Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 418


Introduced by Assembly Member Chiu

begin insert

(Principal coauthor: Senator Leno)

end insert

February 19, 2015


An act tobegin delete amend Section 1950.5 of, and toend delete amend and repeal Section 1946.7begin delete of,end deletebegin insert ofend insert the Civil Code, relating to tenancy.

LEGISLATIVE COUNSEL’S DIGEST

AB 418, as amended, Chiu. Tenancy: termination: victims of violent crime.

(1) Existing law, until January 1, 2016, 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 or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.

This bill wouldbegin insert extend these provisions indefinitely and wouldend insert reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.begin delete The bill would reduce the time that the landlord has to return the tenant’s security deposit from 21 days to 14 days and would eliminate certain requirements regarding postvacancy inspections by the landlord when the tenant vacates the premises under these provisions. This bill would extend these provisions indefinitely.end delete

(2) Existing law specifies the conditions required for a landlord to retain some or all of a tenant’s security deposit, based on specified criteria and authorizes thebegin delete tenant to request an inspection of the premises by the landlord and to be present during the inspection used to assess whether some or all of the security deposit will be retained.end deletebegin insert use of the security deposit to compensate a landlord for a tenant’s default in the payment of rent.end insert

This bill wouldbegin delete make these inspection provisions inapplicable when the tenancy is terminated by a victim of crime under the above provisions and would make nonsubstantive, organizational changes to these security deposit provisions.end deletebegin insert provide that the termination of a tenancy by a victim of crime under the above described provisions does not constitute a default in the payment of rent.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1946.7 of the Civil Code, as amended
2by Section 1 of Chapter 130 of the Statutes of 2013, is amended
3to read:

4

1946.7.  

(a) A tenant may notify the landlord that he or she or
5a household member was a victim of an act that constitutes an act
6of domestic violence as defined in Section 6211 of the Family
7Code, sexual assault as defined in Section 261, 261.5, 262, 286,
8288a, or 289 of the Penal Code, stalking as defined in Section
91708.7, human trafficking as defined in Section 236.1 of the Penal
10Code, or abuse of an elder or a dependent adult as defined in
11Section 15610.07 of the Welfare and Institutions Code, and that
12the tenant intends to terminate the tenancy.

13(b) A notice to terminate a tenancy under this section shall be
14in writing, with one of the following attached to the notice:

15(1) A copy of a temporary restraining order, emergency
16protective order, or protective order lawfully issued pursuant to
17Part 3 (commencing with Section 6240) or Part 4 (commencing
18with Section 6300) of Division 10 of the Family Code, Section
19136.2 of the Penal Code, Section 527.6 of the Code of Civil
20Procedure, or Section 213.5 or 15657.03 of the Welfare and
P3    1Institutions Code that protects the tenant or household member
2from further domestic violence, sexual assault, stalking, human
3trafficking, or abuse of an elder or a dependent adult.

4(2) A copy of a written report by a peace officer employed by
5a state or local law enforcement agency acting in his or her official
6capacity stating that the tenant or household member has filed a
7report alleging that he or she or the household member is a victim
8of domestic violence, sexual assault, stalking, human trafficking,
9or abuse of an elder or a dependent adult.

10(3) (A) Documentation from a qualified third party based on
11information received by that third party while acting in his or her
12professional capacity to indicate that the tenant or household
13member is seeking assistance for physical or mental injuries or
14abuse resulting from an act of domestic violence, sexual assault,
15stalking, human trafficking, elder abuse, or dependent adult abuse.

16(B) The documentation shall contain, in substantially the same
17form, the following:


18

 

Tenant Statement and Qualified Third Party Statement
under Civil Code Section 1946.7

 

Part I. Statement By Tenant

I, [insert name of tenant], state as follows:

I, or a member of my household, have been a victim of:

[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.]

The most recent incident(s) happened on or about:

[insert date or dates.]

The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide:

[if known and safe to provide, insert name(s) and physical description(s).]


(signature of tenant)  
    
(date)     

 

Part II. Qualified Third Party Statement

 

I, [insert name of qualified third party], state as follows:

My business address and phone number are:

[insert business address and phone number.]

Check and complete one of the following:

____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code.

____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section.

____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code.

____I am licensed by the State of California as a:

[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is:

[insert name of state licensing entity and license number.]

The person who signed the Statement By Tenant above stated to me that he or she, or a member of his or her household, is a victim of:

[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse.]

The person further stated to me the incident(s) occurred on or about the date(s) stated above.

I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord.


