TITLE 5. HIRING [1925. - 1997.270.]
Title 5 enacted 1872.
§§ 1925–1997.270 · 237 sections
CHAPTER 1. Hiring in General §§ 1925–1938 · 13 sections
- § 1925 Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return…
- § 1926 The products of a thing hired, during the hiring, belong to the hirer.
- § 1927 An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all…
- § 1928 The hirer of a thing must use ordinary care for its preservation in safety and in good condition.
- § 1929 The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care.
- § 1930 When a thing is let for a particular purpose the hirer must not use it for any other purpose; and if he does, he is liable to the letter for all damages…
- § 1931 The letter of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon: 1. When the hirer uses or permits a use of the…
- § 1932 The hirer of a thing may terminate the hiring before the end of the term agreed upon: 1. When the letter does not, within a reasonable time after request,…
- § 1933 The hiring of a thing terminates: 1. At the end of the term agreed upon; 2. By the mutual consent of the parties; 3. By the hirer acquiring a title to the…
- § 1934 If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract.…
- § 1934.5 Notwithstanding the provisions of Section 1934, the hiring of accommodations from month to month in a nursing or convalescent home shall be terminated by the…
- § 1935 When the hiring of a thing is terminated before the time originally agreed upon, the hirer must pay the due proportion of the hire for such use as he has…
- § 1938 (a) A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the subject…
CHAPTER 1.5. Rental Passenger Vehicle Transactions §§ 1939.01–1939.39 · 22 sections
- § 1939.01 For the purpose of this chapter, the following definitions shall apply: (a) “Rental company” means a person or entity in the business of renting passenger…
- § 1939.03 Except as limited by Section 1939.05, a rental company and a renter may agree that the renter will be responsible for no more than all of the following: (a)…
- § 1939.05 (a) The total amount of the renter’s liability to the rental company resulting from damage to the rented vehicle shall not exceed the sum of the following: (1)…
- § 1939.07 (a) A claim against a renter resulting from damage or loss, excluding loss of use, to a rental vehicle shall be reasonably and rationally related to the actual…
- § 1939.09 (a) (1) Except as provided in subdivision (b), a damage waiver shall provide or, if not expressly stated in writing, shall be deemed to provide that the renter…
- § 1939.13 (a) A rental company shall not require the purchase of a damage waiver, optional insurance, or another optional good or service. (b) A rental company shall not…
- § 1939.15 (a) In the absence of express permission granted by the renter subsequent to damage to, or loss of, the rented vehicle, a rental company shall not seek to…
- § 1939.17 A customer facility charge or alternative customer facility charge may be collected by a rental company pursuant to Section 50474.3 of the Government Code.
- § 1939.19 (a) When providing a quote, or imposing charges for a rental, the rental company or third party may separately state the rental rate, additional mandatory…
- § 1939.20 (a) A rental company is not in violation of paragraph (29) of subdivision (a) of Section 1770 for excluding from the advertised, displayed, or offered price of…
- § 1939.21 (a) For purposes of this section: (1) “Additional charges” means charges other than a per period base rental rate established by the business program. (2)…
- § 1939.22 A rental company shall send communications to a renter electronically if the renter agrees to that communication in the rental or lease agreement. A rental…
- § 1939.23 (a) A rental company shall not use, access, or obtain any information relating to the renter’s use of the rental vehicle that was obtained using electronic…
- § 1939.25 A renter may bring an action against a rental company for the recovery of damages and appropriate equitable relief for a violation of this chapter, except for…
- § 1939.27 A rental company that brings an action against a renter for loss due to theft of the vehicle shall bring the action in the county in which the renter resides…
- § 1939.29 A waiver of any of the provisions of this chapter, except for Sections 1939.21, 1939.35, and 1939.37, shall be void and unenforceable as contrary to public…
- § 1939.31 (a) A rental company’s disclosure requirements shall be satisfied for renters who are enrolled in the rental company’s membership program if all of the…
- § 1939.33 (a) When a rental company enters into a rental agreement in the state for the rental of a vehicle to any renter who is not a resident of this country and, as…
- § 1939.35 (a) (1) A rental company shall provide a renter of a 15-passenger van with a copy of the United States Department of Transportation, National Highway Traffic…
- § 1939.37 A rental company is not subject to the requirements of Section 14608 of the Vehicle Code if the rental is subject to the terms of a membership agreement that…
- § 1939.38 (a) Notwithstanding any other law, a commercial airport facility may regulate access to an airport and require any person or entity described in subdivision…
