Bill Text: CA AB1697 | 2019-2020 | Regular Session | Amended
Bill Title: Housing: tenancy termination: just cause.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - Died on inactive file. [AB1697 Detail]
Download: California-2019-AB1697-Amended.html
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Amended
IN
Assembly
May 01, 2019 |
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Amended
IN
Assembly
March 25, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Assembly Bill | No. 1697 |
| Introduced by Assembly Member Grayson |
February 22, 2019 |
An act to add Section 1946.2 to the Civil Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1697, as amended, Grayson.
Housing: tenancy termination: just cause.
Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other, of that party’s intention to terminate. Existing law requires an owner of a residential dwelling to give notice at least 60 days prior to the proposed date of termination, or at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year. Existing law requires any notice given by an owner to be given in a prescribed manner, to contain certain information, and to be formatted, as specified.
This bill would, with certain exceptions, prohibit a lessor of residential property, for a term not specified by the parties, in which the tenant has occupied
the property for 12 10 months or more, from terminating the lease without just cause, stated in the written notice to terminate.
This bill would require, for curable violations, that the lessor give a notice of violation and an opportunity to cure the violation prior to issuing the notice of termination, unless the notice to terminate states just cause that is related to specific illegal conduct that creates the potential for harm to other tenants.
This bill would require, unless the owner intends to occupy the residential property, that the lessor assist the lessee, regardless of income, to relocate by providing a direct payment to the lessee.
This bill would require a lessor of residential
property to provide notice to a lessee of the lessee’s rights under these provisions at the beginning of the tenancy by providing an addendum to the lease to be signed by the lessee when the lease agreement is signed.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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) 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(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.
