1946, a hiring of residential

real property located in the City of Los Angeles, the City of Santa

Monica, or the City of West Hollywood, for a term not specified by

the parties, is deemed to be renewed as stated in Section 1945, at

the end of the term implied by law unless one of the parties gives

written notice to the other of his or her intention to terminate the

tenancy, as provided in this section.

(b) An owner of a residential dwelling giving notice pursuant to

this section shall give notice at least 60 days prior to the

proposed date of termination. A tenant giving notice pursuant to

this section shall give notice for a period at least as long as the

term of the periodic tenancy prior to the proposed date of

termination.

(c) 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.

(d) The additional notice provided by this section shall apply

only to a tenant who has been living in a dwelling for at least one

year.

(e) The additional notice provided by this section does not apply

if all of the following are true:

(1) The dwelling or unit is alienable separate from the title to

any other dwelling unit.

(2) The dwelling or unit was sold to a bona fide purchaser for

value.

(3) The purchaser is a natural person or persons.

(4) The purchaser gives notice no more than 30 days after

acquiring the property.

(5) Notice was not previously given to the tenant pursuant to this

section.

(6) The purchaser in good faith intends to reside in the property

for at least one full year after the termination of the tenancy.

(f) The additional notice provided by this section does not apply

in a city in which an entity that regulates residential rents

determines that the rental vacancy rate in the city exceeds 10

percent.

(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) This section shall remain in effect only until January 1,

2005, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2005, deletes or extends

that date.





1946.5. (a) The hiring of a room by a lodger on a periodic basis

within a dwelling unit occupied by the owner may be terminated by

either party giving written notice to the other of his or her

intention to terminate the hiring, at least as long before the

expiration of the term of the hiring as specified in Section 1946.

The notice shall be given in a manner prescribed in Section 1162 of

the Code of Civil Procedure or by certified or registered mail,

restricted delivery, to the other party, with a return receipt

requested.

(b) Upon expiration of the notice period provided in the notice of

termination given pursuant to subdivision (a), any right of the

lodger to remain in the dwelling unit or any part thereof is

terminated by operation of law. The lodger's removal from the

premises may thereafter be effected pursuant to the provisions of

Section 602.3 of the Penal Code or other applicable provisions of

law.

(c) As used in this section, "lodger" means a person contracting

with the owner of a dwelling unit for a room or room and board within

the dwelling unit personally occupied by the owner, where the owner

retains a right of access to all areas of the dwelling unit occupied

by the lodger and has overall control of the dwelling unit.

(d) This section applies only to owner-occupied dwellings where a

single lodger resides. Nothing in this section shall be construed to

determine or affect in any way the rights of persons residing as

lodgers in an owner-occupied dwelling where more than one lodger

resides.







1947. When there is no usage or contract to the contrary, rents are

payable at the termination of the holding, when it does not exceed

one year. If the holding is by the day, week, month, quarter, or

year, rent is payable at the termination of the respective periods,

as it successively becomes due.







1947.7. (a) The Legislature finds and declares that the operation

of local rent stabilization programs can be complex and that disputes

often arise with regard to standards of compliance with the

regulatory processes of those programs. Therefore, it is the intent

of the Legislature to limit the imposition of penalties and sanctions

against an owner of residential rental units where that person has

attempted in good faith to fully comply with the regulatory

processes.

(b) An owner of a residential rental unit who is in substantial

compliance with an ordinance or charter that controls or establishes

a system of controls on the price at which residential rental units

may be offered for rent or lease and which requires the registration

of rents, or any regulation adopted pursuant thereto, shall not be

assessed a penalty or any other sanction for noncompliance with the

ordinance, charter, or regulation.

Restitution to the tenant or recovery of the registration or

filing fees due to the local agency shall be the exclusive remedies

which may be imposed against an owner of a residential rental unit

who is in substantial compliance with the ordinance, charter, or

regulation.

"Substantial compliance," as used in this subdivision, means that

the owner of a residential rental unit has made a good faith attempt

to comply with the ordinance, charter, or regulation sufficient to

reasonably carry out the intent and purpose of the ordinance,

charter, or regulation, but is not in full compliance, and has, after

receiving notice of a deficiency from the local agency, cured the

defect in a timely manner, as reasonably determined by the local

agency.

"Local agency," as used in this subdivision, means the public

entity responsible for the implementation of the ordinance, charter,

or regulation.

(c) For any residential unit which has been registered and for

which a base rent has been listed or for any residential unit which

an owner can show, by a preponderance of the evidence, a good faith

attempt to comply with the registration requirements or who was

exempt from registration requirements in a previous version of the

ordinance or charter and for which the owner of that residential unit

has subsequently found not to have been in compliance with the

ordinance, charter, or regulation, all annual rent adjustments which

may have been denied during the period of the owner's noncompliance

shall be restored prospectively once the owner is in compliance with

the ordinance, charter, or regulation.

(d) In those jurisdictions where, prior to January 1, 1990, the

local ordinance did not allow the restoration of annual rent

adjustment, once the owner is in compliance with this section the

local agency may phase in any increase in rent caused by the

restoration of the annual rent adjustments that is in excess of 20

percent over the rent previously paid by the tenant, in equal

installments over three years, if the tenant demonstrates undue

financial hardship due to the restoration of the full annual rent

adjustments. This subdivision shall remain operative only until

January 1, 1993, unless a later enacted statute which is chaptered by

January 1, 1993, deletes or extends that date.

(e) For purposes of this subdivision, an owner shall be deemed in

compliance with the ordinance, charter, or regulation if he or she is

in substantial compliance with the applicable local rental

registration requirements and applicable local and state housing code

provisions, has paid all fees and penalties owed to the local agency

which have not otherwise been barred by the applicable statute of

limitations, and has satisfied all claims for refunds of rental

overcharges brought by tenants or by the local rent control board on

behalf of tenants of the affected unit.

(f) Nothing in this section shall be construed to grant to any

public entity any power which it does not possess independent of this

section to control or establish a system of control on the price at

which accommodations may be offered for rent or lease, or to diminish

any power to do so which that public entity may possess, except as

specifically provided in this section.

