BILL NUMBER: AB 418 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Chiu
( Principal coauthor: Senator
Leno )
FEBRUARY 19, 2015
An act to amend Section 1950.5 of, and to amend
and repeal Section 1946.7 of, of the
Civil Code, relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
AB 418, as amended, Chiu. Tenancy: termination: victims of violent
crime.
(1) Existing law, until January 1, 2016, authorizes a tenant to
notify the landlord in writing that he or she or a household member,
as defined, was a victim of an act of domestic violence or sexual
assault and that the tenant intends to terminate the tenancy.
Existing law requires that the tenant attach to the notice to
terminate a tenancy a copy of a temporary restraining order or
protective order that protects the tenant or household member from
further domestic violence or sexual assault or to attach a report by
a peace officer stating that the tenant or household member has filed
a report alleging he or she or the household member is a victim of
domestic violence or sexual assault.
This bill would extend these provisions
indefinitely and would reduce the time limit for a tenant to
give a notice of intent to vacate to the landlord under these
provisions from 30 days to 14 days. The bill would reduce
the time that the landlord has to return the tenant's security
deposit from 21 days to 14 days and would eliminate certain
requirements regarding postvacancy inspections by the landlord when
the tenant vacates the premises under these provisions. This bill
would extend these provisions indefinitely.
(2) Existing law specifies the conditions required for a landlord
to retain some or all of a tenant's security deposit, based on
specified criteria and authorizes the tenant to request an
inspection of the premises by the landlord and to be present during
the inspection used to assess whether some or all of the security
deposit will be retained. use of the security deposit
to compensate a landlord for a tenant's default in the payment of
rent.
This bill would make these inspection provisions
inapplicable when the tenancy is terminated by a victim of crime
under the above provisions and would make nonsubstantive,
organizational changes to these security deposit provisions.
provide that the termination of a tenancy by a victim
of crime under the above described provisions does not constitute a
default in the payment of rent.
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 1946.7 of the Civil Code, as amended by Section
1 of Chapter 130 of the Statutes of 2013, is amended to read:
1946.7. (a) A tenant may notify the landlord that he or she or a
household member was a victim of an act that constitutes an act of
domestic violence as defined in Section 6211 of the Family Code,
sexual assault as defined in Section 261, 261.5, 262, 286, 288a, or
289 of the Penal Code, stalking as defined in Section 1708.7, human
trafficking as defined in Section 236.1 of the Penal Code, or abuse
of an elder or a dependent adult as defined in Section 15610.07 of
the Welfare and Institutions Code, and that the tenant intends to
terminate the tenancy.
(b) A notice to terminate a tenancy under this section shall be in
writing, with one of the following attached to the notice:
(1) A copy of a temporary restraining order, emergency protective
order, or protective order lawfully issued pursuant to Part 3
(commencing with Section 6240) or Part 4 (commencing with Section
6300) of Division 10 of the Family Code, Section 136.2 of the Penal
Code, Section 527.6 of the Code of Civil Procedure, or Section 213.5
or 15657.03 of the Welfare and Institutions Code that protects the
tenant or household member from further domestic violence, sexual
assault, stalking, human trafficking, or abuse of an elder or a
dependent adult.
(2) A copy of a written report by a peace officer employed by a
state or local law enforcement agency acting in his or her official
capacity stating that the tenant or household member has filed a
report alleging that he or she or the household member is a victim of
domestic violence, sexual assault, stalking, human trafficking, or
abuse of an elder or a dependent adult.
(3) (A) Documentation from a qualified third party based on
information received by that third party while acting in his or her
professional capacity to indicate that the tenant or household member
is seeking assistance for physical or mental injuries or abuse
resulting from an act of domestic violence, sexual assault, stalking,
human trafficking, elder abuse, or dependent adult abuse.
(B) The documentation shall contain, in substantially the same
form, the following:
Tenant Statement and Qualified Third Party
Statement
under Civil Code Section 1946.7
Part I. Statement By Tenant
I, (insert name of tenant), state as follows:
I, or a member of my household, have been a
victim of:
(insert one or more of the following: domestic
violence, sexual assault, stalking, human
trafficking, elder abuse, or dependent adult
abuse.)
