Today's Law As Amended


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AB-2312 Unlawful detainer: payment of rent funds.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 1167.2 is added to the Code of Civil Procedure, to read:

1167.2.
 (a) If a defendant is represented by an attorney in an action for unlawful detainer brought under subdivision (2) of Section 1161 in which the plaintiff is seeking past due rent from a defendant who is in possession, the defendant shall deliver an amount equal to the monthly rent to his or her attorney each month after the filing of the summons and complaint as the rent would otherwise become due and payable under the lease or rental agreement until one of the following conditions is satisfied:
(1) The plaintiff regains possession of the property.
(2) The court enters judgment in favor of the defendant in the unlawful detainer action.
(b) An attorney who receives rent pursuant to this section shall do all of the following:
(1) Deposit all rent received from the defendant pursuant to subdivision (a) into a trust account separate from the attorney’s own funds.
(2) Within four days of receipt of the rent, send a letter to the plaintiff, or his or her counsel, confirming receipt of the rent.
(3) Release the rent as directed by the court or pursuant to a written agreement between the parties.