CHAPTER 2. Hiring of Real Property [1940. - 1954.071.]

Chapter 2 enacted 1872.

§§ 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…