Today's Law As Amended


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AB-1697 Housing: tenancy termination: just cause.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 1946.2 is added to the Civil Code, to read:

1946.2.
 (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, in which the tenant has occupied the property, with or without a written lease agreement, for 10 months or more, shall terminate the hiring without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.
(b) For purposes of this section, “just cause” includes either of the following:
(1) At-fault just cause, which includes, but is not limited to, any of the following:
(A) Failure to pay rent.
(B) Substantial breach of a material term of the rental agreement.
(C) Nuisance.
(D) Waste.
(E) Illegal conduct.
(2) No-fault just cause, which includes, but is not limited to, any of the following:
(A) Owner intent to occupy the residential property.
(B) Withdrawal of the residential property from the rental market.
(C) Unsafe habitation.
(D) Intent to demolish or to substantially remodel.
(c) A lessor of residential property shall provide notice to lessees of their rights under this section at the beginning of the tenancy by providing them with an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.
(d) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, they shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.
(e) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, they shall assist the lessee, regardless of income, to relocate by providing a direct payment to the lessee. If a lessor of residential property issues a notice to terminate tenancy for no-fault just cause they shall notify the lessee of their right to relocation assistance pursuant to this section. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property.
(f) This section shall not apply to the following types of residential properties or residential circumstances:
(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.
(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.
(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.
(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.
(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, such as an accessory dwelling unit or a junior accessory dwelling unit.
(g) This section does not prevent the adoption or enforcement of a more restrictive local rule or ordinance.