Bill Text: CA AB265 | 2011-2012 | Regular Session | Amended
Bill Title: Tenancies: unlawful detainer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died on inactive file. [AB265 Detail]
Download: California-2011-AB265-Amended.html
BILL NUMBER: AB 265 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2011
AMENDED IN ASSEMBLY APRIL 6, 2011
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 7, 2011
An act to amend Section 1179 of add
Section 1178. 5 to the Code of Civil Procedure,
relating to tenancies.
LEGISLATIVE COUNSEL'S DIGEST
AB 265, as amended, Ammiano. Tenancies: unlawful detainer.
Existing law specifies that a tenant is guilty of unlawful
detainer upon default in the payment of rent under the lease after
receipt of 3 days' notice of that violation and failure to correct
it. Existing law authorizes the a court
to relieve a tenant against the forfeiture of a lease or rental
agreement in case of hardship, and also grants a court the discretion
to relieve any person against forfeiture on its own motion.
This bill would require a court to relieve a tenant
against the forfeiture of a lease or rental agreement if the tenant
pays authorize a residential tenant who has
been served the 3 days' notice to redeem a tenancy and continue in
lawful possession by tendering to the owner or the owner's agent
the amount of rent in arrears, the amount of
any subsequent rent that has become due, and the reasonable
costs of the proceedings court costs and attorney's
fees incurred by the plaintiff in an unlawful detainer action as of
the date of tender, in accordance with specified procedures .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1178.5 is added to the
Code of Civil Procedure , to read:
1178.5. (a) A residential tenant who has been served a notice
under paragraph (2) of Section 1161 may redeem the tenancy and
continue in lawful possession by tendering to the owner or owner's
agent all of the following:
(1) The amount of the rent specified in the three days' notice to
be in arrears.
(2) Any subsequent rent that has become due under the lease or
rental agreement.
(3) Any reasonable court costs and attorney's fees incurred by the
plaintiff as of the date of tender, subject to the following
limitations:
(A) No payments are required if tender is made prior to the filing
of an unlawful detainer action.
(B) Reasonable attorney's fees shall not exceed three hundred
fifty dollars ($350) if tender is made prior to the commencement of
trial if the matter is contested, or at any time if the matter is
uncontested.
(b) Upon tender of the total amount specified in subdivision (a)
prior to the entry of judgment in an unlawful detainer action, the
plaintiff shall file a request for dismissal of the action. If the
amount has been tendered to, but not accepted by, the owner or owner'
s agent, the court shall, upon ex parte application, grant
conditional judgment for the tenant subject to the tenant's payment
of the amount due under subdivision (a).
(c) Upon tender of the total amount specified in subdivision (a)
after entry of judgment and before plaintiff's recovery of
possession, the court shall grant relief from forfeiture pursuant to
the procedures set forth in Section 1179 and restore the tenant to
possession.
(d) The right to redeem under this section is in addition to, and
does not limit, any right a tenant may have to seek discretionary
relief from forfeiture pursuant to Section 1179 or any other law.
(e) For purposes of this section, tender shall be by cashier's
check, money order, or other certified form of payment, except that
payment tendered on behalf of a tenant by a nonprofit organization or
governmental agency, where the entity states in writing that it
makes no claim to right of possession of the premises through the
payment of rent, shall be considered part of the tender under
subdivision (a) regardless of the form of that payment.
(f) A tenant may not exercise the right to redeem under this
section in response to an unlawful detainer action more than once in
any 12-month period.
SECTION 1. Section 1179 of the Code of Civil
Procedure is amended to read:
1179. (a) The court may relieve a tenant against a forfeiture of
a lease or rental agreement, whether written or oral, and whether or
not the tenancy has terminated, and restore the tenant to his or her
former estate or tenancy, in case of hardship, as provided in Section
1174. The court has the discretion to relieve any person against
forfeiture on its own motion.
(b) An application for relief against forfeiture may be made at
any time prior to restoration of the premises to the landlord. The
application may be made by a tenant or subtenant, or a mortgagee of
the term, or any person interested in the continuance of the term.
Notice shall be made upon petition, setting forth the facts upon
which the relief is sought, and shall be verified by the applicant.
Notice of the application, with a copy of the petition, shall be
served at least five days prior to the hearing on the plaintiff in
the judgment, who may appear and contest the application.
Alternatively, a person appearing without an attorney may make the
application orally, if the plaintiff either is present and has an
opportunity to contest the application, or has been given ex parte
notice of the hearing and the purpose of the oral application. In no
case shall the application or motion be granted except on condition
that full payment of rent due, or full performance of conditions or
covenants stipulated, so far as the same is practicable, be made.
(c) (1) In addition to any discretionary relief from forfeiture
available under this chapter, in cases of eviction for nonpayment of
rent of a residential tenant who is being evicted from his or her
principal place of residence, the court shall relieve the tenant
against a forfeiture of a lease or rental agreement, whether written
or oral, and whether or not the tenancy has terminated, and restore
the tenant to his or her former estate or tenancy, if the tenant pays
the following into the court for the landlord:
(A) The amount of rent in arrears, as specified in the three days'
written notice requiring payment of rent.
(B) Any subsequent rent that has become due.
(C) The reasonable costs of the proceedings.
(2) For purposes of this subdivision, "reasonable costs of the
proceedings" shall include reasonable attorney's fees. However,
attorney's fees shall not exceed three hundred fifty dollars ($350)
if the tenant has paid the amounts specified in this subdivision
prior to the commencement of trial.
(3) An application for relief under this subdivision may be made
at any time prior to the restoration of the premises to the landlord.