- § 1939.39 On and after July 1, 2024, a personal vehicle sharing program shall not allow a vehicle to be placed on a digital network or software application of the…
CHAPTER 2. Hiring of Real Property §§ 1940–1954.071 · 92 sections
- § 1940 (a) Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants,…
- § 1940.05 For purposes of this chapter, “immigration or citizenship status” includes a perception that the person has a particular immigration status or citizenship…
- § 1940.1 (a) No person may require an occupant of a residential hotel, as defined in Section 50519 of the Health and Safety Code, to move, or to check out and…
- § 1940.2 (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling: (1) Engage in conduct that violates…
- § 1940.3 (a) A public entity shall not, by ordinance, regulation, policy, or administrative action implementing any ordinance, regulation, policy, or administrative…
- § 1940.35 (a) It is unlawful for a landlord to disclose to any immigration authority, law enforcement agency, or local, state, or federal agency information regarding or…
- § 1940.4 (a) Except as provided in subdivision (c), a landlord shall not prohibit a tenant from posting or displaying political signs relating to any of the following:…
- § 1940.41 (a) For purposes of this section: (1) “Personal micromobility device” means a device with both of the following characteristics: (A) It is powered by the…
- § 1940.45 (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits…
- § 1940.5 An owner or an owner’s agent shall not refuse to rent a dwelling unit in a structure which received its valid certificate of occupancy after January 1, 1973,…
- § 1940.6 (a) The owner of a residential dwelling unit or the owner’s agent who applies to any public agency for a permit to demolish that residential dwelling unit…
- § 1940.7 (a) The Legislature finds and declares that the December 10, 1983, tragedy in Tierra Santa, in which lives were lost as a result of a live munition exploding…
- § 1940.8 A landlord of a residential dwelling unit shall provide each new tenant that occupies the unit with a copy of the notice provided by a registered structural…
- § 1940.8.5 (a) For purposes of this section, the following terms have the following meanings: (1) “Adjacent dwelling unit” means a dwelling unit that is directly beside,…
- § 1940.9 (a) If the landlord does not provide separate gas and electric meters for each tenant’s dwelling unit so that each tenant’s meter measures only the electric or…
- § 1940.10 (a) For the purposes of this section, the following definitions shall apply: (1) “Private area” means an outdoor backyard area that is on the ground level of…
- § 1940.20 (a) For purposes of this section, the following definitions shall apply: (1) “Clothesline” includes a cord, rope, or wire from which laundered items may be…
- § [1941.] Section Nineteen Hundred and Forty-one. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the…
- § 1941.1 (a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or…
- § 1941.2 (a) No duty on the part of the landlord to repair a dilapidation shall arise under Section 1941 or 1942 if the tenant is in substantial violation of any of the…
- § 1941.3 (a) On and after July 1, 1998, the landlord, or his or her agent, of a building intended for human habitation shall do all of the following: (1) Install and…
- § 1941.4 The lessor of a building intended for the residential occupation of human beings shall be responsible for installing at least one usable telephone jack and for…
- § 1941.5 (a) This section shall apply if a person is alleged to have committed abuse or violence against the eligible tenant or the immediate family or household member…
- § 1941.6 (a) This section shall apply if a person who is restrained from contact with a protected tenant under a court order is a tenant of the same dwelling unit as…
- § 1941.7 (a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of…
- § 1941.8 (a) Subject to subdivision (e), for any structure intended for human habitation, it shall be the duty of a landlord to undertake one or both of the following…
- § 1941.9 (a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord…
- § 1942 (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations…
- § 1942.1 Any agreement by a lessee of a dwelling waiving or modifying his rights under Section 1941 or 1942 shall be void as contrary to public policy with respect to…
- § 1942.2 A tenant who has made a payment to a utility pursuant to Section 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or 16481.1 of the Public Utilities Code, or…
- § 1942.3 (a) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence…
- § 1942.4 (a) A landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit pursuant to…
- § 1942.5 (a) If the lessor retaliates against the lessee because of the exercise by the lessee of the lessee’s rights under this chapter or because of the lessee’s…
- § 1942.6 Any person entering onto residential real property, upon the invitation of an occupant, during reasonable hours or because of emergency circumstances, for the…
- § 1942.7 (a) A person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual’s or…