(g) In those jurisdictions where an ordinance or charter controls,

or establishes a system of controls on, the price at which

residential rental units may be offered for rent or lease and

requires the periodic registration of rents, and where, for purposes

of compliance with subdivision (e) of Section 1954.53, the local

agency requires an owner to provide the name of a present or former

tenant, the tenant's name and any additional information provided

concerning the tenant, is confidential and shall be treated as

confidential information within the meaning of the Information

Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of

Title 1.8 of this part). A local agency shall, to the extent

required by this subdivision, be considered an "agency" as defined in

subdivision (b) of Section 1798.3. For purposes of compliance with

subdivision (e) of Section 1954.53, a local agency subject to this

subdivision may request, but shall not compel, an owner to provide

any information regarding a tenant other than the tenant's name.







1947.8. (a) If an ordinance or charter controls or establishes a

system of controls on the price at which residential rental units may

be offered for rent or lease and requires the registration of rents,

the ordinance or charter, or any regulation adopted pursuant

thereto, shall provide for the establishment and certification of

permissible rent levels for the registered rental units, and any

changes thereafter to those rent levels, by the local agency as

provided in this section.

(b) If the ordinance, charter, or regulation is in effect on

January 1, 1987, the ordinance, charter, or regulation shall provide

for the establishment and certification of permissible rent levels

on or before January 1, 1988, including completion of all appeals and

administrative proceedings connected therewith. After July 1, 1990,

no local agency may maintain any action to recover excess rent

against any property owner who has registered the unit with the local

agency within the time limits set forth in this section if the

initial certification of permissible rent levels affecting that

particular property has not been completed, unless the delay is

willfully and intentionally caused by the property owner or is a

result of court proceedings or further administrative proceedings

ordered by a court. If the ordinance, charter, or regulation is

adopted on or after January 1, 1987, the ordinance, charter, or

regulation shall provide for the establishment and certification of

permissible rent levels within one year after it is adopted,

including completion of all appeals and administrative proceedings

connected therewith. Upon the request of the landlord or the tenant,

the local agency shall provide the landlord and the tenant with a

certificate or other documentation reflecting the permissible rent

levels of the rental unit. A landlord may request a certificate of

permissible rent levels for rental units which have a base rent

established, but which are vacant and not exempt from registration

under this section. The landlord or the tenant may appeal the

determination of the permissible rent levels reflected in the

certificate. The permissible rent levels reflected in the

certificate or other documentation shall, in the absence of

intentional misrepresentation or fraud, be binding and conclusive

upon the local agency unless the determination of the permissible

rent levels is being appealed.

(c) After the establishment and certification of permissible rent

levels under subdivision (b), the local agency shall, upon the

request of the landlord or the tenant, provide the landlord and the

tenant with a certificate of the permissible rent levels of the

rental unit. The certificate shall be issued within five business

days from the date of request by the landlord or the tenant. The

permissible rent levels reflected in the certificate shall, in the

absence of intentional misrepresentation or fraud, be binding and

conclusive upon the local agency unless the determination of the

permissible rent levels is being appealed. The landlord or the

tenant may appeal the determination of the permissible rent levels

reflected in the certificate. Any appeal of a determination of

permissible rent levels as reflected in the certificate, other than

an appeal made pursuant to subdivision (b), shall be filed with the

local agency within 15 days from issuance of the certificate. The

local agency shall notify, in writing, the landlord and the tenant

of its decision within 60 days following the filing of the appeal.

(d) The local agency may charge the person to whom a certificate

is issued a fee in the amount necessary to cover the reasonable costs

incurred by the local agency in issuing the certificate.

(e) The absence of a certification of permissible rent levels

shall not impair, restrict, abridge, or otherwise interfere with

either of the following:

(1) A judicial or administrative hearing.

(2) Any matter in connection with a conveyance of an interest in

property.

(f) The record of permissible rent levels is a public record for

purposes of the California Public Records Act, Chapter 3.5

(commencing with Section 6250) of Division 7 of Title 1 of the

Government Code.

(g) Any notice specifying the rents applicable to residential

rental units which is given by an owner to a public entity or tenant

in order to comply with Chapter 12.75 (commencing with Section 7060)

of Division 7 of Title 1 of the Government Code shall not be

considered a registration of rents for purposes of this section.

(h) "Local agency," as used in this section, means the public

entity responsible for the implementation of the ordinance, charter,

or regulation.

(i) Nothing in this section shall be construed to grant to any

public entity any power which it does not possess independent of this

section to control or establish a system of control on the price at

which accommodations may be offered for rent or lease, or to diminish

any such power which that public entity may possess, except as

specifically provided in this section.







1947.10. (a) After July 1, 1990, in any city, county, or city and

county which administers a system of controls on the price at which

residential rental units may be offered for rent or lease and which

requires the registration of rents, any owner who evicts a tenant

based upon the owner's or the owner's immediate relative's intention

to occupy the tenant's unit, shall be required to maintain residence

in the unit for at least six continuous months. If a court

determines that the eviction was based upon fraud by the owner or the

owner's immediate relative to not fulfill this six-month

requirement, a court may order the owner to pay treble the cost of

relocating the tenant from his or her existing unit back into the

previous unit and may order the owner to pay treble the amount of any

increase in rent which the tenant has paid. If the tenant decides

not to relocate back into the previous unit, the court may order the

owner to pay treble the amount of one month's rent paid by the tenant

for the unit from which he or she was evicted and treble the amount

of any costs incurred in relocating to a different unit. The

prevailing party shall be awarded attorney's fees and court costs.

(b) The remedy provided by this section shall not be construed to

prohibit any other remedies available to a any party affected by this

section.





1947.11. (a) In any city, county, or city and county which

administers a system of controls on the price at which residential

rental units may be offered for rent or lease and which requires the

registration of rents, upon the establishment of a certified rent

level, any owner who charges rent to a tenant in excess of the

certified lawful rent ceiling shall refund the excess rent to the

tenant upon demand. If the owner refuses to refund the excess rent

and if a court determines that the owner willfully or intentionally

charged the tenant rent in excess of the certified lawful rent

ceiling, the court shall award the tenant a judgment for the excess

amount of rent and may treble that amount. The prevailing party shall

be awarded attorney's fees and court costs.

(b) The remedy provided by this section shall not be construed to

prohibit any other remedies available to any party affected by this

section.

(c) This section shall not be construed to extend the time within

which actions are required to be brought beyond the otherwise

applicable limitation set forth in the Code of Civil Procedure.