The most recent incident(s) happened on or
about:
(insert date or dates.)
The incident(s) was/were committed by the
following person(s), with these physical
description(s), if known and safe to provide:
(if known and safe to provide, insert name(s)
and physical description(s).)
_______________________ ___________
(signature of tenant) (date)
Part II. Qualified Third Party Statement
I, (insert name of qualified third party), state
as follows:
My business address and phone number are:
(insert business address and phone number.)
Check and complete one of the following:
____I meet the requirements for a sexual
assault counselor provided in Section 1035.2 of
the Evidence Code and I am either engaged in an
office, hospital, institution, or center
commonly known as a rape crisis center described
in that section or employed by an organization
providing the programs specified in Section
13835.2 of the Penal Code.
____I meet the requirements for a domestic
violence counselor provided in Section 1037.1 of
the Evidence Code and I am employed, whether
financially compensated or not, by a domestic
violence victim service organization, as defined
in that section.
____I meet the requirements for a human
trafficking caseworker provided in Section
1038.2 of the Evidence Code and I am employed,
whether financially compensated or not, by an
organization that provides programs specified in
Section 18294 of the Welfare and
Institutions Code or in Section 13835.2 of the
Penal Code.
____I am licensed by the State of California as
a:
(insert one of the following: physician and
surgeon, osteopathic physician and surgeon,
registered nurse, psychiatrist, psychologist,
licensed clinical social worker, licensed
marriage and family therapist, or licensed
professional clinical counselor.) and I am
licensed by, and my license number is:
(insert name of state licensing entity and
license number.)
The person who signed the Statement By Tenant
above stated to me that he or she, or a member
of his or her household, is a victim of:
(insert one or more of the following: domestic
violence, sexual assault, stalking, human
trafficking, elder abuse, or dependent adult
abuse.)
The person further stated to me the incident(s)
occurred on or about the date(s) stated above.
I understand that the person who made the
Statement By Tenant may use this document as a
basis for terminating a lease with the person's
landlord.
__________________________________________
(signature of qualified third party)
______
(date)
(C) The documentation may be signed by a person who meets the
requirements for a sexual assault counselor, domestic violence
counselor, or a human trafficking caseworker only if the
documentation displays the letterhead of the office, hospital,
institution, center, or organization, as appropriate, that engages or
employs, whether financially compensated or not, this counselor or
caseworker.
(c) The notice to terminate the tenancy shall be given within 180
days of the date that any order described in paragraph (1) of
subdivision (b) was issued, within 180 days of the date that any
written report described in paragraph (2) of subdivision (b) was
made, or within the time period described in Section 1946.
(d) (1) If notice to terminate the tenancy
is provided to the landlord under this section, the tenant shall be
responsible for payment of rent for no more than 14 calendar days
following the giving of the notice, or for any shorter appropriate
period as described in Section 1946 or the lease or rental
agreement. The tenant shall be released from any rent payment
obligation under the lease or rental agreement without
penalty. If the premises are relet to another party prior to the end
of the obligation to pay rent, the rent owed under this subdivision
shall be prorated.
(2) A tenancy terminated pursuant to this section shall not
constitute a default in the payment of rent by the tenant. No
deduction may be made pursuant to paragraph (1) of subdivision (b) of
Section 1950.5 by reason of termination under this section. Section
1950.5 shall otherwise apply when a tenancy is terminated pursuant to
this section.
(e) Existing law governing the security deposit shall apply,
subject to the following:
(1) Notwithstanding the 21-day time limit provided in subdivision
(g) of Section 1950.5, the statement and return of the security as
provided in that subdivision shall be furnished and returned not
later than 14 calendar days after the tenant vacated the premises
pursuant to a notice given under this section.
(2) Subdivision (f) of Section 1950.5 shall not apply if a tenant
gives notice under this section.
