California Codes, Civil Code, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 5 — Hiring, Chapter 2 — Hiring of Real Property

92
Sections

Sections

92 entries
Section 1940Extends the chapter to persons hiring California dwelling units, including tenants, lessees, boarders, and lodgers. Exempts specified transient hotel or motel occupancies,…Section 1940.05Establishes that for purposes of this chapter, "immigration or citizenship status" includes a perception that the person has a particular immigration status…Section 1940.1Prohibits requiring a residential-hotel occupant to move, check out, or reregister before 30 days of occupancy when the purpose is to preserve…Section 1940.2Prohibits a landlord from using specified theft, extortion, force, threats, menacing conduct, substantial intentional entry violations, or immigration-status threats to influence a…Section 1940.3Prohibits public entities, landlords, and landlord agents from requiring, using, or disclosing residential tenants' or applicants' immigration or citizenship status in the…Section 1940.35Prohibits landlords from disclosing a tenant’s, occupant’s, or associated person’s immigration or citizenship status to immigration, law-enforcement, or government agencies to harass,…Section 1940.4Prohibits landlords from barring tenants from displaying qualifying political signs on specified leased areas. Allows bans for signs over six square feet,…Section 1940.41Prohibits a landlord from barring tenants from owning qualifying personal micromobility devices and, subject to stated battery-safety conditions, storing and recharging up…Section 1940.45Prohibits except as otherwise provided by this section, a property owner from enforcing or adopt a restrictive covenant or any other restriction…Section 1940.5Prohibits covered landlords from refusing a qualified tenant solely for possessing a waterbed when statutory conditions are met, including at least $100,000…Section 1940.6Requires an owner seeking a permit to demolish a residential unit to notify prospective tenants before specified tenancy-related acts and current tenants…Section 1940.7Requires a residential landlord with actual knowledge of a former federal or state ordnance location within one mile to give a prospective…Section 1940.8Requires a landlord of a residential dwelling unit to provide each new tenant that occupies the unit with a copy of the…Section 1940.8.5Requires landlords or agents applying pesticides without a licensed operator to give specified tenants plain-language written notice, generally at least 24 hours…Section 1940.9Requires a landlord who knows a tenant's gas or electric meter also serves outside areas to disclose that condition before the tenancy…Section 1940.10Requires landlords of qualifying one- or two-unit residential property to permit tenant personal agriculture in approved portable containers in a private ground-level…Section 1940.20Allows a tenant to use a clothesline or drying rack in the tenant’s defined private area when it does not interfere with…Section 1941Requires a lessor of a building intended for human occupancy, absent an agreement to the contrary, to place the building in a…Section 1941.1Defines a dwelling as untenantable when it substantially lacks specified habitability characteristics or falls within cited substandard-unit provisions. Requires qualifying landlords to…Section 1941.2Exempts a landlord from repair duties for a dilapidation when the tenant substantially violates specified cleanliness, waste, fixture-use, damage-prevention, or proper-occupancy duties…Section 1941.3Requires landlords of human-habitation buildings, beginning July 1, 1998, to install and maintain specified deadbolts, window locks, and common-area exterior-door locks. Exempts…Section 1941.4Requires a residential building lessor to install at least one usable telephone jack, keep inside telephone wiring in good working order, ensure…Section 1941.5Requires a landlord, at the landlord's expense, to change an eligible tenant's locks within 24 hours after a written request and qualifying…Section 1941.6Requires a landlord, at the landlord's expense, to change a protected tenant's locks within 24 hours after receiving a written request and…Section 1941.7Limits the landlord’s mold-repair obligation under the referenced habitability provisions so it does not arise until the lessor has notice of the…Section 1941.8Requires a residential landlord, within a reasonable time after disaster damage, to remove debris or mitigate hazards as necessary, follow government cleaning…Section 1941.9Requires a landlord to return advance rent covering periods after residential tenancy termination within 21 days, using the tenant’s address or the…Section 1942Allows a tenant, after notice and landlord neglect of an untenantable condition, to repair and deduct costs up to one month’s rent…Section 1942.1Prohibits a dwelling tenant from waiving or modifying referenced habitability and repair rights as to untenantable conditions. Allows landlord and tenant to…Section 1942.2Allows a tenant who makes a qualifying payment to a utility under any of the listed Public Utilities