1947.15. (a) The Legislature declares the purpose of this section

is to:

(1) Ensure that owners of residential rental units that are

subject to a system of controls on the price at which the units may

be offered for rent or lease, or controls on the adjustment of the

rent level, are not precluded or discouraged from obtaining a fair

return on their properties as guaranteed by the United States

Constitution and California Constitution because the professional

expenses reasonably required in the course of the administrative

proceedings, in order to obtain the rent increases necessary to

provide a fair return, are not treated as a legitimate business

expense.

(2) Encourage agencies which administer a system of controls on

the price at which residential rental units may be offered for rent

or lease, or controls the adjustment of the rent level, to enact

streamlined administrative procedures governing rent adjustment

petitions which minimize, to the extent possible, the cost and

expense of these administrative proceedings.

(3) Ensure that the cost of professional services reasonably

incurred and required by owners of residential rental units subject

to a system of controls in the price at which the units may be

offered for rent or lease, or controls on the adjustments of the rent

level in the course of defending rights related to the rent control

system, be treated as a legitimate business expense.

(b) Any city, county, or city and county, including a charter

city, which administers an ordinance, charter provision, rule, or

regulation that controls or establishes a system of controls on the

price at which all or any portion of the residential rental units

located within the city, county, or city and county, may be offered

for rent or lease, or controls the adjustment of the rent level, and

which does not include a system of vacancy decontrol, as defined in

subdivision (i), shall permit reasonable expenses, fees, and other

costs for professional services, including, but not limited to,

legal, accounting, appraisal, bookkeeping, consulting, property

management, or architectural services, reasonably incurred in the

course of successfully pursuing rights under or in relationship to,

that ordinance, charter provision, rule, or regulation, or the right

to a fair return on an owner's property as protected by the United

States Constitution or California Constitution, to be included in any

calculation of net operating income and operating expenses used to

determine a fair return to the owner of the property. All expenses,

fees, and other costs reasonably incurred by an owner of property in

relation to administrative proceedings for purposes specified in this

subdivision shall be included in the calculation specified in this

subdivision.

(c) Reasonable fees that are incurred by the owner in successfully

obtaining a judicial reversal of an adverse administrative decision

regarding a petition for upward adjustment of rents shall be

assessed against the respondent public agency which issued the

adverse administrative decision, and shall not be included in the

calculations specified in subdivisions (b) and (d).

(d) (1) Notwithstanding subdivision (b), the city, county, or city

and county, on the basis of substantial evidence in the record that

the expenses reasonably incurred in the underlying proceeding will

not reoccur annually, may amortize the expenses for a period not to

exceed five years, except that in extraordinary circumstances, the

amortization period may be extended to a period of eight years. The

extended amortization period shall not apply to vacant units and

shall end if the unit becomes vacant during the period that the

expense is being amortized. An amortization schedule shall include a

reasonable rate of interest.

(2) Any determination of the reasonableness of the expenses

claimed, of an appropriate amortization period, or of the award of an

upward adjustment of rents to compensate the owner for expenses and

costs incurred shall be made as part of, or immediately following,

the decision in the underlying administrative proceeding.

(e) Any and all of the following factors shall be considered in

the determination of the reasonableness of the expenses, fees, or

other costs authorized by this section:

(1) The rate charged for those professional services in the

relevant geographic area.

(2) The complexity of the matter.

(3) The degree of administrative burden or judicial burden, or

both, imposed upon the property owner.

(4) The amount of adjustment sought or the significance of the

rights defended and the results obtained.

(5) The relationship of the result obtained to the expenses, fees,

and other costs incurred (that is, whether professional assistance

was reasonably related to the result achieved).

(f) This section shall not be applicable to any ordinance, rule,

regulation, or charter provision of any city, county, or city and

county, including a charter city, to the extent that the ordinance,

rule, or regulation, or charter provision places a limit on the

amount of rent that an owner may charge a tenant of a mobilehome

park.

(g) For purposes of this section, the rights of a property owner

shall be deemed to be successfully pursued or defended if the owner

obtains an upward adjustment in rents, successfully defends his or

her rights in an administrative proceeding brought by the tenant or

the local rent board, or prevails in a proceeding, brought pursuant

to Section 1947.8 concerning certification of maximum lawful rents.

(h) (1) If it is determined that a landlord petition assisted by

attorneys or consultants is wholly without merit, the tenant shall be

awarded a reduction in rent to compensate for the reasonable costs

of attorneys or consultants retained by the tenant to defend the

petition brought by the landlord. The reasonableness of the costs of

the tenant's defense of the action brought by the landlord shall be

determined pursuant to the same provisions established by this

section for determining the reasonableness of the landlord's costs

for the professional services. The determination of the

reasonableness of the expenses claimed, an appropriate amortization

period, and the award of a reduction in rents to compensate the

tenant for costs incurred shall be made immediately following the

decision in the underlying administrative proceeding.

(2) If it is determined that a landlord's appeal of an adverse

administrative decision is frivolous or solely intended to cause

unnecessary delay, the public agency which defended the action shall

be awarded its reasonably incurred expenses, including attorney's

fees, in defending the action. As used in this paragraph, "frivolous"

means either (A) totally and completely without merit; or (B) for

the sole purpose of harassing an opposing party.

(i) For purposes of this section, the following terms shall have

the following meanings:

(1) "Vacancy decontrol" means a system of controls on the price at

which residential rental units may be offered for rent or lease

which permits the rent to be increased to its market level, without

restriction, each time a vacancy occurs. "Vacancy decontrol"

includes systems which reimpose controls on the price at which

residential rental units may be offered for rent or lease upon

rerental of the unit.

(2) "Vacancy decontrol" includes circumstances where the tenant

vacates the unit of his or her own volition, or where the local

jurisdiction permits the rent to be raised to market rate after an

eviction for cause, as specified in the ordinance, charter provision,

rule, or regulation.

(j) This section shall not be construed to affect in any way the

ability of a local agency to set its own fair return standards or to

limit other actions under its local rent control program other than

those expressly set forth in this section.







1948. The attornment of a tenant to a stranger is void, unless it

is made with the consent of the landlord, or in consequence of a

judgment of a Court of competent jurisdiction.