(f)
(e) Nothing in this section relieves a tenant, other
than the tenant who is, or who has a household member who is, a
victim of domestic violence, sexual assault, stalking, human
trafficking, or abuse of an elder or a dependent adult and members of
that tenant's household, from their obligations under the lease
or rental agreement.
(g)
(f) (1) "Household member," as used in this section,
means a member of the tenant's family who lives in the same household
as the tenant.
(2) "Qualified third party," as used in this section, means a
health practitioner, domestic violence counselor, as defined in
Section 1037.1 of the Evidence Code, a sexual assault counselor, as
defined in Section 1035.2 of the Evidence Code, or a human
trafficking caseworker, as defined in Section 1038.2 of the Evidence
Code.
(3) "Health practitioner," as used in this section, means a
physician and surgeon, osteopathic physician and surgeon,
psychiatrist, psychologist, registered nurse, licensed clinical
social worker, licensed marriage and family therapist, or licensed
professional clinical counselor.
(h) (1) A landlord shall not disclose any information provided by
a tenant under this section to a third party unless the disclosure
satisfies any one of the following:
(A) The tenant consents in writing to the disclosure.
(B) The disclosure is required by law or order of the court.
(2) A landlord's communication to a qualified third party who
provides documentation under paragraph (3) of subdivision (b) to
verify the contents of that documentation is not disclosure for
purposes of this subdivision.
SEC. 2. Section 1946.7 of the Civil Code, as added by Section 2 of
Chapter 130 of the Statutes of 2013, is repealed.
SEC. 3. Section 1950.5 of the Civil Code is
amended to read:
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, "security" means any payment, fee,
deposit, or charge, including, but not limited to, any payment, fee,
deposit, or charge, except as provided in Section 1950.6, that is
imposed at the beginning of the tenancy to be used to reimburse the
landlord for costs associated with processing a new tenant or that is
imposed as an advance payment of rent, used or to be used for any
purpose, including, but not limited to, any of the following:
(1) The compensation of a landlord for a tenant's default in the
payment of rent.
(2) The repair of damages to the premises, exclusive of ordinary
wear and tear, caused by the tenant or by a guest or licensee of the
tenant.
(3) The cleaning of the premises upon termination of the tenancy
necessary to return the unit to the same level of cleanliness it was
in at the inception of the tenancy. The amendments to this paragraph
enacted by the act adding this sentence shall apply only to tenancies
for which the tenant's right to occupy begins after January 1, 2003.
(4) To remedy future defaults by the tenant in any obligation
under the rental agreement to restore, replace, or return personal
property or appurtenances, exclusive of ordinary wear and tear, if
the security deposit is authorized to be applied thereto by the
rental agreement.
(c) A landlord may not demand or receive security, however
denominated, in an amount or value in excess of an amount equal to
two months' rent, in the case of unfurnished residential property,
and an amount equal to three months' rent, in the case of furnished
residential property, in addition to any rent for the first month
paid on or before initial occupancy.
This subdivision does not prohibit an advance payment of not less
than six months' rent if the term of the lease is six months or
longer.
This subdivision does not preclude a landlord and a tenant from
entering into a mutual agreement for the landlord, at the request of
the tenant and for a specified fee or charge, to make structural,
decorative, furnishing, or other similar alterations, if the
alterations are other than cleaning or repairing for which the
landlord may charge the previous tenant as provided by subdivision
(e).
(d) Any security shall be held by the landlord for the tenant who
is party to the lease or agreement. The claim of a tenant to the
security shall be prior to the claim of any creditor of the landlord.
(e) The landlord may claim of the security only those amounts as
are reasonably necessary for the purposes specified in subdivision
(b). The landlord may not assert a claim against the tenant or the
security for damages to the premises or any defective conditions that
preexisted the tenancy, for ordinary wear and tear or the effects
thereof, whether the wear and tear preexisted the tenancy or occurred
during the tenancy, or for the cumulative effects of ordinary wear
and tear occurring during any one or more tenancies.