- § 1942.8 (a) For any residential tenancy commenced, renewed, or continuing on a month-to-month or other periodic basis, on or after January 1, 2026, a landlord or their…
- § 1942.9 (a) Notwithstanding any other law, a landlord shall not, with respect to a tenant who has COVID-19 rental debt, as that term is defined in Section 1179.02 of…
- § 1943 A hiring of real property, other than lodgings and dwelling-houses, in places where there is no custom or usage on the subject, is presumed to be a month to…
- § 1944 A hiring of lodgings or a dwelling house for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation…
- § 1945 If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from him, the parties are presumed…
- § 1945.5 Notwithstanding any other provision of law, any term of a lease executed after the effective date of this section for the hiring of residential real property…
- § 1946 (a) A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by…
- § 1946.1 (a) Notwithstanding Section 1946, a hiring of residential real property or commercial real property by a qualified commercial tenant for a term not specified…
- § 1946.2 (a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the…
- § 1946.3 (a) This section is known, and may be cited, as the Social Security Tenant Protection Act of 2025. (b) For purposes of this section: (1) “Residential real…
- § 1946.5 (a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by either party giving written notice…
- § 1946.7 (a) A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the…
- § 1946.8 (a) For purposes of this section: (1) “Individual in an emergency” means a person who believes that immediate action is required to prevent or mitigate the…
- § 1946.9 (a) For the purposes of tenant screening, a landlord or a landlord’s agent shall not make an adverse action based on any of the following: (1) An allegation…
- § 1947 When there is no usage or contract to the contrary, rents are payable at the termination of the holding, when it does not exceed one year. If the holding is by…
- § 1947.1 (a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of…
- § 1947.3 (a) (1) Except as provided in paragraph (2), a landlord or a landlord’s agent shall allow a tenant to pay rent and deposit of security by at least one form of…
- § 1947.5 (a) A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as defined in Section…
- § 1947.6 (a) For any lease executed, extended, or renewed on and after July 1, 2015, a lessor of a dwelling shall approve a written request of a lessee to install an…
- § 1947.7 (a) The Legislature finds and declares that the operation of local rent stabilization programs can be complex and that disputes often arise with regard to…
- § 1947.8 (a) If an ordinance or charter controls or establishes a system of controls on the price at which residential rental units may be offered for rent or lease and…
- § 1947.9 (a) (1) Notwithstanding any local law to the contrary, for those units governed by the local rent stabilization ordinance in the City and County of San…
- § 1947.10 (a) After July 1, 1990, in any city, county, or city and county which administers a system of controls on the price at which residential rental units may be…
- § 1947.11 (a) In any city, county, or city and county which administers a system of controls on the price at which residential rental units may be offered for rent or…
- § 1947.12 (a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for…
- § 1947.13 (a) Notwithstanding subdivision (a) of Section 1947.12, upon the expiration of rental restrictions, the following shall apply: (1) The owner of an assisted…
- § 1947.15 (a) The Legislature declares the purpose of this section is to: (1) Ensure that owners of residential rental units that are subject to a system of controls on…
- § 1948 The attornment of a tenant to a stranger is void, unless it is made with the consent of the landlord, or in consequence of a judgment of a Court of competent…
- § 1949 Every tenant who receives notice of any proceeding to recover the real property occupied by him or her, or the possession of the real property, shall…
- § 1950 One who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary; and if a landlord lets a room…
- § 1950.1 (a) A reusable tenant screening report shall include all of the following information regarding an applicant: (1) Name. (2) Contact information. (3)…
- § 1950.5 (a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant. (b) As used in this section,…
- § 1950.6 (a) Notwithstanding Section 1950.5, when a landlord or their agent receives a request to rent a residential property from an applicant, the landlord or their…
- § 1950.7 (a) Any payment or deposit of money the primary function of which is to secure the performance of a rental agreement for other than residential property or any…
- § 1950.8 (a) This section applies only to commercial leases and nonresidential tenancies of real property. (b) It shall be unlawful for any person to require, demand,…
- § 1950.9 (a) A landlord of a commercial real property shall not charge a qualified commercial tenant a fee to recover building operating costs unless all of the…
- § 1951 As used in Sections 1951.2 to 1952.6, inclusive: (a) “Rent” includes charges equivalent to rent. (b) “Lease” includes a sublease.
