BILL NUMBER: SB 1191	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Simitian

                        FEBRUARY 22, 2012

   An act to add Section 2924.9 to the Civil Code, relating to
landlord-tenant relations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1191, as introduced, Simitian. Landlord-tenant relations:
disclosure of notice of sale.
   Existing law generally regulates the hiring of real property,
including, among other things, specifying certain obligations imposed
on landlords and obligations imposed on tenants. Existing law, until
January 1, 2013, requires a resident of property upon which a notice
of sale has been posted to be provided a specified notice advising
the resident that, among other things, if the person is renting the
property, the new property owner may either give the tenant a new
lease or rental agreement, or provide the tenant with a 60-day
eviction notice, and that other laws may prohibit the eviction or
provide the tenant with a longer notice before eviction.
   This bill would require every landlord who is in default under a
mortgage or deed of trust and who has received a notice of sale from
the mortgagee, trustee, or other person authorized to take the sale
to disclose the notice of sale to any prospective tenant prior to
executing a lease agreement for the property to be sold. The bill
would also provide that a violation of those provisions would
invalidate the lease and entitle the tenant to recovery of all rent
paid under the lease.
   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 2924.9 is added to the Civil Code, to read:
   2924.9.  (a) Every landlord who is in default under a mortgage or
deed of trust and who has received a notice of sale from the
mortgagee, trustee, or other person authorized to take the sale shall
disclose the notice of sale to any prospective tenant prior to
executing a lease agreement for the property to be sold.
   (b) A violation of subdivision (a) shall invalidate the lease and
shall entitle the tenant to recovery of all rent paid under the
lease.