(signature of qualified third party)

(date)

  
P5    4

 

5(C) The documentation may be signed by a person who meets
6the requirements for a sexual assault counselor, domestic violence
7counselor, or a human trafficking caseworker only if the
8documentation displays the letterhead of the office, hospital,
9institution, center, or organization, as appropriate, that engages or
10employs, whether financially compensated or not, this counselor
11or caseworker.

12(c) The notice to terminate the tenancy shall be given within
13180 days of the date that any order described in paragraph (1) of
14subdivision (b) was issued, within 180 days of the date that any
15written report described in paragraph (2) of subdivision (b) was
16made, or within the time period described in Section 1946.

17(d) begin insert(1)end insertbegin insertend insert If notice to terminate the tenancy is provided to the
18landlord under this section, the tenant shall be responsible for
19payment of rent for no more than 14 calendar days following the
20giving of the notice, or for any shorter appropriate period as
21described in Section 1946 or thebegin insert lease orend insert rental agreement. The
22tenant shall be released from any rent payment obligation under
23thebegin insert lease orend insert rental agreement without penalty. If the premises are
24relet to another party prior to the end of the obligation to pay rent,
25the rent owed under this subdivision shall be prorated.

begin insert

26(2) A tenancy terminated pursuant to this section shall not
27constitute a default in the payment of rent by the tenant. No
28deduction may be made pursuant to paragraph (1) of subdivision
29(b) of Section 1950.5 by reason of termination under this section.
30Section 1950.5 shall otherwise apply when a tenancy is terminated
31pursuant to this section.

end insert
begin delete

32(e) Existing law governing the security deposit shall apply,
33subject to the following:

end delete
begin delete

34(1) Notwithstanding the 21-day time limit provided in
35subdivision (g) of Section 1950.5, the statement and return of the
36security as provided in that subdivision shall be furnished and
37returned not later than 14 calendar days after the tenant vacated
38the premises pursuant to a notice given under this section.

end delete
begin delete

39(2) Subdivision (f) of Section 1950.5 shall not apply if a tenant
40gives notice under this section.

end delete
begin delete

P6    1(f)

end delete

2begin insert(e)end insert Nothing in this section relieves a tenant, other than the tenant
3who is, or who has a household member who is, a victim of
4domestic violence, sexual assault, stalking, human trafficking, or
5abuse of an elder or a dependent adult and members of that tenant’s
6household, from their obligations under thebegin insert lease orend insert rental
7agreement.

begin delete

8(g)

end delete

9begin insert(f)end insert (1) “Household member,” as used in this section, means a
10member of the tenant’s family who lives in the same household
11as the tenant.

12(2) “Qualified third party,” as used in this section, means a
13health practitioner, domestic violence counselor, as defined in
14Section 1037.1 of the Evidence Code, a sexual assault counselor,
15as defined in Section 1035.2 of the Evidence Code, or a human
16trafficking caseworker, as defined in Section 1038.2 of the
17Evidence Code.

18(3) “Health practitioner,” as used in this section, means a
19physician and surgeon, osteopathic physician and surgeon,
20psychiatrist, psychologist, registered nurse, licensed clinical social
21worker, licensed marriage and family therapist, or licensed
22professional clinical counselor.

23(h) (1) A landlord shall not disclose any information provided
24by a tenant under this section to a third party unless the disclosure
25satisfies any one of the following:

26(A) The tenant consents in writing to the disclosure.

27(B) The disclosure is required by law or order of the court.

28(2) A landlord’s communication to a qualified third party who
29provides documentation under paragraph (3) of subdivision (b) to
30verify the contents of that documentation is not disclosure for
31purposes of this subdivision.

32

SEC. 2.  

Section 1946.7 of the Civil Code, as added by Section
332 of Chapter 130 of the Statutes of 2013, is repealed.

begin delete
34

SEC. 3.  

Section 1950.5 of the Civil Code is amended to read:

35

1950.5.  

(a) This section applies to security for a rental
36agreement for residential property that is used as the dwelling of
37the tenant.

38(b) As used in this section, “security” means any payment, fee,
39deposit, or charge, including, but not limited to, any payment, fee,
40deposit, or charge, except as provided in Section 1950.6, that is
P7    1imposed at the beginning of the tenancy to be used to reimburse
2the landlord for costs associated with processing a new tenant or
3that is imposed as an advance payment of rent, used or to be used
4for any purpose, including, but not limited to, any of the following:

5(1) The compensation of a landlord for a tenant’s default in the
6payment of rent.

7(2) The repair of damages to the premises, exclusive of ordinary
8wear and tear, caused by the tenant or by a guest or licensee of the
9tenant.