- § 1951.2 (a) Except as otherwise provided in Section 1951.4, if a lessee of real property breaches the lease and abandons the property before the end of the term or if…
- § 1951.3 (a) This section applies to real property other than commercial real property, as defined in subdivision (d) of Section 1954.26. (b) Real property shall be…
- § 1951.35 (a) This section applies only to commercial real property, as defined in subdivision (d) of Section 1954.26. (b) Commercial real property shall be deemed…
- § 1951.4 (a) The remedy described in this section is available only if the lease provides for this remedy. In addition to any other type of provision used in a lease to…
- § 1951.5 Section 1671, relating to liquidated damages, applies to a lease of real property.
- § 1951.7 (a) As used in this section, “advance payment” means moneys paid to the lessor of real property as prepayment of rent, or as a deposit to secure faithful…
- § 1951.8 Nothing in Section 1951.2 or 1951.4 affects the right of the lessor under a lease of real property to equitable relief where such relief is appropriate.
- § 1952 (a) Except as provided in subdivision (c), nothing in Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter 4 (commencing with Section 1159) of…
- § 1952.2 Sections 1951 to 1952, inclusive, do not apply to: (a) Any lease executed before July 1, 1971. (b) Any lease executed on or after July 1, 1971, if the terms of…
- § 1952.3 (a) Except as provided in subdivisions (b) and (c), if the lessor brings an unlawful detainer proceeding and possession of the property is no longer in issue…
- § 1952.4 An agreement for the exploration for or the removal of natural resources is not a lease of real property within the meaning of Sections 1951 to 1952.2,…
- § 1952.6 (a) Sections 1951 to 1952.2, inclusive, shall not apply to any lease or agreement for a lease of real property between any public entity and any nonprofit…
- § 1952.7 (a) (1) Any term in a lease that is executed, renewed, or extended on or after January 1, 2015, that conveys any possessory interest in commercial property…
- § 1952.8 On and after the effective date of this section, no owner of a gasoline service station shall enter into a lease with any person for the leasing of the station…
- § 1953 (a) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as…
- § 1954 (a) A landlord may enter the dwelling unit only in the following cases: (1) In case of emergency. (2) To make necessary or agreed repairs, decorations,…
- § 1954.05 In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to…
- § 1954.06 (a) As specified in subdivision (b), and except as provided in subdivision (j), beginning July 1, 2021, any landlord of an assisted housing development shall…
- § 1954.07 (a) As specified in subdivision (b), and except as provided in subdivision (j), any landlord of a dwelling unit of residential real property shall offer any…
- § 1954.071 (a) For purposes of this section: (1) “Disaster” means an event or circumstance that results in a federal major disaster declaration approved by the President…
CHAPTER 2.4. Occupancy in Interim Homelessness Programs §§ 1954.08–1954.092 · 4 sections
- § 1954.08 For the purposes of this chapter, the following definitions apply: (a) “Harm-reduction” means a set of strategies, policies, and practices aimed at mitigating…
- § 1954.09 (a) Notwithstanding paragraph (1) of subdivision (b) of Section 1954.091, shelter program participants shall not have their continued occupancy in a motel,…
- § 1954.091 (a) Section 310.3 of Chapter 3 (commencing with Section 301.1) of Part 2 of Title 24 (the California Building Standards Code) of the California Code of…
- § 1954.092 (a) A motel or hotel shall not be designated as a nontransient motel or a nontransient hotel pursuant to Section 310.4 of Chapter 3 (commencing with Section…
CHAPTER 2.5. Transitional Housing Participant Misconduct §§ 1954.10–1954.18 · 9 sections
ARTICLE 1. General Provisions and Definitions §§ 1954.10–1954.12 · 3 sections
- § 1954.10 This chapter shall be known and may be cited as the Transitional Housing Participant Misconduct Act.
