BILL NUMBER: AB 1953 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 9, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 23, 2012
An act to amend Section 1962 of the Civil Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1953, as amended, Ammiano. Rental housing: tenant notice.
Existing law requires an owner of a dwelling structure, as
specified, or a party signing a rental agreement or lease on behalf
of the owner, or in the case of an oral rental agreement, the owner
or a person acting on behalf of the owner, as specified, to provide
specified information to a tenant, including, among other things, the
name, telephone number, and address of the person or entity to whom
rent payments shall be made. Existing law requires a successor owner
or manager to comply with these requirements within 15 days of
succeeding the previous owner or manager.
This bill would provide that prohibit
a successor owner or manager's failure to provide
notice of the name, telephone number, and address of the person or
entity to whom rent payments shall be made within 15 days of
succeeding the previous owner or manager waives any rent accrued
prior to giving that notice manager from evicting a
tenant for nonpayment of rent that accrued during the period of
noncompliance by a successor owner or manager with the
above-described information requirements. The bill would provide that
these provisions would not relieve the tenant of any liability for
unpaid rent .
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 1962 of the Civil Code is amended to read:
1962. (a) Any owner of a dwelling structure specified in Section
1961 or a party signing a rental agreement or lease on behalf of the
owner shall do all of the following:
(1) Disclose therein the name, telephone number, and usual street
address at which personal service may be effected of each person who
is:
(A) Authorized to manage the premises.
(B) An owner of the premises or a person who is authorized to act
for and on behalf of the owner for the purpose of service of process
and for the purpose of receiving and receipting for all notices and
demands.
(2) Disclose therein the name, telephone number, and address of
the person or entity to whom rent payments shall be made.
(A) If rent payments may be made personally, the usual days and
hours that the person will be available to receive the payments shall
also be disclosed.
(B) At the owner's option, the rental agreement or lease shall
instead disclose the number of either:
(i) The account in a financial institution into which rent
payments may be made, and the name and street address of the
institution; provided that the institution is located within five
miles of the rental property.
(ii) The information necessary to establish an electronic funds
transfer procedure for paying the rent.
(3) Disclose therein the form or forms in which rent payments are
to be made.
(4) Provide a copy of the rental agreement or lease to the tenant
within 15 days of its execution by the tenant. Once each calendar
year thereafter, upon request by the tenant, the owner or owner's
agent shall provide an additional copy to the tenant within 15 days.
If the owner or owner's agent does not possess the rental agreement
or lease or a copy of it, the owner or owner's agent shall instead
furnish the tenant with a written statement stating that fact and
containing the information required by paragraphs (1), (2), and (3).
(b) In the case of an oral rental agreement, the owner, or a
person acting on behalf of the owner for the receipt of rent or
otherwise, shall furnish the tenant, within 15 days of the agreement,
with a written statement containing the information required by
paragraphs (1), (2), and (3) of subdivision (a). Once each calendar
year thereafter, upon request by the tenant, the owner or owner's
agent shall provide an additional copy of the statement to the tenant
within 15 days.
(c) The information required by this section shall be kept current
and this section shall extend to and be enforceable against any
successor owner or manager, who shall comply with this section within
15 days of succeeding the previous owner or manager. A successor
owner or manager's failure to provide notice of the name,
telephone number, and address of the person or entity to whom rent
payments shall be made as required by paragraph (2) of subdivision
(a) within 15 days of succeeding the previous owner or manager waives
any rent accrued prior to giving that notice manager
shall not serve a notice pursuant to paragraph (2) of Section 1161 of
the Code of Civil Procedure or otherwise evict a tenant for
nonpayment of rent that accrued during the period of noncompliance by
a successor owner or manager with this subdivision. Nothing in this
subdivision shall relieve the tenant of any liability for unpaid rent
.
(d) A party who enters into a rental agreement on behalf of the
owner who fails to comply with this section is deemed an agent of
each person who is an owner:
(1) For the purpose of service of process and receiving and
receipting for notices and demands.
(2) For the purpose of performing the obligations of the owner
under law and under the rental agreement.
(3) For the purpose of receiving rental payments, which may be
made in cash, by check, by money order, or in any form previously
accepted by the owner or owner's agent, unless the form of payment
has been specified in the oral or written agreement, or the tenant
has been notified by the owner in writing that a particular form of
payment is unacceptable.
(e) Nothing in this section limits or excludes the liability of
any undisclosed owner.
(f) If the address provided by the owner does not allow for
personal delivery, then it shall be conclusively presumed that upon
the mailing of any rent or notice to the owner by the tenant to the
name and address provided, the notice or rent is deemed receivable by
the owner on the date posted, if the tenant can show proof of
mailing to the name and address provided by the owner.