1949. Every tenant who receives notice of any proceeding to recover

the real property occupied by him or her, or the possession of the

real property, shall immediately inform his or her landlord of the

proceeding, and also deliver to the landlord the notice, if in

writing, and is responsible to the landlord for all damages which he

or she may sustain by reason of any omission to inform the landlord

of the notice, or to deliver it to him or her if in writing.







1950. One who hires part of a room for a dwelling is entitled to

the whole of the room, notwithstanding any agreement to the contrary;

and if a landlord lets a room as a dwelling for more than one

family, the person to whom he first lets any part of it is entitled

to the possession of the whole room for the term agreed upon, and

every tenant in the building, under the same landlord, is relieved

from all obligation to pay rent to him while such double letting of

any room continues.







1950.5. (a) This section applies to security for a rental agreement

for residential property that is used as the dwelling of the tenant.



(b) As used in this section, "security" means any payment, fee,

deposit or charge, including, but not limited to, an advance payment

of rent, used or to be used for any purpose, including, but not

limited to, any of the following:

(1) The compensation of a landlord for a tenant's default in the

payment of rent.

(2) The repair of damages to the premises, exclusive of ordinary

wear and tear, caused by the tenant or by a guest or licensee of the

tenant.

(3) The cleaning of the premises upon termination of the tenancy.



(4) To remedy future defaults by the tenant in any obligation

under the rental agreement to restore, replace, or return personal

property or appurtenances, exclusive of ordinary wear and tear, if

the security deposit is authorized to be applied thereto by the

rental agreement.

(c) A landlord may not demand or receive security, however

denominated, in an amount or value in excess of an amount equal to

two months' rent, in the case of unfurnished residential property,

and an amount equal to three months' rent, in the case of furnished

residential property, in addition to any rent for the first month

paid on or before initial occupancy.

This subdivision does not prohibit an advance payment of not less

than six months' rent where the term of the lease is six months or

longer.

This subdivision does not preclude a landlord and a tenant from

entering into a mutual agreement for the landlord, at the request of

the tenant and for a specified fee or charge, to make structural,

decorative, furnishing, or other similar alterations, if the

alterations are other than cleaning or repairing for which the

landlord may charge the previous tenant as provided by subdivision

(e).

(d) Any security shall be held by the landlord for the tenant who

is party to the lease or agreement. The claim of a tenant to the

security shall be prior to the claim of any creditor of the landlord.



(e) The landlord may claim of the security only those amounts as

are reasonably necessary for the purposes specified in subdivision

(b). The landlord may not assert a claim against the tenant or the

security for damages to the premises or any defective conditions that

preexisted the tenancy, for ordinary wear and tear or the effects

thereof, whether the wear and tear preexisted the tenancy or occurred

during the tenancy, or for the cumulative effects of ordinary wear

and tear occurring during any one or more tenancies.

(f) Within three weeks after the tenant has vacated the premises,

the landlord shall furnish the tenant, by personal delivery or by

first-class mail, postage prepaid, a copy of an itemized statement

indicating the basis for, and the amount of, any security received

and the disposition of the security and shall return any remaining

portion of the security to the tenant.

(g) Upon termination of the landlord's interest in the dwelling

unit in question, whether by sale, assignment, death, appointment of

receiver or otherwise, the landlord or the landlord's agent shall,

within a reasonable time, do one of the following acts, either of

which shall relieve the landlord of further liability with respect to

the security held:

(1) Transfer the portion of the security remaining after any

lawful deductions made under subdivision (e) to the landlord's

successor in interest. The landlord shall thereafter notify the

tenant by personal delivery or by first-class mail, postage prepaid,

of the transfer, of any claims made against the security, of the

amount of the security deposited, and of the names of the successors

in interest, their address, and their telephone number. If the

notice to the tenant is made by personal delivery, the tenant shall

acknowledge receipt of the notice and sign his or her name on the

landlord's copy of the notice.

(2) Return the portion of the security remaining after any lawful

deductions made under subdivision (e) to the tenant, together with an

accounting as provided in subdivision (f).

(h) Prior to the voluntary transfer of a landlord's interest in a

dwelling unit, the landlord shall deliver to the landlord's successor

in interest a written statement indicating the following:

(1) The security remaining after any lawful deductions are made.

(2) An itemization of any lawful deductions from any security

received.

(3) His or her election under paragraph (1) or (2) of subdivision

(g).

Nothing in this subdivision shall affect the validity of title to

the real property transferred in violation of the provisions of this

subdivision.

(i) In the event of noncompliance with subdivision (g), the

landlord's successors in interest shall be jointly and severally

liable with the landlord for repayment of the security, or that

portion thereof to which the tenant is entitled, when and as provided

in subdivisions (e) and (f). A successor in interest of a landlord

may not require the tenant to post any security to replace that

amount not transferred to the tenant or successors in interest as

provided in subdivision (g), unless and until the successor in

interest first makes restitution of the initial security as provided

in paragraph (2) of subdivision (g) or provides the tenant with an

accounting as provided in subdivision (f).

Nothing in this subdivision shall preclude a successor in interest

from recovering from the tenant compensatory damages that are in

excess of the security received from the landlord previously paid by

the tenant to the landlord.

Notwithstanding the provisions of this subdivision, if, upon

inquiry and reasonable investigation, a landlord's successor in

interest has a good faith belief that the lawfully remaining security

deposit is transferred to him or her or returned to the tenant

pursuant to subdivision (g), he or she shall not be liable for

damages as provided in subdivision (k), or any security not

transferred pursuant to subdivision (g).

(j) Upon receipt of any portion of the security under paragraph

(1) of subdivision (g), the landlord's successors in interest shall

have all of the rights and obligations of a landlord holding the

security with respect to the security.

(k) The bad faith claim or retention by a landlord or the landlord'

s successors in interest of the security or any portion thereof in

violation of this section, or the bad faith demand of replacement

security in violation of subdivision (i), may subject the landlord or

the landlord's successors in interest to statutory damages of up to

six hundred dollars ($600), in addition to actual damages. The court

may award damages for bad faith whenever the facts warrant such an

award, regardless of whether the injured party has specifically

requested relief. In any action under this section, the landlord or

the landlord's successors in interest shall have the burden of proof

as to the reasonableness of the amounts claimed or the authority

pursuant to this section to demand additional security deposits.