- § 1954.11 In enacting this chapter, it is the intent of the Legislature to prevent the recurrence of acts of substantial disruption or violence by participants in…
- § 1954.12 The following definitions shall govern the construction of this chapter: (a) “Abuse” means intentionally or recklessly causing or attempting to cause bodily…
ARTICLE 2. Temporary Restraining Order and Injunction §§ 1954.13–1954.16 · 4 sections
- § 1954.13 (a) The program operator may seek, on its own behalf or on behalf of other participants, project employees, or persons residing within 100 feet of the program…
- § 1954.14 (a) The clerk shall transmit a copy of each temporary restraining order or injunction or modification or termination thereof, granted under this chapter, by…
- § 1954.15 If a participant has violated an order issued under Section 1954.13, the participant shall be considered to have failed to perform the conditions of the…
- § 1954.16 The Judicial Council shall promulgate forms and related instructions to implement the procedures required by this chapter. The petition and response forms…
ARTICLE 3. Recovery of Dwelling §§ 1954.17–1954.18 · 2 sections
- § 1954.17 If, after hearing pursuant to this chapter, an order excluding the participant from the program site is issued, the program operator may, without further…
- § 1954.18 If the program operator takes possession of the property, pursuant to this article, the program operator shall give the subject participant a reasonable…
CHAPTER 2.5. Water Service §§ 1954.201–1954.219 · 19 sections
- § 1954.201 It is the intent of the Legislature in enacting this chapter to do both of the following: (a) To encourage the conservation of water in multifamily residential…
- § 1954.202 For the purposes of this chapter: (a) “Billing agent” means a person or entity who contracts to provide submetering services to a landlord, including billing.…
- § 1954.203 (a) Submeters used to separately bill tenants for water service shall satisfy each of the following requirements: (1) The submeter shall be inspected, tested,…
- § 1954.204 Before executing a rental agreement, a landlord who intends to charge a tenant separately from rent for water service in a property with submeters shall…
- § 1954.205 (a) As part of the regular bill for water service, a landlord shall only bill a tenant for the following water service: (1) A charge for volumetric usage,…
- § 1954.206 (a) Submeters shall be read within three days of the same point in each billing cycle. (b) Payments shall be due at the same point in each billing cycle. A…
- § 1954.207 (a) At the beginning of a tenancy, a submeter shall be read after the tenant takes possession. If the regular reading occurs less than five days prior to the…
- § 1954.208 Unless it can be documented that a penalty is primarily the result of a tenant’s or tenants’ failure to comply with state or local water use regulations or…
- § 1954.209 The landlord shall maintain and make available in writing, at the tenant’s written or electronic request, within seven days after the request, the following:…
- § 1954.210 (a) If a tenant notifies the landlord of, or the landlord otherwise becomes aware of, a leak, a drip, a water fixture that does not shut off property,…
- § 1954.211 The landlord may enter a dwelling unit as follows: (a) For the purpose of installing, repairing, or replacing a submeter, or for the purpose of investigating…
- § 1954.212 (a) If a monthly submeter reading necessary to measure volumetric usage is unavailable, and the tenant has provided access to the submeter, the tenant may be…
- § 1954.213 (a) A tenant may be charged a late fee for any water service bill not paid 25 days after mailing or other transmittal of the bill. If the 25th day falls on a…
- § 1954.214 This chapter does not preclude or preempt an ordinance or regulation adopted prior to January 1, 2013, that regulates the approval of submeter types or the…
- § 1954.215 The rights or obligations established under this chapter shall not be waived. Any purported waiver is void.
