This Page is to Help Landlords & Tenants.
With Information on Changes in Rental Land Lord Tenant
Law concerning evictions, security deposit, walk through inspections, written notices, a new definition
for security deposits and if 60 Day Notice to Vacate Required
Laws Affecting California Rental Property: Walk through, return of security deposits, enter the rental unit without written notice and other issues. Changes made on January 1, 2004. A brief overview:
AB 1384: When tenancy is terminated by a three-say notice as allowed in section 2,3, and 4 of Section 1161 of the Code of Civil Procedure, the owner does not have to notify tenant of or provide an initial walk through inspection. (CA Civil Code 1950.5)
AB 1059: Civil penalties have been increased up to $2,000 for each act where a rental property owner influences the tenant to vacate the dwelling by violating Sections 484 or 518 of the Penal Code, wrongly retains or appropriates the tenant's property, or uses threats, force or menacing conduct that interferes with the tenant's right to quiet enjoyment of the premises that would create an apprehension of harm in a reasonable person. (CA Civil Code 1940.2 and 1942.5)
SB 90: Existing law requires the landlord to return the remaining portion of the security to the tenant. This law requires a landlord to include, with certain exceptions, copies of specified documents showing the charges incurred and deducted, and would prohibit this information from being provided to a tenant prior to the specified time periods. Certain information about the person or entity providing the labor or material must be provided. The law establishes specific methods by which a landlord
may satisfy the obligation to provide this information and remaining security deposit, if any. (CA Civil Code 1950.5)
SB 345: 1.Allows an owner to enter the rental unit without written notice when the tenant verbally agrees to the entry for the purpose of making needed repairs or to show the dwelling to prospective buyers. (Section 1954 of the CA Civil Code)
2.Access to court records on evictions where the tenant is the prevailing party within 60 days after the complaint is filed. (Section 1161.2 of the Code of Civil Procedure)
3.The information that an owner must include in a verified complaint has been revised to include the name of the person verifying the complaint and to state the method used to serve the defendant with a notice of termination, among other items. The owner is also required to attach specified documents to the complaint, with specified exceptions. (Section 1166 is added to the Code of Civil Procedure)
For more information about the new laws join the Rental Housing Owner's Association of Southern Alameda County at www.rhosource.com or (510) 537-0340.