(f) (1) Within a reasonable time after notification of either
party's intention to terminate the tenancy, or before the end of the
lease term, the landlord shall notify the tenant in writing of his or
her option to request an initial inspection and of his or her right
to be present at the inspection. The requirements of this subdivision
do not apply when the tenancy is terminated pursuant to subdivision
(2), (3), or (4) of Section 1161 of the Code of Civil Procedure or
Section 1946.7 of this code. At a reasonable time, but no earlier
than two weeks before the termination or the end of lease date, the
landlord, or an agent of the landlord, shall, upon the request of the
tenant, make an initial inspection of the premises prior to any
final inspection the landlord makes after the tenant has vacated the
premises. The purpose of the initial inspection shall be to allow the
tenant an opportunity to remedy identified deficiencies, in a manner
consistent with the rights and obligations of the parties under the
rental agreement, in order to avoid deductions from the security. If
a tenant chooses not to request an initial inspection, the duties of
the landlord under this subdivision are discharged. If an inspection
is requested, the parties shall attempt to schedule the inspection at
a mutually acceptable date and time. The landlord shall give at
least 48 hours' prior written notice of the date and time of the
inspection if either a mutual time is agreed upon, or if a mutually
agreed time cannot be scheduled but the tenant still wishes an
inspection. The tenant and landlord may agree to forgo the 48-hour
prior written notice by both signing a written waiver. The landlord
shall proceed with the inspection whether the tenant is present or
not, unless the tenant previously withdrew his or her request for the
inspection. Written notice by the landlord shall contain, in
substantially the same form, the following:
"State law permits former tenants to reclaim abandoned personal
property left at the former address of the tenant, subject to certain
conditions. You may or may not be able to reclaim property without
incurring additional costs, depending on the cost of storing the
property and the length of time before it is reclaimed. In general,
these costs will be lower the sooner you contact your former landlord
after being notified that property belonging to you was left behind
after you moved out."
(2) Based on the inspection, the landlord shall give the tenant an
itemized statement specifying repairs or cleanings that are proposed
to be the basis of any deductions from the security the landlord
intends to make pursuant to paragraphs (1) to (4), inclusive, of
subdivision (b). This statement shall also include the texts of
paragraphs (1) to (4), inclusive, of subdivision (b). The statement
shall be given to the tenant, if the tenant is present for the
inspection, or shall be left inside the premises.
(3) The tenant shall have the opportunity during the period
following the initial inspection until termination of the tenancy to
remedy identified deficiencies, in a manner consistent with the
rights and obligations of the parties under the rental agreement, in
order to avoid deductions from the security.
(4) Nothing in this subdivision shall prevent a landlord from
using the security for deductions itemized in the statement provided
for in paragraph (2) that were not cured by the tenant so long as the
deductions are for damages authorized by this section.
(5) Nothing in this subdivision shall prevent a landlord from
using the security for any purpose specified in paragraphs (1) to
(4), inclusive, of subdivision (b) that occurs between completion of
the initial inspection and termination of the tenancy or was not
identified during the initial inspection due to the presence of a
tenant's possessions.
(g) (1) (A) The landlord shall furnish the tenant, by personal
delivery or by first-class mail, postage prepaid, a copy of an
itemized statement indicating the basis for, and the amount of, any
security received and the disposition of the security, and shall
return any remaining portion of the security to the tenant within
both of the following time constraints:
(i) No later than 21 calendar days after the tenant has vacated
the premises, or, for a vacancy pursuant to Section 1946.7, not later
than 14 calendar days after the tenant has vacated the premises.
(ii) Not earlier than the time that either the landlord or the
tenant provides a notice to terminate the tenancy under Section 1946
or 1946.1 of this code or Section 1161 of the Code of Civil
Procedure, or not earlier than 60 calendar days prior to the
expiration of a fixed-term lease.
(B) After either the landlord or the tenant provides notice to
terminate the tenancy, the landlord and tenant may mutually agree to
do either of the following:
(i) Have the landlord deposit any remaining portion of the
security deposit electronically to a bank account or other financial
institution designated by the tenant.