- § 1954.216 (a) This chapter applies to the following: (1) All dwelling units offered for rent or rented in a building where submeters were required to be installed…
- § 1954.217 A submetering system that measures only a portion of a dwelling unit’s water usage, including, but not limited to, a system that measures only hot water usage,…
- § 1954.218 This chapter shall become operative on January 1, 2018.
- § 1954.219 Any property that is required to install individual submeters pursuant to Article 5 (commencing with Section 537) of Chapter 8 of Division 1 of the Water Code…
CHAPTER 2.6. Commercial Rental Control §§ 1954.25–1954.31 · 7 sections
- § 1954.25 The Legislature finds that the price charged for commercial real property is a matter of statewide concern. Price controls on commercial rents discourage…
- § 1954.26 As used in this chapter, the following terms have the following meanings: (a) “Owner” includes any person, acting as principal or through an agent, having the…
- § 1954.27 (a) No public entity shall enact any measure constituting commercial rental control, nor shall any public entity enforce any commercial rental control, whether…
- § 1954.28 Nothing in this chapter limits or affects public entities with respect to any of the following: (a) The Eminent Domain Law, Title 7 (commencing with Section…
- § 1954.29 Nothing in this chapter shall, with respect to a public entity: (a) Grant, enlarge, or diminish any power (1) which it may possess under the provisions of, and…
- § 1954.30 Nothing in this chapter grants or augments any authority of a public entity which it does not possess independent of this chapter, nor diminish any power of a…
- § 1954.31 A public entity may by enactment of a statute, charter or charter amendment, or ordinance, establish a requirement for notice relating to the termination of a…
CHAPTER 2.7. Residential Rent Control §§ 1954.50–1954.535 · 5 sections
- § 1954.50 This chapter shall be known and may be cited as the Costa-Hawkins Rental Housing Act.
- § 1954.51 As used in this chapter, the following terms have the following meanings: (a) “Comparable units” means rental units that have approximately the same living…
- § 1954.52 (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling…
- § 1954.53 (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial rental rate for a dwelling or unit, except…
- § 1954.535 Where an owner terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for rent limitations to a qualified…
CHAPTER 2.8. Bed Bug Infestations §§ 1954.600–1954.605 · 6 sections
- § 1954.600 The Legislature finds and declares: (a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is…
- § 1954.601 For purposes of this chapter, the term “pest control operator” means an individual holding a Branch 2 operator, field representative, or applicator license…
- § 1954.602 (a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation. (b)…
- § 1954.603 On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided…
- § 1954.604 Entry to inspect a tenant’s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct…
- § 1954.605 The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator’s…
CHAPTER 3. Hiring of Personal Property §§ 1955–1959 · 5 sections
- § 1955 Except as otherwise agreed by the lessor and the lessee in lease agreements for a term of more than 20 days, one who leases personal property must deliver it…
- § 1956 Except as otherwise agreed by the lessor and lessee, a lessee of personal property must bear all such expenses concerning it as might naturally be foreseen to…
- § 1957 If a lessor fails to fulfill his or her obligations, as prescribed by Section 1955, the lessee, after giving him or her notice to do so, if the notice can…
- § 1958 At the expiration of the term for which personal property is leased, the lessee must return it to the lessor at the place contemplated by the parties at the…
- § 1959 The contract by which a ship is let is termed a charter party. By it the owner may either let the capacity or burden of the ship, continuing the employment of…
CHAPTER 4. Identification of Property Owners §§ 1961–1962.7 · 4 sections
- § 1961 This chapter shall apply to every dwelling structure containing one or more units offered to the public for rent or for lease for residential purposes.