Code provisions, or to…Section 1942.3Establishes a rebuttable presumption in a landlord's unlawful-detainer action that habitability duties were breached when specified substandard conditions were officially noticed, remained…Section 1942.4Prohibits a dwelling landlord from demanding or collecting rent, increasing rent, or issuing a three-day pay-or-quit notice when substandard conditions remain unabated…Section 1942.5Prohibits a dwelling lessor from retaliatory possession, forced departure, rent increases, or service reductions within 180 days after specified tenantability complaints or…Section 1942.6Exempts a person invited by a residential occupant from civil or criminal trespass liability when entering during reasonable hours or an emergency…Section 1942.7Prohibits a person or business that sells, rents, or otherwise provides real property for occupancy with an animal from advertising to discourage…Section 1942.8Requires landlords or agents, for qualifying residential tenancies on or after January 1, 2026, to let tenants opt out of third-party internet-service…Section 1942.9Prohibits a landlord from charging or collecting late fees on qualifying COVID-19 rental debt from a tenant who submitted the required financial-distress…Section 1943Sets a month-to-month presumption for hiring real property other than lodgings or dwelling-houses where no custom or usage governs and the parties…Section 1944Establishes that a hiring of lodgings or a dwelling house for an unspecified term is presumed to have been made for such…Section 1945Establishes a presumption that when a real-property tenant remains after the hiring expires and the landlord accepts rent, the parties renewed on…Section 1945.5Limits automatic renewal or extension clauses in post-effective-date residential leases by making them voidable by the non-drafting party unless the clause and…Section 1946Allows either party to terminate an unspecified-term real-property tenancy by written notice generally given as long before expiration as the tenancy period,…Section 1946.1Requires owners terminating covered residential or qualified commercial tenancies to give 60 days’ notice, reduced to 30 days for occupancy under one…Section 1946.2Prohibits termination of a covered residential tenancy without just cause after visible 12- or 24-month occupancy thresholds. For owner-occupancy just cause, requires…Section 1946.3Allows a residential tenant to assert Social Security hardship as an affirmative defense only in unlawful detainer for nonpayment. Sets the stay…Section 1946.5Allows either party to terminate a periodic room rental by a single lodger in an owner-occupied dwelling through written notice at least…Section 1946.7Allows a tenant to give written notice terminating a tenancy when the tenant, a household member, or an immediate family member was…Section 1946.8Prohibits rental terms or landlord penalties restricting or punishing summons for law-enforcement or emergency assistance for abuse, crime, or an emergency when…Section 1946.9Prohibits a landlord or agent from taking specified adverse tenant-screening actions based on lease breaches caused by abuse against the applicant or…Section 1947Establishes that when there is no usage or contract to the contrary, rents are payable at the termination of the holding, when…Section 1947.1Requires owners of qualifying residential properties—16 or more units in listed counties with occupancy certificates from January 1, 2025—to unbundle parking from…Section 1947.3Requires a landlord or agent to allow at least one method of paying rent and security that is neither cash nor electronic…Section 1947.5Allows a landlord of a residential dwelling unit, or his or her agent, to prohibit the smoking of a cigarette. A limitation…Section 1947.6Requires residential lessors to approve compliant EV-charger requests for leases executed, extended, or renewed from July 1, 2015. Exempts properties with chargers…Section 1947.7Exempts a residential rental owner in substantial good-faith compliance with a local rent-registration control from penalties or sanctions, limiting remedies to tenant…Section 1947.8Requires covered local rent-control systems to establish and certify permissible rent levels, including appeals, within one year after adoption and issue requested…Section 1947.9Limits San Francisco temporary-displacement compensation for rent-stabilized tenant households displaced less than 20 days to $275 per day for temporary housing and…Section 1947.10Requires an owner using qualifying rent-control owner- or immediate-relative-occupancy eviction to maintain residence for at least six continuous months. Allows, for fraudulent…Section 1947.11Requires an owner under qualifying rent-control registration rules who charged above the certified lawful rent ceiling to refund the excess on demand.