BILL NUMBER: SB 426	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Calderon

                        FEBRUARY 16, 2011

   An act to amend Section 1161.5 of the Code of Civil Procedure,
relating to tenancy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 426, as introduced, Calderon. Tenancy: eviction: notices.
   Existing law regulates evictions and provides that a tenant who
remains in possession of a property after the term of his or her
lease expires, or who fails to pay rent, is guilty of unlawful
detainer. Existing law requires specified notices to be provided to
tenants, as prescribed, and permits a landlord to include in the
notice a provision stating that the landlord may elect to declare the
lease forfeit, and this declaration may be nullified if the tenant
performs within 3 days after service of the notice.
   This bill would make a technical nonsubstantive, change to these
provisions.
   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 1161.5 of the Code of Civil Procedure is
amended to read:
   1161.5.   When   If  the notice required
by Section 1161 states that the lessor or the landlord may elect to
declare the forfeiture of the lease or rental agreement, that
declaration shall be nullified and the lease or rental agreement
shall remain in effect if the lessee or tenant performs within three
days after service of the notice or if the breach is waived by the
lessor or the landlord after service of the notice.