(l) No lease or rental agreement shall contain any provision

characterizing any security as "nonrefundable."

(m) Any action under this section may be maintained in small

claims court if the damages claimed, whether actual or statutory or

both, are within the jurisdictional amount allowed by Section 116.220

of the Code of Civil Procedure.

(n) Proof of the existence of and the amount of a security deposit

may be established by any credible evidence, including, but not

limited to, a canceled check, a receipt, a lease indicating the

requirement of a deposit as well as the amount, prior consistent

statements or actions of the landlord or tenant, or a statement under

penalty of perjury that satisfies the credibility requirements set

forth in Section 780 of the Evidence Code.

(o) 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.







1950.6. (a) Notwithstanding Section 1950.5, when a landlord or his

or her agent receives a request to rent a residential property from

an applicant, the landlord or his or her agent may charge that

applicant an application screening fee to cover the costs of

obtaining information about the applicant. The information requested

and obtained by the landlord or his or her agent may include, but is

not limited to, personal reference checks and consumer credit

reports produced by consumer credit reporting agencies as defined in

Section 1785.3. A landlord or his or her agent may, but is not

required to, accept and rely upon a consumer credit report presented

by an applicant.

(b) The amount of the application screening fee shall not be

greater than the actual out-of-pocket costs of gathering information

concerning the applicant, including, but not limited to, the cost of

using a tenant screening service or a consumer credit reporting

service, and the reasonable value of time spent by the landlord or

his or her agent in obtaining information on the applicant. In no

case shall the amount of the application screening fee charged by the

landlord or his or her agent be greater than thirty dollars ($30)

per applicant. The thirty dollar ($30) application screening fee may

be adjusted annually by the landlord or his or her agent

commensurate with an increase in the Consumer Price Index, beginning

on January 1, 1998.

(c) Unless the applicant agrees in writing, a landlord or his or

her agent may not charge an applicant an application screening fee

when he or she knows or should have known that no rental unit is

available at that time or will be available within a reasonable

period of time.

(d) The landlord or his or her agent shall provide, personally, or

by mail, the applicant with a receipt for the fee paid by the

applicant, which receipt shall itemize the out-of-pocket expenses and

time spent by the landlord or his or her agent to obtain and process

the information about the applicant.

(e) If the landlord or his or her agent does not perform a

personal reference check or does not obtain a consumer credit report,

the landlord or his or her agent shall return any amount of the

screening fee that is not used for the purposes authorized by this

section to the applicant.

(f) If an application screening fee has been paid by the applicant

and if requested by the applicant, the landlord or his or her agent

shall provide a copy of the consumer credit report to the applicant

who is the subject of that report.

(g) As used in this section, "landlord" means an owner of

residential rental property.

(h) As used in this section, "application screening fee" means any

nonrefundable payment of money charged by a landlord or his or her

agent to an applicant, the purpose of which is to purchase a consumer

credit report and to validate, review, or otherwise process an

application for the rent or lease of residential rental property.

(i) As used in this section, "applicant" means any entity or

individual who makes a request to a landlord or his or her agent to

rent a residential housing unit, or an entity or individual who

agrees to act as a guarantor or cosignor on a rental agreement.

(j) The application screening fee shall not be considered an

"advance fee" as that term is used in Section 10026 of the Business

and Professions Code, and shall not be considered "security" as that

term is used in Section 1950.5.

(k) This section is not intended to preempt any provisions or

regulations that govern the collection of deposits and fees under

federal or state housing assistance programs.







1950.7. (a) Any payment or deposit of money the primary function of

which is to secure the performance of a rental agreement for other

than residential property or any part of the agreement, other than a

payment or deposit, including an advance payment of rent, made to

secure the execution of a rental agreement, shall be governed by the

provisions of this section. With respect to residential property,

the provisions of Section 1950.5 shall prevail.

(b) Any such payment or deposit of money shall be held by the

landlord for the tenant who is party to the agreement. The claim of

a tenant to the payment or deposit shall be prior to the claim of any

creditor of the landlord, except a trustee in bankruptcy.

(c) The landlord may claim of the payment or deposit only those

amounts as are reasonably necessary to remedy tenant defaults in the

payment of rent, to repair damages to the premises caused by the

tenant, or to clean the premises upon termination of the tenancy, if

the payment or deposit is made for any or all of those specific

purposes. Where the claim of the landlord upon the payment or

deposit is only for defaults in the payment of rent, then any

remaining portion of the payment or deposit shall be returned to the

tenant no later than two weeks after the date the landlord receives

possession of the premises. Where the claim of the landlord upon the

payment or deposit includes amounts reasonably necessary to repair

damages to the premises caused by the tenant or to clean the

premises, then any remaining portion of the payment or deposit shall

be returned to the tenant at a time as may be mutually agreed upon by

landlord and tenant, but in no event later than 30 days from the

date the landlord receives possession of the premises.

(d) Upon termination of the landlord's interest in the unit in

question, whether by sale, assignment, death, appointment of receiver

or otherwise, the landlord or the landlord's agent shall, within a

reasonable time, do one of the following acts, either of which shall

relieve the landlord of further liability with respect to the payment

or deposit:

(1) Transfer the portion of the payment or deposit remaining after

any lawful deductions made under subdivision (c) to the landlord's

successor in interest, and thereafter notify the tenant by personal

delivery or certified mail of the transfer, of any claims made

against the payment or deposit, and of the transferee's name and

address. If the notice to the tenant is made by personal delivery,

the tenant shall acknowledge receipt of the notice and sign his or

her name on the landlord's copy of the notice.

(2) Return the portion of the payment or deposit remaining after

any lawful deductions made under subdivision (c) to the tenant.

(e) Upon receipt of any portion of the payment or deposit under

paragraph (1) of subdivision (d), the transferee shall have all of

the rights and obligations of a landlord holding the payment or

deposit with respect to the payment or deposit.

(f) The bad faith retention by a landlord or transferee of a

payment or deposit or any portion thereof, in violation of this

section, may subject the landlord or the transferee to damages not to

exceed two hundred dollars ($200), in addition to any actual

damages.

(g) This section is declarative of existing law and therefore

operative as to all tenancies, leases, or rental agreements for other

than residential property created or renewed on or after January 1,

1971.





1950.8. (a) This section applies only to commercial leases and

nonresidential tenancies of real property.