…Section 1947.12Limits covered residential rent increases over 12 months to the lower of 5 percent plus cost-of-living change or 10 percent, with no…Section 1947.13Allows qualifying owners, when specified rental restrictions expire, to establish an initial unassisted or unrestricted rental rate subject to applicable law, while…Section 1947.15Requires local residential rent-control systems without vacancy decontrol to treat reasonable professional expenses incurred in successfully pursuing covered administrative rights or a…Section 1948Prohibits a tenant's attornment to a stranger from having legal effect unless the landlord consents or the attornment results from a judgment…Section 1949Requires a tenant who receives notice of a proceeding to recover the occupied real property or its possession to inform the landlord…Section 1950Establishes that a tenant who rents part of a room as a dwelling is entitled to the whole room despite an agreement…Section 1950.1Defines a reusable tenant screening report as a qualifying consumer report prepared within the previous 30 days and containing specified applicant information.…Section 1950.5Limits residential security to one month’s rent plus first-month rent, but allows up to two months for qualifying small landlords, except service-member…Section 1950.6Allows a residential landlord or agent to charge an application screening fee limited to actual screening costs and a statutory $30 base…Section 1950.7Requires commercial security deposits to be held for tenants, whose claim has priority except against a bankruptcy trustee. For rent-only claims up…Section 1950.8Prohibits persons in commercial leases and nonresidential tenancies from requiring key money, lease-preparation attorney’s fees, or other payments as a condition of…Section 1950.9Prohibits a commercial landlord from charging a qualified commercial tenant building operating costs unless allocation and documentation requirements are met, including costs…Section 1951Defines “rent,” for purposes of the specified group of statutory provisions, to include charges equivalent to rent, and defines “lease” to include…Section 1951.2Allows a lessor after breach and abandonment or dispossession to recover unpaid rent, post-termination rent loss, future rent loss, and other detriment,…Section 1951.3Allows a noncommercial lease to terminate as abandoned when rent has been unpaid for at least 14 consecutive days, the lessor reasonably…Section 1951.35Allows a commercial lease to terminate as abandoned when rent is unpaid for at least the lease’s default period, never less than…Section 1951.4Allows the remedy described in this section is available only if the lease provides for this remedy. "The lessor has the remedy…Section 1951.5Sets the liquidated-damages rules of the referenced provision to apply to leases of real property. The legal effect is to place real-property…Section 1951.7Requires a lessor, after terminating a lease under the referenced law and initially reletting property, to send a requested advance-payment notice within…Section 1951.8Establishes that the referenced statutory lease-remedy provisions do not affect a real-property lessor's right to obtain equitable relief when such relief is…Section 1952Establishes that unlawful-detainer, forcible-entry, and forcible-detainer procedures remain available despite the referenced lease-remedy provisions and allows a lessor to bring a separate…Section 1952.2Exempts leases executed before July 1, 1971, from the referenced lease-remedy provisions. Also exempts a lease executed on or after July 1,…Section 1952.3Allows an unlawful-detainer case to become an ordinary civil action when possession is no longer at issue before trial or judgment, permitting…Section 1952.4Defines an agreement for exploration for or removal of natural resources as not a lease of real property within the meaning of…Section 1952.6Exempts specified public-entity leases and lease agreements from the referenced statutory remedies unless the agreement expressly makes those provisions applicable. Allows a…Section 1952.7Bars commercial lease terms executed, renewed, or extended from January 1, 2015 that prohibit or unreasonably restrict electric-vehicle charging stations, while allowing…Section 1952.8Prohibits an owner, after the effective date, from leasing a gasoline service station for station operations unless legally required vapor-control equipment is…Section 1953Prohibits dwelling leases from waiving tenant rights, including security-deposit and entry rights, future causes of action, required notice or hearing, litigation procedures,…Section 1954Allows a landlord to enter a dwelling only for specified purposes and generally during normal business hours with reasonable written notice; 24…Section 1954.05Allows an assignee for the benefit of creditors to occupy the assignor's leased business premises for up to 90 days after the…Section 1954.06Requires assisted-housing landlords from July 1, 2021, to offer rent reporting at signing and annually, existing leases by October 1, 2021; fees…Section 1954.07Requires residential landlords to offer positive rent reporting at signing and annually from April 1, 2025, existing leases by then; fees cap…Section 1954.071Establishes that qualifying disaster-displaced lodging guests do not become tenants under the referenced provisions until 270 consecutive days. Requires 72 hours’ written…

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.