BILL NUMBER: SB 1745 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2000
AMENDED IN SENATE APRIL 26, 2000
INTRODUCED BY Senator Burton
(Principal coauthor: Senator Sher)
FEBRUARY 23, 2000
An act to amend, repeal, and add Section 827 of the Civil Code,
relating to landlord-tenant.
LEGISLATIVE COUNSEL'S DIGEST
SB 1745, as amended, Burton. 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
revise the procedure for providing that notice and require an
additional 30 days' notice for a proposed rent increase that is at
least 10% more than the current amount of rent charged to a tenant.
The bill would also provide that if a statute, ordinance, state or
federal regulation, recorded regulatory agreement, or contract
provides for a longer period of notice, the personal service or
mailing of the notice shall be in accordance with the longer period
.
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 827 of the Civil Code is amended to read:
827. (a) Except as provided in subdivision (b) , 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) (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) other period less than a month, the landlord
may increase the rent provided in the lease or rental agreement, upon
giving written notice to the tenant, as follows, by either of the
following procedures:
(A) By delivering a copy to the tenant personally.
(B) By serving a copy by mail under the procedures prescribed in
Section 1013 of the Code of Civil Procedure.
(2) If the proposed rent increase for that tenant is less than 10
percent of the current rental amount charged to that tenant at any
time during the 12 months prior to the effective date of the
increase, the notice shall be delivered at least 30 days prior to the
effective date of the increase, subject to Section 1013 of the Code
of Civil Procedure.
(3) For an increase in rent greater than the amount described in
paragraph (2), the minimum notice period required pursuant to that
paragraph shall be increased by an additional 30 days.
(c) If a statute, ordinance, state or federal regulation, recorded
regulatory agreement, or contract provides for a longer period of
notice regarding a rent increase than that provided in subdivision
(a) or (b), the personal service or mailing of the notice shall be in
accordance with the longer period.
(d) 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 was
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.