Amended
IN
Assembly
May 07, 2018 |
Amended
IN
Assembly
March 22, 2018 |
Assembly Bill | No. 2847 |
Introduced by Assembly Member Rubio |
February 16, 2018 |
(a)Except as specified in subdivision (b), if a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from the lessee, the parties are presumed to have renewed the hiring on the same terms and for the same time, not exceeding one month when the rent is payable monthly, nor in any case one year.
(b)If a lessee of commercial real property remains in possession thereof after the expiration of the hiring, the lessor’s acceptance of rent from the lessee does not renew the hiring but instead only mitigates any damage that the lessor may incur by reason of the lessee’s failure to leave on time. For purposes of this section, “commercial real property” has the same meaning as that term is defined in subdivision (d) of Section 1954.26.
Notice of Belief of Abandonment | |
To:
_____
(Name of lessee/tenant)
_____
_____
(Address of lessee/tenant)
_____
| |
This notice is given pursuant to Section 1951.3 of the Civil Code concerning the real property leased by you at ________ (state location of the property by address or other sufficient description). The rent on this property has been due and unpaid for 14 consecutive days and the lessor/landlord believes that you have abandoned the property. The real property will be deemed abandoned
within the meaning of Section 1951.2 of the Civil Code and your lease will terminate on ________ (here insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail) unless before that date the lessor/landlord receives at the address indicated below a written notice from you stating both of the following: (1) Your intent not to abandon the real property. (2) An address at which you may be served by certified mail in any action for unlawful detainer of the real property. You are required to pay the rent due and unpaid on this real property as required by the lease, and your failure to do so can lead to a court proceeding against
you. | |
Dated: _______
_____
(Signature of lessor/landlord) (Type or print name of lessor/landlord) (Address to which lessee/tenant is to send notice) |
Notice of Belief of Abandonment | |
To:
_____
(Name of lessee/tenant)
_____
_____
(Address of lessee/tenant)
_____
| |
This notice is given pursuant to Section 1951.35 of the Civil Code concerning the real property leased by you at ________ (state location of the property by address or other sufficient description). The rent on this property has been due and unpaid for the number of days necessary to declare a rent default under your lease and the lessor/landlord believes that you have abandoned the property. The real property will be deemed abandoned within the meaning of Section 1951.2 of the Civil Code
and your lease will terminate on ________ (here insert a date not less than 15 days after this notice is served personally, sent by overnight courier service, or deposited in the mail) unless before that date the lessor/landlord receives at the address below a written notice from you stating both of the following: (1) Your intent not to abandon the real property. (2) An address at which you may be served by certified mail in any action for unlawful detainer of the real property. You are required to pay the rent due and unpaid on this real property as required by the lease, and your failure to do so can lead to a court proceeding against you. | |
Dated: _______
_____
(Signature of lessor/landlord) (Type or print name of lessor/landlord) (Address to which lessee/tenant is to send notice) |