Bill Text: CA AB2059 | 2023-2024 | Regular Session | Introduced
Bill Title: Tenancy: obligations of landlords: repairs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-12 - Referred to Com. on JUD. [AB2059 Detail]
Download: California-2023-AB2059-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2059
| Introduced by Assembly Member Flora |
February 01, 2024 |
An act to add Section 1941.8 to the Civil Code, relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
AB 2059, as introduced, Flora.
Tenancy: obligations of landlords: repairs.
Existing law regulates the terms and conditions of residential tenancies. Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, that render it untenantable. Existing law, with certain exceptions, does not impose this duty upon the landlord if the tenant is in substantial violation of specified affirmative obligations, or with regard to dilapidations relating to the presence of mold, as specified.
This bill would prohibit a landlord from being liable for dilapidations rendering the premises untenantable, unless the landlord receives written or oral notice of the dilapidations and the landlord is given a reasonable time to repair the dilapidations. The bill would specify that if a landlord acts to repair the dilapidations within 30 days following the notice, it is presumed they acted
within a reasonable time.
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 1941.8 is added to the Civil Code, to read:1941.8.
(a) Notwithstanding any law, a landlord shall not be liable for dilapidations rendering the premises untenantable, unless the landlord receives written or oral notice of the dilapidations and the landlord is given a reasonable time to repair the dilapidations.(b) For purposes of this section, if a landlord acts to repair the dilapidations within 30 days following the notice in subdivision (a), it is presumed they acted within a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence.
