SOME HIGHLIGHTS OF THE FOLLOWING NEW LAWS FOR 2008
may be updated from time to time with new information or analysis.)
VICTIMS OF DOMESTIC VIOLENCE MAY BREAK A LEASE
Effective Sept 27, 2008 Civil Code 1946.7 was added providing that a tenant may notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking, as defined, and intends to terminate the tenancy. The tenant must attach a copy of a temporary restraining order or emergency protective order, or a copy of a specified written report by a peace officer, to the notice. The tenant may then quit the premises and the tenant would be discharged from payment of rent for any period following 30 days from the date of the notice, or as specified. The bill law provides that the notice to terminate the tenancy shall be given within 60 days of the date the order was issued or the report was made, or as specified. The code specifies that the non released party remains obligated under the lease. There are exceptions and conditions to these protections outlined in the codes. (This law was amended for 2012)
60 DAY NOTICE LAW FOR
FORECLOSURE AFFECTED TENANTS
On July 8, 2008, Code of Civil Procedure section 1161b was signed into law. This law provides that a tenant or subtenant in possession of rental housing at the time of a foreclosure sale is now entitled to a 60 day notice instead of 30 days under old law. This will not apply if any party on the note remains in the property as a tenant, subtenant, or occupant. This law expires on 12/31/2012.
NOTICE TO TENANTS REQUIRED
IN HOME BEING FORECLOSED ON
Civil Code section 2924.8 requires the following notice to be placed on residential
property being sold at foreclosure by the foreclosing party (i.e. trustee, agent etc.)
"Foreclosure process has begun on this property, which may affect your right to continue to live in this property. Twenty days or more after the date of this notice, this property may be sold at foreclosure. If you are renting this property, the new property owner may either give you a new lease or rental agreement or provide you with a 60-day eviction notice. However, other laws may prohibit an eviction in this circumstance or provide you with a longer notice before eviction. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights you may have."
This law only applies to loans secured by residential real property, and if the billing address for the mortgage note is different than the property address. This law expires on 12/31/2012.
LOCAL GOVERNMENTS AND LANDLORDS PROHIBITED FROM REQUIRING RESIDENCY STATUS
INFORMATION FROM TENANTS IN RESIDENTIAL RENTALS
Civil Code 1940.3 prohibits any city or county from passing any law to compel a landlord to make an inquiry or otherwise take any action based on the immigration or citizenship status of a residential tenant. Besides restricting local governments, section 1940.3 prohibits landlords from making any inquiry regarding the residency status of a residential tenant. Landlords may not require that a tenant make any statement or representation (including showing papers) of his/her residency status. Such information is allowed, however, if required by Federal Law or to assess a tenant's financial qualifications or identity.
NUISANCE AS GROUNDS FOR EVICTION NOW TO INCLUDE
POSSESSION OF ILLEGAL WEAPONS/AMMUNITION
Nuisance by a tenant now includes possession of illegal weapons or ammunition along with the use of the property in furtherance of that offense. Civil Code 3845 allows the City Attorney to require the landlord to commence an eviction lawsuit based on "...illegal conduct involving an unlawful weapons or ammunition purpose on real property..." Prior law allowed for such a procedure for illegal drug use. (This law is set to expire January 1, 2010.) A landlord may also evict with a 3 day notice to vacate based on nuisance under Code of Civil Procedure 1161(4) using possession of illegal weapons or ammunition as a basis of the eviction.
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California law for San Diego is applied in these pages. This is not represented to be a full and complete list of all laws that may or may not affect tenants or occupants in properties Such laws may or may not be applicable in other jurisdictions. The information provided herein is of a general nature and is not intended to be taken as specific legal advice. Legal summaries are only the opinion of the Tenants Legal Center and are not intended nor should they be relied upon as any specific representation of any law. For legal advice in a particular situation, promptly consult with an appropriate attorney.