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AB-2925 Tenancy: eviction: for cause.(2017-2018)

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Date Published: 05/29/2018 09:00 PM
AB2925:v95#DOCUMENT

Amended  IN  Assembly  May 29, 2018
Amended  IN  Assembly  May 07, 2018
Amended  IN  Assembly  April 24, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2925


Introduced by Assembly Member Bonta
(Coauthors: Assembly Members Bloom and Chiu)
(Coauthor: Senator Skinner)

February 16, 2018


An act to add Section 1946.2 to the Civil Code, relating to tenancy.


LEGISLATIVE COUNSEL'S DIGEST


AB 2925, as amended, Bonta. Tenancy: eviction: good for cause.
Existing law governs the hiring of residential dwelling units and establishes provisions for the renewal or termination of a hiring of residential real property for an unspecified term. Existing law requires that an owner of a residential dwelling generally give at least 60 days’ notice prior to termination or, in the case of a tenant or resident that has resided in the dwelling for less than one year or if certain other conditions apply, 30 days’ notice prior to termination. Existing law provides that a tenant of real property is guilty of unlawful detainer in certain circumstances, including that the tenant continues in possession of the property after the expiration of the term for which it is let to him or her, as provided.
This bill would prohibit a landlord from terminating a tenancy, or seeking to recover possession from a tenant who continues in possession of property after the expiration of the term for which it is let, as described above, except for cause, as set forth with particularity in the notice. The bill would specify that neither a change, including an anticipated change in ownership of the property nor a foreclosure of the property nor expiration of a fixed-term lease would constitute cause for termination of a tenancy or eviction of a tenant. The bill would state the intent of the Legislature to encourage or incentivize cities to enact just cause eviction ordinances in order to prevent unnecessary displacement of tenants. The bill would state that its provisions are in addition to, and do not supersede or preempt, any other state or local law regulating the grounds for eviction or the termination of a tenancy.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

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

1946.2.
 (a) A landlord shall not issue a notice to terminate a tenancy pursuant to Section 1946 or 1946.1, or seek to recover possession from a tenant under subdivision (1) of Section 1161 of the Code of Civil Procedure, except for cause, as set forth with particularity in the notice.

(b)The following shall not constitute cause for termination of a tenancy or eviction of a tenant for purposes of this section:

(1)A change, or anticipated change, in ownership of the property.

(2)Foreclosure of the property.

(3)Expiration of a fixed-term lease.

(c)

(b) It is the intent of the Legislature to encourage or incentivize cities to enact just cause eviction ordinances in order to prevent unnecessary displacement of tenants.

(d)

(c) This section is in addition to, and does not supersede or preempt, any other state or local law regulating the grounds for eviction or termination of a tenancy.