BILL NUMBER: SB 1745	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Burton

                        FEBRUARY 23, 2000

   An act to amend Section 827 of the Civil Code, relating to leases.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1745, as introduced, Burton.  Leases.
   Existing law authorizes a landlord, upon giving written notice to
a tenant, to change the terms of a lease to take effect, with respect
to tenancies from month to month, after not less than 30 days, or,
with respect to tenancies of less than a month, to take effect upon
the expiration of a period that is at least as long as the term of
the hiring, as specified.
   This bill would make technical, nonsubstantive changes to that
provision. The bill would include a statement of legislative intent
to examine the problems encountered by landlords and tenants
regarding residential rent increases and tenant relocations and to
find solutions to those problems.
   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.  The Legislature finds and declares that, in many areas
of the state, residential rents are increasing rapidly, vacancy rates
for residential dwellings are extremely low, and, as a consequence,
it is difficult for tenants to relocate.  Therefore, it is the intent
of the Legislature to examine problems encountered by tenants and
owners and to find solutions to those problems.
  SEC. 2.  Section 827 of the Civil Code is amended to read:
   827.  In all leases of lands or tenements, or of any interest
therein, from week to week, month to month, or other period less than
a month, the landlord may, upon giving notice in writing to the
tenant, in the manner prescribed by Section 1162 of the Code of Civil
Procedure, change the terms of the lease to take effect, as to
tenancies for less than one month, upon the expiration of a period at
least as long as the term of the hiring itself, and, as to tenancies
from month to month, to take effect at the expiration of not less
than 30 days, but if  such   that  change
takes effect within a rental term, the rent accruing from the first
day of  such   the  term to the date of
 such   that  change shall be computed at
the rental rate which obtained immediately prior to  such
  that  change; provided, however, that it shall be
competent for the parties to provide by an agreement in writing that
a notice changing the terms thereof may be given at any time not
less than seven days before the expiration of a term, to be effective
upon the expiration of  such   that  term.

   The notice, when served upon the tenant, shall of itself operate
and be effectual to create and establish, as a part of the lease, the
terms, rents, and conditions specified in the notice, if the tenant
shall continue to hold the premises after  said 
 the  notice takes effect.