(b) It shall be unlawful for any person to require, demand, or

cause to make payable any payment of money, including, but not

limited to, "key money," however denominated, or the lessor's

attorney's fees reasonably incurred in preparing the lease or rental

agreement, as a condition of initiating, continuing, or renewing a

lease or rental agreement, unless the amount of payment is stated in

the written lease or rental agreement.

(c) Any person who requires, demands, or causes to make payable

any payment in violation of subdivision (a), shall be subject to

civil penalty of three times the amount of actual damages proximately

suffered by the person seeking to obtain the lease or rental of real

property, and the person so damaged shall be entitled to an award of

costs, including reasonable attorney's fees, reasonable incurred in

connection with obtaining the civil penalty.

(d) Nothing in this section shall prohibit the advance payment of

rent, if the amount and character of the payment are clearly stated

in a written lease or rental agreement.

(e) Nothing in this section shall prohibit any person from

charging a reasonable amount for the purpose of conducting reasonable

business activity in connection with initiating, continuing, or

renewing a lease or rental agreement for nonresidential real

property, including, but not limited to, verifying creditworthiness

or qualifications of any person seeking to initiate, continue, or

renew a lease or rental agreement for any use other than residential

use, or cleaning fees, reasonably incurred in connection with the

hiring of the real property.

(f) Nothing in this section shall prohibit a person from

increasing a tenant's rent for nonresidential real property in order

to recover building operating costs incurred on behalf of the tenant,

if the right to the rent, the method of calculating the increase,

and the period of time covered by the increase is stated in the lease

or rental agreement.







1951. As used in Sections 1951.2 to 1952.6, inclusive:

(a) "Rent" includes charges equivalent to rent.

(b) "Lease" includes a sublease.





1951.2. (a) Except as otherwise provided in Section 1951.4, if a

lessee of real property breaches the lease and abandons the property

before the end of the term or if his right to possession is

terminated by the lessor because of a breach of the lease, the lease

terminates. Upon such termination, the lessor may recover from the

lessee:

(1) The worth at the time of award of the unpaid rent which had

been earned at the time of termination;

(2) The worth at the time of award of the amount by which the

unpaid rent which would have been earned after termination until the

time of award exceeds the amount of such rental loss that the lessee

proves could have been reasonably avoided;

(3) Subject to subdivision (c), the worth at the time of award of

the amount by which the unpaid rent for the balance of the term after

the time of award exceeds the amount of such rental loss that the

lessee proves could be reasonably avoided; and

(4) Any other amount necessary to compensate the lessor for all

the detriment proximately caused by the lessee's failure to perform

his obligations under the lease or which in the ordinary course of

things would be likely to result therefrom.

(b) The "worth at the time of award" of the amounts referred to in

paragraphs (1) and (2) of subdivision (a) is computed by allowing

interest at such lawful rate as may be specified in the lease or, if

no such rate is specified in the lease, at the legal rate. The worth

at the time of award of the amount referred to in paragraph (3) of

subdivision (a) is computed by discounting such amount at the

discount rate of the Federal Reserve Bank of San Francisco at the

time of award plus 1 percent.

(c) The lessor may recover damages under paragraph (3) of

subdivision (a) only if:

(1) The lease provides that the damages he may recover include the

worth at the time of award of the amount by which the unpaid rent

for the balance of the term after the time of award, or for any

shorter period of time specified in the lease, exceeds the amount of

such rental loss for the same period that the lessee proves could be

reasonably avoided; or

(2) The lessor relet the property prior to the time of award and

proves that in reletting the property he acted reasonably and in a

good-faith effort to mitigate the damages, but the recovery of

damages under this paragraph is subject to any limitations specified

in the lease.

(d) Efforts by the lessor to mitigate the damages caused by the

lessee's breach of the lease do not waive the lessor's right to

recover damages under this section.

(e) Nothing in this section affects the right of the lessor under

a lease of real property to indemnification for liability arising

prior to the termination of the lease for personal injuries or

property damage where the lease provides for such indemnification.







1951.3. (a) Real property shall be deemed abandoned by the lessee,

within the meaning of Section 1951.2, and the lease shall terminate

if the lessor gives written notice of his belief of abandonment as

provided in this section and the lessee fails to give the lessor

written notice, prior to the date of termination specified in the

lessor's notice, stating that he does not intend to abandon the real

property and stating an address at which the lessee may be served by

certified mail in any action for unlawful detainer of the real

property.

(b) The lessor may give a notice of belief of abandonment to the

lessee pursuant to this section only where the rent on the property

has been due and unpaid for at least 14 consecutive days and the

lessor reasonably believes that the lessee has abandoned the

property. The date of termination of the lease shall be specified in

the lessor's notice and shall be not less than 15 days after the

notice is served personally or, if mailed, not less than 18 days

after the notice is deposited in the mail.

(c) The lessor's notice of belief of abandonment shall be

personally delivered to the lessee or sent by first-class mail,

postage prepaid, to the lessee at his last known address and, if

there is reason to believe that the notice sent to that address will

not be received by the lessee, also to such other address, if any,

known to the lessor where the lessee may reasonably be expected to

receive the notice.

(d) The notice of belief of abandonment shall be in substantially

the following form:





Notice of Belief of Abandonment

To:

____________________________________________________________

(Name of lessee/tenant)



____________________________________________________________

(Address of lessee/tenant)

This notice is given pursuant to Section 1951.3 of the Civil

Code

concerning the real property leased by you at ________ (state

location

of the property by address or other sufficient description).

The rent

on this property has been due and unpaid for 14 consecutive days

and

the lessor/landlord believes that you have abandoned the

property.

The real property will be deemed abandoned within the meaning

of

Section 1951.2 of the Civil Code and your lease will terminate

on

________ (here insert a date not less than 15 days after this

notice

is served personally or, if mailed, not less than 18 days after

this

notice is deposited in the mail) unless before such date the

under-

signed receives at the address indicated below a written notice

from

you stating both of the following:

(1) Your intent not to abandon the real property.

(2) An address at which you may be served by certified mail

in any

action for unlawful detainer of the real property.

You are required to pay the rent due and unpaid on this real

property

as required by the lease, and your failure to do so can lead to

a court

proceeding against you.

