BILL NUMBER: AB 588	CHAPTERED
	BILL TEXT

	CHAPTER  76
	FILED WITH SECRETARY OF STATE  JULY 12, 2011
	APPROVED BY GOVERNOR  JULY 11, 2011
	PASSED THE SENATE  JUNE 27, 2011
	PASSED THE ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member V. Manuel Pérez

                        FEBRUARY 16, 2011

   An act to amend Section 1946.7 of the Civil Code, relating to
tenancy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 588, V. Manuel Pérez. Tenancy: victims of domestic violence.
   Existing law authorizes a tenant to notify the landlord in writing
that he or she or a household member, as defined, was a victim of an
act of domestic violence and intends to terminate the tenancy, and
requires that the tenant attach a copy of a temporary restraining
order, emergency protective order, or a report by a peace officer to
the notice. Existing law permits the tenant to quit the premises
after notification and limits the tenant's obligation for payment of
rent, as specified. Existing law requires the notice to terminate the
tenancy to be given within 60 days of the date the order was issued
or the report was made, or as specified.
   This bill instead would require that the notice to terminate the
tenancy be given within 180 days of the date the order was issued or
the report was made, or as specified. The bill would also make
nonsubstantive, technical corrections.



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

  SECTION 1.  Section 1946.7 of the Civil Code is amended to read:
   1946.7.  (a) A tenant may notify the landlord that he or she or a
household member was a victim of an act that constitutes an act of
domestic violence as defined in Section 6211 of the Family Code,
sexual assault as defined in Sections 261, 261.5, 262, 286, 288a, or
289 of the Penal Code, or stalking as defined in Section 1708.7, and
that the tenant intends to terminate the tenancy.
   (b) A notice to terminate a tenancy under this section shall be in
writing, with one of the following attached to the notice:
   (1) A copy of a temporary restraining order or emergency
protective order lawfully issued pursuant to Part 3 (commencing with
Section 6240) or Part 4 (commencing with Section 6300) of Division 10
of the Family Code, Section 136.2 of the Penal Code, Section 527.6
of the Code of Civil Procedure, or Section 213.5 of the Welfare and
Institutions Code that protects the tenant or household member from
further domestic violence, sexual assault, or stalking.
   (2) A copy of a written report by a peace officer employed by a
state or local law enforcement agency acting in his or her official
capacity, stating that the tenant or household member has filed a
report alleging that he or she or the household member is a victim of
domestic violence, sexual assault, or stalking.
   (c) The notice to terminate the tenancy shall be given within 180
days of the date that any order described in paragraph (1) of
subdivision (b) was issued, within 180 days of the date that any
written report described in paragraph (2) of subdivision (b) was
made, or within the time period described in Section 1946.
   (d) If notice to terminate the tenancy is provided to the landlord
under this section, the tenant shall be responsible for payment of
rent for 30 days following the giving of the notice, or within the
appropriate period as described in Section 1946, and thereafter shall
be released from any rent payment obligation under the rental
agreement without penalty. Existing law governing the security
deposit shall apply.
   (e) If within the 30 days following the giving of the notice under
this section the tenant quits the premises and the premises are
rented to another party, the rent due on the premises for that 30-day
period shall be prorated. Existing law governing the security
deposit shall apply.
   (f) Nothing in this section relieves a tenant, other than the
tenant who is, or who has a household member who is, a victim of
domestic violence, sexual assault, or stalking and members of that
tenant's household, from their obligations under the rental
agreement.
   (g) "Household member" as used in this section means a member of
the tenant's family who lives in the same household as the tenant.