BILL NUMBER: SB 1745 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 26, 2000
INTRODUCED BY Senator Burton
FEBRUARY 23, 2000
An act to amend , repeal, and add Section 827 of the
Civil Code, relating to leases
landlord-tenant .
LEGISLATIVE COUNSEL'S DIGEST
SB 1745, as amended, Burton. Leases
Landlord-tenant .
Existing law, with certain exceptions, requires 30 days' notice
for a change in the terms of, or termination of, a month-to-month
tenancy.
This bill would enact provisions operative only until January 1,
2006, that would permit a tenant in a residential dwelling, upon less
than 60 days' notice from the landlord of an increase in rent, to
provide written notification to the landlord of the tenant's
intention to terminate the tenancy. Under those circumstances, the
tenancy would terminate 30 days from the date of the proposed rent
increase. The rent during the period from the effective date of the
increase to the date of termination would be the same as the rent in
effect prior to the effective date of the increase. The bill would
specify an exception to these provisions for certain dwellings
subsidized for the benefit of low-income tenants and for specified
rental units subject to rent control or rent stabilization.
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,
Section 827 of the Civil Code is amended to read:
827. In (a) Except as provided in
subdivision (b) 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 the 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.
(b) (1) In all leases of a residential dwelling, or of any
interest therein, from week to week, month to month, or other period
less than a month, after notice of less than 60 days from a landlord
changing the terms of the tenancy to increase the rent of the lease
or rental agreement, the tenant may, prior to the date on which the
rent increase would take effect, give the landlord written notice of
the tenant's intent to terminate the tenancy. If the tenant gives
the landlord written notice of termination of tenancy, the tenancy
shall terminate upon the expiration of 30 days after the proposed
effective date of the rent increase. A landlord may allow the tenant
to terminate a month-to-month tenancy on a date later than 30 days
after the proposed effective date of the rent increase; however, the
tenant may not extend the date of the termination of tenancy beyond
30 days after the proposed effective date of the rent increase. A
notice of increased rent required pursuant to subdivision (a) shall
contain language clearly describing the tenant's right to terminate
the tenancy, as provided in this subdivision.
(2) If the tenant terminates the tenancy as provided in paragraph
(1), the amount of the rent from the effective date of the rent
increase to the date of the termination of tenancy shall be the same
as the rent prior to the effective date of the rent increase.
(3) If a tenant gives notice of termination as provided in
paragraph (1) and the tenant continues to hold the premises after the
termination date, the rent increase shall be effective upon the date
set forth in the landlord's notice. This paragraph shall not be
construed to authorize the tenant to continue in possession after the
termination date provided in a tenant's notice.
(4) This subdivision is not applicable to a residential dwelling
which is subsidized pursuant to any state or federal program for the
benefit of low-income tenants, including, but not limited to, a
facility subsidized by the federal Department of Housing and Urban
Development, that restricts increases in rent based on operating cost
increases.
(5) This subdivision shall not apply to the annual general
adjustments approved by local rent boards for rental units subject to
a system of controls on the price at which the units may be offered
for rent, or controls on the adjustment of the rent level.
(c) This section shall be operative only until January 1, 2006,
and as of that date is repealed, unless a later enacted statute,
which is enacted on or before January 1, 2006, deletes or extends
that date.
SEC. 2. Section 827 is added to the Civil Code, to read:
827. (a) 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 that change takes effect within a rental term,
the rent accruing from the first day of the term to the date of that
change shall be computed at the rental rate which obtained
immediately prior to 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 the 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 the notice takes effect.
(b) This section shall become operative on January 1, 2006.
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 that change takes effect within a rental term,
the rent accruing from the first day of the term to the date of that
change shall be computed at the rental rate which obtained
immediately prior to 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 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 the notice takes effect.