10(3) The cleaning of the premises upon termination of the tenancy
11necessary to return the unit to the same level of cleanliness it was
12in at the inception of the tenancy. The amendments to this
13paragraph enacted by the act adding this sentence shall apply only
14to tenancies for which the tenant’s right to occupy begins after
15January 1, 2003.

16(4) To remedy future defaults by the tenant in any obligation
17under the rental agreement to restore, replace, or return personal
18property or appurtenances, exclusive of ordinary wear and tear, if
19the security deposit is authorized to be applied thereto by the rental
20agreement.

21(c) A landlord may not demand or receive security, however
22denominated, in an amount or value in excess of an amount equal
23to two months’ rent, in the case of unfurnished residential property,
24and an amount equal to three months’ rent, in the case of furnished
25residential property, in addition to any rent for the first month paid
26on or before initial occupancy.

27This subdivision does not prohibit an advance payment of not
28less than six months’ rent if the term of the lease is six months or
29longer.

30This subdivision does not preclude a landlord and a tenant from
31entering into a mutual agreement for the landlord, at the request
32of the tenant and for a specified fee or charge, to make structural,
33decorative, furnishing, or other similar alterations, if the alterations
34are other than cleaning or repairing for which the landlord may
35charge the previous tenant as provided by subdivision (e).

36(d) Any security shall be held by the landlord for the tenant who
37is party to the lease or agreement. The claim of a tenant to the
38security shall be prior to the claim of any creditor of the landlord.

39(e) The landlord may claim of the security only those amounts
40as are reasonably necessary for the purposes specified in
P8    1subdivision (b). The landlord may not assert a claim against the
2tenant or the security for damages to the premises or any defective
3conditions that preexisted the tenancy, for ordinary wear and tear
4or the effects thereof, whether the wear and tear preexisted the
5tenancy or occurred during the tenancy, or for the cumulative
6effects of ordinary wear and tear occurring during any one or more
7tenancies.

8(f) (1) Within a reasonable time after notification of either
9party’s intention to terminate the tenancy, or before the end of the
10lease term, the landlord shall notify the tenant in writing of his or
11her option to request an initial inspection and of his or her right to
12be present at the inspection. The requirements of this subdivision
13do not apply when the tenancy is terminated pursuant to subdivision
14(2), (3), or (4) of Section 1161 of the Code of Civil Procedure or
15Section 1946.7 of this code. At a reasonable time, but no earlier
16than two weeks before the termination or the end of lease date, the
17landlord, or an agent of the landlord, shall, upon the request of the
18tenant, make an initial inspection of the premises prior to any final
19inspection the landlord makes after the tenant has vacated the
20premises. The purpose of the initial inspection shall be to allow
21the tenant an opportunity to remedy identified deficiencies, in a
22manner consistent with the rights and obligations of the parties
23under the rental agreement, in order to avoid deductions from the
24security. If a tenant chooses not to request an initial inspection,
25the duties of the landlord under this subdivision are discharged. If
26an inspection is requested, the parties shall attempt to schedule the
27inspection at a mutually acceptable date and time. The landlord
28shall give at least 48 hours’ prior written notice of the date and
29time of the inspection if either a mutual time is agreed upon, or if
30a mutually agreed time cannot be scheduled but the tenant still
31wishes an inspection. The tenant and landlord may agree to forgo
32the 48-hour prior written notice by both signing a written waiver.
33The landlord shall proceed with the inspection whether the tenant
34is present or not, unless the tenant previously withdrew his or her
35request for the inspection. Written notice by the landlord shall
36contain, in substantially the same form, the following:


38“State law permits former tenants to reclaim abandoned personal
39property left at the former address of the tenant, subject to certain
40conditions. You may or may not be able to reclaim property without
P9    1incurring additional costs, depending on the cost of storing the
2property and the length of time before it is reclaimed. In general,
3these costs will be lower the sooner you contact your former
4landlord after being notified that property belonging to you was
5left behind after you moved out.”
6


7(2) Based on the inspection, the landlord shall give the tenant
8an itemized statement specifying repairs or cleanings that are
9proposed to be the basis of any deductions from the security the
10landlord intends to make pursuant to paragraphs (1) to (4),
11inclusive, of subdivision (b). This statement shall also include the
12texts of paragraphs (1) to (4), inclusive, of subdivision (b). The
13statement shall be given to the tenant, if the tenant is present for
14the inspection, or shall be left inside the premises.

15(3) The tenant shall have the opportunity during the period
16following the initial inspection until termination of the tenancy to
17remedy identified deficiencies, in a manner consistent with the
18rights and obligations of the parties under the rental agreement, in
19order to avoid deductions from the security.

