Today's Law As Amended


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AB-2003 Unlawful detainer proceedings.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 1954 of the Civil Code is amended to read:

1954.
 (a) A landlord may enter the dwelling unit only in the following cases:
(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, to  supply necessary or agreed services, or to  exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or  contractors,  to make an inspection pursuant to subdivision (f) of Section 1950.5. 1950.5, or to comply with Section 1941.1. 
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(5) For the purposes set forth in Chapter 2.5 (commencing with Section 1954.201).
(6) To comply with the provisions of Article 2.2 (commencing with Section 17973) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may shall  not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.
(c) The landlord may shall  not abuse the right of access or use it to harass the tenant.
(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to  before  an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.
(3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time of entry.
(3) After the tenant has abandoned or surrendered the unit.

SEC. 2.

 Section 392 of the Code of Civil Procedure is amended to read:

392.
 (a) Subject to the power of the court to transfer actions and proceedings as provided in this title, the superior court in the county where the real property that is the subject of the action, or some part thereof, is situated, is the proper court for the trial of the following actions:
(1) For the recovery of real property, or of an estate or interest therein,  in real property,  or for the determination in any form, of that right or interest, and for injuries to real property.
(2) For the foreclosure of all liens and mortgages on real property.
(b) (1)  In the court designated as the proper court in subdivision (a), the proper court location for trial of a proceeding for an unlawful detainer, as defined described  in Section 1161, is the location where the court tries that type of proceeding that is nearest or most accessible to where the real property that is the subject of the action, or some part thereof, is situated. Otherwise any location of the superior court designated as the proper court in subdivision (a) is a proper court location for the trial. The court may specify by local rule the nearest or most accessible court location where the court tries that type of case.
(2) A plaintiff or a defendant shall not request a change in court location if the court location for trial of the proceeding for an unlawful detainer, as described in Section 1161, is the court location that is nearest to where the real property that is the subject of the action, or some part thereof, is situated. This paragraph only applies if that court location has been designated as a proper court location for the trial and allows for a jury trial.

SEC. 3.

 Section 1168 is added to the Code of Civil Procedure, to read:

1168.
 If the defendant asserts an affirmative defense of breach of the implied warranty of habitability, the defendant shall indicate on the appropriate Judicial Council answer form if he or she has lodged a complaint or complaints regarding the uninhabitability of the premises before the filing of the action. If the defendant has lodged a complaint or complaints regarding the uninhabitability of the premises before the filing of the action, he or she shall include on the appropriate Judicial Council answer form the following information:
(a) Whether the complaint or complaints were lodged with the plaintiff or the plaintiff’s agent in charge of managing the premises.
(b) Whether the complaint or complaints were lodged with a city or county department, and, if so, which city or county department.
SEC. 4.
 On or before July 1, 2017, the Judicial Council shall revise the “Answer-Unlawful Detainer” form to include spaces to input the information required by Section 3 of this act.