Dated: ________

__________________________________________________

(Signature of lessor/landlord)



__________________________________________________

(Type or print name of lessor/landlord)



__________________________________________________

(Address to which lessee/tenant is to send

notice)



(e) The real property shall not be deemed to be abandoned pursuant

to this section if the lessee proves any of the following:

(1) At the time the notice of belief of abandonment was given, the

rent was not due and unpaid for 14 consecutive days.

(2) At the time the notice of belief of abandonment was given, it

was not reasonable for the lessor to believe that the lessee had

abandoned the real property. The fact that the lessor knew that the

lessee left personal property on the real property does not, of

itself, justify a finding that the lessor did not reasonably believe

that the lessee had abandoned the real property.

(3) Prior to the date specified in the lessor's notice, the lessee

gave written notice to the lessor stating his intent not to abandon

the real property and stating an address at which he may be served by

certified mail in any action for unlawful detainer of the real

property.

(4) During the period commencing 14 days before the time the

notice of belief of abandonment was given and ending on the date the

lease would have terminated pursuant to the notice, the lessee paid

to the lessor all or a portion of the rent due and unpaid on the real

property.

(f) Nothing in this section precludes the lessor or the lessee

from otherwise proving that the real property has been abandoned by

the lessee within the meaning of Section 1951.2.

(g) Nothing in this section precludes the lessor from serving a

notice requiring the lessee to pay rent or quit as provided in

Sections 1161 and 1162 of the Code of Civil Procedure at any time

permitted by those sections, or affects the time and manner of giving

any other notice required or permitted by law. The giving of the

notice provided by this section does not satisfy the requirements of

Sections 1161 and 1162 of the Code of Civil Procedure.







1951.4. (a) The remedy described in this section is available only

if the lease provides for this remedy. In addition to any other type

of provision used in a lease to provide for the remedy described in

this section, a provision in the lease in substantially the following

form satisfies this subdivision:

"The lessor has the remedy described in California Civil Code

Section 1951.4 (lessor may continue lease in effect after lessee's

breach and abandonment and recover rent as it becomes due, if lessee

has right to sublet or assign, subject only to reasonable

limitations)."

(b) Even though a lessee of real property has breached the lease

and abandoned the property, the lease continues in effect for so long

as the lessor does not terminate the lessee's right to possession,

and the lessor may enforce all the lessor's rights and remedies under

the lease, including the right to recover the rent as it becomes due

under the lease, if any of the following conditions is satisfied:

(1) The lease permits the lessee, or does not prohibit or

otherwise restrict the right of the lessee, to sublet the property,

assign the lessee's interest in the lease, or both.

(2) The lease permits the lessee to sublet the property, assign

the lessee's interest in the lease, or both, subject to express

standards or conditions, provided the standards and conditions are

reasonable at the time the lease is executed and the lessor does not

require compliance with any standard or condition that has become

unreasonable at the time the lessee seeks to sublet or assign. For

purposes of this paragraph, an express standard or condition is

presumed to be reasonable; this presumption is a presumption

affecting the burden of proof.

(3) The lease permits the lessee to sublet the property, assign

the lessee's interest in the lease, or both, with the consent of the

lessor, and the lease provides that the consent shall not be

unreasonably withheld or the lease includes a standard implied by law

that consent shall not be unreasonably withheld.

(c) For the purposes of subdivision (b), the following do not

constitute a termination of the lessee's right to possession:

(1) Acts of maintenance or preservation or efforts to relet the

property.

(2) The appointment of a receiver upon initiative of the lessor to

protect the lessor's interest under the lease.



(3) Withholding consent to a subletting or assignment, or

terminating a subletting or assignment, if the withholding or

termination does not violate the rights of the lessee specified in

subdivision (b).





1951.5. Section 1671, relating to liquidated damages, applies to a

lease of real property.







1951.7. (a) As used in this section, "advance payment" means moneys

paid to the lessor of real property as prepayment of rent, or as a

deposit to secure faithful performance of the terms of the lease, or

any other payment which is the substantial equivalent of either of

these. A payment that is not in excess of the amount of one month's

rent is not an advance payment for the purposes of this section.

(b) The notice provided by subdivision (c) is required to be given

only if:

(1) The lessee has made an advance payment;

(2) The lease is terminated pursuant to Section 1951.2; and

(3) The lessee has made a request, in writing, to the lessor that

he be given notice under subdivison (c).

(c) Upon the initial reletting of the property, the lessor shall

send a written notice to the lessee stating that the property has

been relet, the name and address of the new lessee, and the length of

the new lease and the amount of the rent. The notice shall be

delivered to the lessee personally, or be sent by regular mail to the

lessee at the address shown on the request, not later than 30 days

after the new lessee takes possession of the property. No notice is

required if the amount of the rent due and unpaid at the time of

termination exceeds the amount of the advance payment.







1951.8. Nothing in Section 1951.2 or 1951.4 affects the right of

the lessor under a lease of real property to equitable relief where

such relief is appropriate.







1952. (a) Except as provided in subdivision (c), nothing in

Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter

4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of

Civil Procedure, relating to actions for unlawful detainer, forcible

entry, and forcible detainer.

(b) Unless the lessor amends the complaint as provided in

paragraph (1) of subdivision (a) of Section 1952.3 to state a claim

for damages not recoverable in the unlawful detainer proceeding, the

bringing of an action under the provisions of Chapter 4 (commencing

with Section 1159) of Title 3 of Part 3 of the Code of Civil

Procedure does not affect the lessor's right to bring a separate

action for relief under Sections 1951.2, 1951.5, and 1951.8, but no

damages shall be recovered in the subsequent action for any detriment

for which a claim for damages was made and determined on the merits

in the previous action.

(c) After the lessor obtains possession of the property under a

judgment pursuant to Section 1174 of the Code of Civil Procedure, he

is no longer entitled to the remedy provided under Section 1951.4

unless the lessee obtains relief under Section 1179 of the Code of

Civil Procedure.







1952.2. Sections 1951 to 1952, inclusive, do not apply to:

(a) Any lease executed before July 1, 1971.

(b) Any lease executed on or after July 1, 1971, if the terms of

the lease were fixed by a lease, option, or other agreement executed

before July 1, 1971.