20(4) Nothing in this subdivision shall prevent a landlord from
21using the security for deductions itemized in the statement provided
22for in paragraph (2) that were not cured by the tenant so long as
23the deductions are for damages authorized by this section.

24(5) Nothing in this subdivision shall prevent a landlord from
25using the security for any purpose specified in paragraphs (1) to
26(4), inclusive, of subdivision (b) that occurs between completion
27of the initial inspection and termination of the tenancy or was not
28identified during the initial inspection due to the presence of a
29tenant’s possessions.

30(g) (1) (A) The landlord shall furnish the tenant, by personal
31delivery or by first-class mail, postage prepaid, a copy of an
32itemized statement indicating the basis for, and the amount of, any
33security received and the disposition of the security, and shall
34return any remaining portion of the security to the tenant within
35both of the following time constraints:

36(i) No later than 21 calendar days after the tenant has vacated
37the premises, or, for a vacancy pursuant to Section 1946.7, not
38later than 14 calendar days after the tenant has vacated the
39premises.

P10   1(ii) Not earlier than the time that either the landlord or the tenant
2provides a notice to terminate the tenancy under Section 1946 or
31946.1 of this code or Section 1161 of the Code of Civil Procedure,
4or not earlier than 60 calendar days prior to the expiration of a
5fixed-term lease.

6(B) After either the landlord or the tenant provides notice to
7terminate the tenancy, the landlord and tenant may mutually agree
8to do either of the following:

9(i) Have the landlord deposit any remaining portion of the
10security deposit electronically to a bank account or other financial
11institution designated by the tenant.

12(ii) Have the landlord provide a copy of the itemized statement
13along with the copies required by paragraph (2) to an email account
14provided by the tenant.

15(2) Along with the itemized statement, the landlord shall also
16include copies of documents showing charges incurred and
17deducted by the landlord to repair or clean the premises, as follows:

18(A) If the landlord or landlord’s employee did the work, the
19itemized statement shall reasonably describe the work performed.
20The itemized statement shall include the time spent and the
21reasonable hourly rate charged.

22(B) If the landlord or landlord’s employee did not do the work,
23the landlord shall provide the tenant a copy of the bill, invoice, or
24receipt supplied by the person or entity performing the work. The
25itemized statement shall provide the tenant with the name, address,
26and telephone number of the person or entity, if the bill, invoice,
27or receipt does not include that information.

28(C) If a deduction is made for materials or supplies, the landlord
29shall provide a copy of the bill, invoice, or receipt. If a particular
30material or supply item is purchased by the landlord on an ongoing
31basis, the landlord may document the cost of the item by providing
32a copy of a bill, invoice, receipt, vendor price list, or other vendor
33document that reasonably documents the cost of the item used in
34the repair or cleaning of the unit.

35(3) If a repair to be done by the landlord or the landlord’s
36employee cannot reasonably be completed within 21 calendar days
37after the tenant has vacated the premises, or if the documents from
38a person or entity providing services, materials, or supplies are not
39in the landlord’s possession within 21 calendar days after the tenant
40has vacated the premises, the landlord may deduct the amount of
P11   1a good faith estimate of the charges that will be incurred and
2provide that estimate with the itemized statement. If the reason for
3the estimate is because the documents from a person or entity
4providing services, materials, or supplies are not in the landlord’s
5possession, the itemized statement shall include the name, address,
6and telephone number of the person or entity. Within 14 calendar
7days of completing the repair or receiving the documentation, the
8landlord shall complete the requirements in paragraphs (1) and (2)
9in the manner specified.

10(4) The landlord need not comply with paragraph (2) or (3) if
11either of the following applies:

12(A) The deductions for repairs and cleaning together do not
13exceed one hundred twenty-five dollars ($125).

14(B) The tenant waived the rights specified in paragraphs (2) and
15(3). The waiver shall only be effective if it is signed by the tenant
16at the same time or after a notice to terminate a tenancy under
17Section 1946 or 1946.1 has been given, a notice under Section
181161 of the Code of Civil Procedure has been given, or no earlier
19than 60 calendar days prior to the expiration of a fixed-term lease.
20The waiver shall substantially include the text of paragraph (2).

21(5) Notwithstanding paragraph (4), the landlord shall comply
22with paragraphs (2) and (3) when a tenant makes a request for
23documentation within 14 calendar days after receiving the itemized
24statement specified in paragraph (1). The landlord shall comply
25within 14 calendar days after receiving the request from the tenant.