- § 1962 (a) Any owner of a dwelling structure specified in Section 1961 or a party signing a rental agreement or lease on behalf of the owner shall do all of the…
- § 1962.5 (a) Notwithstanding subdivisions (a) and (b) of Section 1962, the information required by paragraph (1) of subdivision (a) of Section 1962 to be disclosed to a…
- § 1962.7 In the event an owner, successor owner, manager, or agent specified in Section 1961 fails to comply with the requirements of this chapter, service of process…
CHAPTER 4.5. Disposition of Personal Property Upon Request of Tenant § 1965 · 1 section
- § 1965 (a) A residential landlord shall not refuse to surrender, to a residential tenant or to a residential tenant’s duly authorized representative, any personal…
CHAPTER 5. Disposition of Personal Property Remaining on Premises at Termination of Tenancy §§ 1980–1991 · 13 sections
- § 1980 As used in this chapter: (a) “Landlord” means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent…
- § 1980.5 (a) Except as provided in Section 1993.01, the provisions of this chapter shall not apply to commercial real property, as defined in subdivision (d) of Section…
- § 1981 (a) This chapter provides an optional procedure for the disposition of personal property that remains on the premises after a tenancy has terminated and the…
- § 1982 (a) Personal property which the landlord reasonably believes to have been lost shall be disposed of pursuant to Article 1 (commencing with Section 2080) of…
- § 1983 (a) Where personal property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give…
- § 1984 (a) A notice given to the former tenant which is in substantially the following form satisfies the requirements of Section 1983: Notice of Right to Reclaim…
- § 1985 A notice which is in substantially the following form given to a person (other than the former tenant) the landlord reasonably believes to be the owner of…
- § 1986 The personal property described in the notice shall either be left on the vacated premises or be stored by the landlord in a place of safekeeping until the…
- § 1987 (a) The personal property described in the notice shall be released by the landlord to the former tenant or, at the landlord’s option, to any person reasonably…
- § 1988 (a) If the personal property described in the notice is not released pursuant to Section 1987, it shall be sold at public sale by competitive bidding. However,…
- § 1989 (a) Notwithstanding subdivision (c) of Section 1981, where the landlord releases to the former tenant property which remains on the premises after a tenancy is…
- § 1990 (a) Costs of storage which may be required to be paid under this chapter shall be assessed in the following manner: (1) Where a former tenant claims property…
- § 1991 Where a notice of belief of abandonment is given to a lessee pursuant to Section 1951.3, the notice to the former tenant given pursuant to Section 1983 may,…
CHAPTER 5.5. Disposition of Property Remaining on Premises at Termination of Commercial Tenancy §§ 1993–1993.09 · 10 sections
- § 1993 This chapter shall only apply to commercial real property. As used in this chapter: (a) “Commercial real property” has the meaning specified in subdivision (d)…
- § 1993.01 Notwithstanding Section 1980.5, the requirements of Sections 1982, 1987, and 1990 shall apply to property that is subject to this chapter.
- § 1993.02 (a) This chapter provides an optional procedure for the disposition of property that remains on the premises after a tenancy of commercial real property has…
- § 1993.03 (a) If property remains on the premises after a tenancy has terminated and the premises have been vacated by the tenant, the landlord shall give written notice…
- § 1993.04 (a) A notice given to the former tenant that is in substantially the following form satisfies the requirements of Section 1993.03: Notice of Right to Reclaim…
- § 1993.05 A notice in substantially the following form given to a person (other than the former tenant) the landlord reasonably believes to be the owner of personal…
- § 1993.06 The personal property described in the notice shall either be left on the vacated premises or be stored by the landlord in a place of safekeeping until the…
- § 1993.07 (a) (1) The property described in the notice that is not released pursuant to Section 1987 shall be sold at public sale by competitive bidding except that, if…
- § 1993.08 (a) Notwithstanding subdivision (c) of Section 1993.02, if the landlord releases to the former tenant property that remains on the premises after a tenancy is…
- § 1993.09 If a notice of belief of abandonment is given to a lessee pursuant to Section 1951.3, the notice to the former tenant given pursuant to Section 1993.03 may be…
CHAPTER 6. Assignment and Sublease §§ 1995.010–1995.340 · 15 sections
ARTICLE 1. General Provisions §§ 1995.010–1995.030 · 3 sections
- § 1995.010 This chapter applies to transfer of a tenant’s interest in a lease of real property for other than residential purposes.