1952.3. (a) Except as provided in subdivisions (b) and (c), if the

lessor brings an unlawful detainer proceeding and possession of the

property is no longer in issue because possession of the property has

been delivered to the lessor before trial or, if there is no trial,

before judgment is entered, the case becomes an ordinary civil action

in which:

(1) The lessor may obtain any relief to which he is entitled,

including, where applicable, relief authorized by Section 1951.2;

but, if the lessor seeks to recover damages described in paragraph

(3) of subdivision (a) of Section 1951.2 or any other damages not

recoverable in the unlawful detainer proceeding, the lessor shall

first amend the complaint pursuant to Section 472 or 473 of the Code

of Civil Procedure so that possession of the property is no longer in

issue and to state a claim for such damages and shall serve a copy

of the amended complaint on the defendant in the same manner as a

copy of a summons and original complaint is served.

(2) The defendant may, by appropriate pleadings or amendments to

pleadings, seek any affirmative relief, and assert all defenses, to

which he is entitled, whether or not the lessor has amended the

complaint; but subdivision (a) of Section 426.30 of the Code of Civil

Procedure does not apply unless, after delivering possession of the

property to the lessor, the defendant (i) files a cross-complaint or

(ii) files an answer or an amended answer in response to an amended

complaint filed pursuant to paragraph (1).

(b) The defendant's time to respond to a complaint for unlawful

detainer is not affected by the delivery of possession of the

property to the lessor; but, if the complaint is amended as provided

in paragraph (1) of subdivision (a), the defendant has the same time

to respond to the amended complaint as in an ordinary civil action.

(c) The case shall proceed as an unlawful detainer proceeding if

the defendant's default (1) has been entered on the unlawful detainer

complaint and (2) has not been opened by an amendment of the

complaint or otherwise set aside.

(d) Nothing in this section affects the pleadings that may be

filed, relief that may be sought, or defenses that may be asserted in

an unlawful detainer proceeding that has not become an ordinary

civil action as provided in subdivision (a).







1952.4. An agreement for the exploration for or the removal of

natural resources is not a lease of real property within the meaning

of Sections 1951 to 1952.2, inclusive.







1952.6. (a) Sections 1951 to 1952.2, inclusive, shall not apply to

any lease or agreement for a lease of real property between any

public entity and any nonprofit corporation whose title or interest

in the property is subject to reversion to or vesting in a public

entity and which issues bonds or other evidences of indebtedness, the

interest on which is exempt from federal income taxes for the

purpose of acquiring, constructing, or improving the property or a

building or other facility thereon, or between any public entity and

any other public entity, unless the lease or the agreement shall

specifically provide that Sections 1951 to 1952.2, inclusive, or any

portions thereof, are applicable to the lease or the agreement.

(b) Except as provided in subdivision (a), a public entity lessee

in a contract for a capital lease of real property involving the

payment of rents of one million dollars ($1,000,000) or more may

elect to waive any of the remedies for a breach of the lease provided

in Sections 1951 to 1952.2, inclusive, and contract instead for any

other remedy permitted by law. As used in this subdivision, "capital

lease" refers to a lease entered into for the purpose of acquiring,

constructing, or improving the property or a building or other

facility thereon.

(c) As used in this section, "public entity" includes the state, a

county, city and county, city, district, public authority, public

agency, or any other political subdivision or public corporation.







1952.8. On and after the effective date of this section, no owner

of a gasoline service station shall enter into a lease with any

person for the leasing of the station for the purpose of operating a

gasoline service station, unless (a) the station is equipped with a

vapor control system for the control of gasoline vapor emissions

during gasoline marketing operations, including storage, transport,

and transfer operations, if such vapor control system is required by

law or by any rule or regulation of the State Air Resources Board or

of the air pollution control district in which the station is located

or (b) no vapor control system has been certified by the board prior

to the date of the lease.

A lease entered into in violation of this section shall be

voidable at the option of the lessee.







1953. (a) Any provision of a lease or rental agreement of a

dwelling by which the lessee agrees to modify or waive any of the

following rights shall be void as contrary to public policy:

(1) His rights or remedies under Section 1950.5 or 1954.

(2) His right to assert a cause of action against the lessor which

may arise in the future.

(3) His right to a notice or hearing required by law.

(4) His procedural rights in litigation in any action involving

his rights and obligations as a tenant.

(5) His right to have the landlord exercise a duty of care to

prevent personal injury or personal property damage where that duty

is imposed by law.

(b) Any provision of a lease or rental agreement of a dwelling by

which the lessee agrees to modify or waive a statutory right, where

the modification or waiver is not void under subdivision (a) or under

Section 1942.1, 1942.5, or 1954, shall be void as contrary to public

policy unless the lease or rental agreement is presented to the

lessee before he takes actual possession of the premises. This

subdivision does not apply to any provisions modifying or waiving a

statutory right in agreements renewing leases or rental agreements

where the same provision was also contained in the lease or rental

agreement which is being renewed.

(c) This section shall apply only to leases and rental agreements

executed on or after January 1, 1976.







1954. A landlord may enter the dwelling unit only in the following

cases:

(a) In case of emergency.

(b) 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, workmen or contractors.

(c) When the tenant has abandoned or surrendered the premises.

(d) Pursuant to court order.

Except in cases of emergency or when the tenant has abandoned or

surrendered the premises, entry may not be made during other than

normal business hours unless the tenant consents at the time of

entry.

The landlord shall not abuse the right of access or use it to

harass the tenant. Except in cases of emergency, when the tenant has

abandoned or surrendered the premises, or if it is impracticable to

do so, the landlord shall give the tenant reasonable notice of his

intent to enter and enter only during normal business hours.

Twenty-four hours shall be presumed to be reasonable notice in

absence of evidence to the contrary.







1954.1. In any general assignment for the benefit of creditors, as

defined in Section 493.010 of the Code of Civil Procedure, the

assignee shall have the right to occupy, for a period of up to 90

days after the date of the assignment, any business premises held

under a lease by the assignor upon payment when due of the monthly

rental reserved in the lease for the period of such occupancy,

notwithstanding any provision in the lease (whether heretofore or

hereafter entered into) for the termination thereof upon the making

of the assignment or the insolvency of the lessee or other condition

relating to the financial condition of the lessee. This section

shall be construed as establishing the reasonable rental value of the

premises recoverable by a landlord upon a holding-over by the tenant

upon the termination of a lease under the circumstances specified

herein.