BILL NUMBER: SB 115	CHAPTERED  06/28/04

	CHAPTER  76
	FILED WITH SECRETARY OF STATE  JUNE 28, 2004
	APPROVED BY GOVERNOR  JUNE 25, 2004
	PASSED THE SENATE  JUNE 17, 2004
	PASSED THE ASSEMBLY  JUNE 14, 2004
	AMENDED IN ASSEMBLY  JUNE 8, 2004
	AMENDED IN ASSEMBLY  MAY 27, 2004
	AMENDED IN SENATE  JANUARY 15, 2004
	AMENDED IN SENATE  JANUARY 5, 2004

INTRODUCED BY   Senator Torlakson

                        FEBRUARY 3, 2003

   An act to add Section 1947.3 to the Civil Code, relating to
landlord and tenant.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 115, Torlakson.  Landlord and tenant:  payments.
   Existing law regulates the relationship between landlord and
tenant and the terms and conditions of tenancies.  Existing law
requires a tenant to pay rent as it successively becomes due.
   This bill would prohibit a landlord or a landlord's agent from
requiring cash as the exclusive payment of rent or deposit of
security, except in circumstances following a tenant's failure to pay
rent with a valid financial instrument, as specified.  The bill
would specify that, for the purposes of these provisions, the
issuance of a money order or a cashier's check is direct evidence
only that the instrument was issued.  The bill would provide that a
waiver of these provisions is contrary to public policy, void, and
unenforceable.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1947.3 is added to the Civil Code, to read:
   1947.3.  (a) (1) Except as provided in paragraph (2), a landlord
or a landlord's agent may not demand or require cash as the exclusive
form of payment of rent or deposit of security.
   (2) A landlord or a landlord's agent may demand or require cash as
the exclusive form of payment of rent or deposit of security if the
tenant has previously attempted to pay the landlord or landlord's
agent with a check drawn on insufficient funds or the tenant has
instructed the drawee to stop payment on a check, draft, or order for
the payment of money.  The landlord may demand or require cash as
the exclusive form of payment only for a period not exceeding three
months following an attempt to pay with a check on insufficient funds
or following a tenant's instruction to stop payment.  If the
landlord chooses to demand or require cash payment under these
circumstances, the landlord shall give the tenant a written notice
stating that the payment instrument was dishonored and informing the
tenant that the tenant shall pay in cash for a period determined by
the landlord, not to exceed three months, and attach a copy of the
dishonored instrument to the notice.  The notice shall comply with
Section 827 if demanding or requiring payment in cash constitutes a
change in the terms of the lease.
   (3) Paragraph (2) does not enlarge or diminish a landlord's or
landlord's agent's legal right to terminate a tenancy.
   (b) For the purposes of this section, the issuance of a money
order or a cashier's check is direct evidence only that the
instrument was issued.
   (c) A waiver of the provisions of this section is contrary to
public policy, and is void and unenforceable.