26(6) Any mailings to the tenant pursuant to this subdivision shall
27be sent to the address provided by the tenant. If the tenant does
28not provide an address, mailings pursuant to this subdivision shall
29be sent to the unit that has been vacated.

30(h) Upon termination of the landlord’s interest in the premises,
31whether by sale, assignment, death, appointment of receiver, or
32otherwise, the landlord or the landlord’s agent shall, within a
33reasonable time, do one of the following acts, either of which shall
34relieve the landlord of further liability with respect to the security
35held:

36(1) Transfer the portion of the security remaining after any
37lawful deductions made under subdivision (e) to the landlord’s
38successor in interest. The landlord shall thereafter notify the tenant
39by personal delivery or by first-class mail, postage prepaid, of the
40transfer, of any claims made against the security, of the amount
P12   1of the security deposited, and of the names of the successors in
2interest, their addresses, and their telephone numbers. If the notice
3to the tenant is made by personal delivery, the tenant shall
4acknowledge receipt of the notice and sign his or her name on the
5landlord’s copy of the notice.

6(2) Return the portion of the security remaining after any lawful
7deductions made under subdivision (e) to the tenant, together with
8an accounting as provided in subdivision (g).

9(i) Prior to the voluntary transfer of a landlord’s interest in the
10premises, the landlord shall deliver to the landlord’s successor in
11interest a written statement indicating the following:

12(1) The security remaining after any lawful deductions are made.

13(2) An itemization of any lawful deductions from any security
14received.

15(3) His or her election under paragraph (1) or (2) of subdivision
16(h).

17This subdivision does not affect the validity of title to the real
18property transferred in violation of this subdivision.

19(j) (1) In the event of noncompliance with subdivision (h), the
20landlord’s successors in interest shall be jointly and severally liable
21with the landlord for repayment of the security, or that portion
22thereof to which the tenant is entitled, when and as provided in
23subdivisions (e) and (g). A successor in interest of a landlord may
24not require the tenant to post any security to replace that amount
25not transferred to the tenant or successors in interest as provided
26in subdivision (h), unless and until the successor in interest first
27makes restitution of the initial security as provided in paragraph
28(2) of subdivision (h) or provides the tenant with an accounting as
29provided in subdivision (g).

30(2) This subdivision does not preclude a successor in interest
31from recovering from the tenant compensatory damages that are
32in excess of the security received from the landlord previously
33paid by the tenant to the landlord.

34(3) Notwithstanding this subdivision, if, upon inquiry and
35reasonable investigation, a landlord’s successor in interest has a
36good faith belief that the lawfully remaining security deposit is
37transferred to him or her or returned to the tenant pursuant to
38subdivision (h), he or she is not liable for damages as provided in
39subdivision (l), or any security not transferred pursuant to
40subdivision (h).

P13   1(k) Upon receipt of any portion of the security under paragraph
2(1) of subdivision (h), the landlord’s successors in interest shall
3have all of the rights and obligations of a landlord holding the
4security with respect to the security.

5(l) The bad faith claim or retention by a landlord or the
6landlord’s successors in interest of the security or any portion
7thereof in violation of this section, or the bad faith demand of
8replacement security in violation of subdivision (j), may subject
9the landlord or the landlord’s successors in interest to statutory
10damages of up to twice the amount of the security, in addition to
11actual damages. The court may award damages for bad faith
12whenever the facts warrant that award, regardless of whether the
13injured party has specifically requested relief. In an action under
14this section, the landlord or the landlord’s successors in interest
15shall have the burden of proof as to the reasonableness of the
16amounts claimed or the authority pursuant to this section to demand
17additional security deposits.

18(m) No lease or rental agreement may contain a provision
19characterizing any security as “nonrefundable.”

20(n) An action under this section may be maintained in small
21claims court if the damages claimed, whether actual, statutory, or
22both, are within the jurisdictional amount allowed by Section
23116.220 or 116.221 of the Code of Civil Procedure.

24(o) Proof of the existence of and the amount of a security deposit
25may be established by any credible evidence, including, but not
26limited to, a canceled check, a receipt, a lease indicating the
27requirement of a deposit as well as the amount, prior consistent
28statements or actions of the landlord or tenant, or a statement under
29penalty of perjury that satisfies the credibility requirements set
30forth in Section 780 of the Evidence Code.

31(p) The amendments to this section made during the 1985
32portion of the 1985-86 Regular Session of the Legislature that are
33set forth in subdivision (e) are declaratory of existing law.

34(q) The amendments to this section made during the 2003
35portion of the 2003-04 Regular Session of the Legislature that are
36set forth in paragraph (1) of subdivision (f) are declaratory of
37existing law.

end delete


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