- § 1995.020 As used in this chapter: (a) “Landlord” includes a tenant who is a sublandlord under a sublease. (b) “Lease” means a lease or sublease of real property for…
- § 1995.030 Except as provided in Section 1995.270, this chapter applies to a lease executed before, on, or after January 1, 1990.
ARTICLE 2. Restrictions on Transfer §§ 1995.210–1995.270 · 7 sections
- § 1995.210 (a) Subject to the limitations in this chapter, a lease may include a restriction on transfer of the tenant’s interest in the lease. (b) Unless a lease…
- § 1995.220 An ambiguity in a restriction on transfer of a tenant’s interest in a lease shall be construed in favor of transferability.
- § 1995.230 A restriction on transfer of a tenant’s interest in a lease may absolutely prohibit transfer.
- § 1995.240 A restriction on transfer of a tenant’s interest in a lease may provide that the transfer is subject to any express standard or condition, including, but not…
- § 1995.250 A restriction on transfer of a tenant’s interest in a lease may require the landlord’s consent for transfer subject to any express standard or condition for…
- § 1995.260 If a restriction on transfer of the tenant’s interest in a lease requires the landlord’s consent for transfer but provides no standard for giving or…
- § 1995.270 (a) The Legislature finds and declares: (1) It is the public policy of the state and fundamental to the commerce and economic development of the state to…
ARTICLE 3. Breach and Remedies §§ 1995.300–1995.340 · 5 sections
- § 1995.300 A remedy provided by law for violation of the rights of the tenant or of the landlord concerning transfer of a tenant’s interest in a lease, including a remedy…
- § 1995.310 If a restriction on transfer of a tenant’s interest in a lease requires the landlord’s consent for transfer subject to an express or implied standard that the…
- § 1995.320 If a tenant transfers the tenant’s interest in a lease in violation of a restriction on transfer of the tenant’s interest in the lease, in addition to any…
- § 1995.330 (a) An assignee who receives or makes a transfer in violation of a restriction on transfer of a tenant’s interest in a lease is jointly and severally liable…
- § 1995.340 (a) Subject to subdivision (b), a restriction on transfer of a tenant’s interest in a lease applies to a subsequent transfer by a tenant, an assignee, or a…
CHAPTER 7. Use Restrictions §§ 1997.010–1997.270 · 12 sections
ARTICLE 1. General Provisions §§ 1997.010–1997.050 · 5 sections
- § 1997.010 This chapter applies to a restriction on use of leased property by a tenant under a lease of real property for other than residential purposes.
- § 1997.020 As used in this chapter: (a) “Landlord” includes a tenant who is a sublandlord under a sublease. (b) “Lease” means a lease or sublease of real property for…
- § 1997.030 Nothing in this chapter authorizes a restriction on use that is otherwise prohibited by law.
- § 1997.040 (a) For the purpose of subdivision (a) of Section 1951.2 (damages on termination for breach), the amount of rental loss that could be or could have been…
- § 1997.050 Except as provided in Section 1997.270, this chapter applies to a lease executed before, on, or after January 1, 1992.
ARTICLE 2. Use Restrictions §§ 1997.210–1997.270 · 7 sections
- § 1997.210 (a) Subject to the limitations in this chapter, a lease may include a restriction on use of leased property by a tenant. (b) Unless the lease includes a…
- § 1997.220 An ambiguity in a restriction on use of leased property by a tenant shall be construed in favor of unrestricted use.
- § 1997.230 A restriction on use of leased property by a tenant may absolutely prohibit a change in use.
- § 1997.240 A restriction on use of leased property by a tenant may provide that a change in use is subject to any express standard or condition.
- § 1997.250 A restriction on use of leased property by a tenant may require the landlord’s consent for a change in use subject to any express standard or condition for…
- § 1997.260 If a restriction on use of leased property by a tenant requires the landlord’s consent for a change in use but provides no standard for giving or withholding…
- § 1997.270 (a) Section 1997.260 applies to a restriction on use executed on or after January 1, 1992. If a restriction on use executed before January 1, 1992, requires…