(ii) Have the landlord provide a copy of the itemized statement
along with the copies required by paragraph (2) to an email account
provided by the tenant.
(2) Along with the itemized statement, the landlord shall also
include copies of documents showing charges incurred and deducted by
the landlord to repair or clean the premises, as follows:
(A) If the landlord or landlord's employee did the work, the
itemized statement shall reasonably describe the work performed. The
itemized statement shall include the time spent and the reasonable
hourly rate charged.
(B) If the landlord or landlord's employee did not do the work,
the landlord shall provide the tenant a copy of the bill, invoice, or
receipt supplied by the person or entity performing the work. The
itemized statement shall provide the tenant with the name, address,
and telephone number of the person or entity, if the bill, invoice,
or receipt does not include that information.
(C) If a deduction is made for materials or supplies, the landlord
shall provide a copy of the bill, invoice, or receipt. If a
particular material or supply item is purchased by the landlord on an
ongoing basis, the landlord may document the cost of the item by
providing a copy of a bill, invoice, receipt, vendor price list, or
other vendor document that reasonably documents the cost of the item
used in the repair or cleaning of the unit.
(3) If a repair to be done by the landlord or the landlord's
employee cannot reasonably be completed within 21 calendar days after
the tenant has vacated the premises, or if the documents from a
person or entity providing services, materials, or supplies are not
in the landlord's possession within 21 calendar days after the tenant
has vacated the premises, the landlord may deduct the amount of a
good faith estimate of the charges that will be incurred and provide
that estimate with the itemized statement. If the reason for the
estimate is because the documents from a person or entity providing
services, materials, or supplies are not in the landlord's
possession, the itemized statement shall include the name, address,
and telephone number of the person or entity. Within 14 calendar days
of completing the repair or receiving the documentation, the
landlord shall complete the requirements in paragraphs (1) and (2) in
the manner specified.
(4) The landlord need not comply with paragraph (2) or (3) if
either of the following applies:
(A) The deductions for repairs and cleaning together do not exceed
one hundred twenty-five dollars ($125).
(B) The tenant waived the rights specified in paragraphs (2) and
(3). The waiver shall only be effective if it is signed by the tenant
at the same time or after a notice to terminate a tenancy under
Section 1946 or 1946.1 has been given, a notice under Section 1161 of
the Code of Civil Procedure has been given, or no earlier than 60
calendar days prior to the expiration of a fixed-term lease. The
waiver shall substantially include the text of paragraph (2).
(5) Notwithstanding paragraph (4), the landlord shall comply with
paragraphs (2) and (3) when a tenant makes a request for
documentation within 14 calendar days after receiving the itemized
statement specified in paragraph (1). The landlord shall comply
within 14 calendar days after receiving the request from the tenant.
(6) Any mailings to the tenant pursuant to this subdivision shall
be sent to the address provided by the tenant. If the tenant does not
provide an address, mailings pursuant to this subdivision shall be
sent to the unit that has been vacated.
(h) Upon termination of the landlord's interest in the premises,
whether by sale, assignment, death, appointment of receiver, or
otherwise, the landlord or the landlord's agent shall, within a
reasonable time, do one of the following acts, either of which shall
relieve the landlord of further liability with respect to the
security held:
(1) Transfer the portion of the security remaining after any
lawful deductions made under subdivision (e) to the landlord's
successor in interest. The landlord shall thereafter notify the
tenant by personal delivery or by first-class mail, postage prepaid,
of the transfer, of any claims made against the security, of the
amount of the security deposited, and of the names of the successors
in interest, their addresses, and their telephone numbers. If the
notice to the tenant is made by personal delivery, the tenant shall
acknowledge receipt of the notice and sign his or her name on the
landlord's copy of the notice.
(2) Return the portion of the security remaining after any lawful
deductions made under subdivision (e) to the tenant, together with an
accounting as provided in subdivision (g).
(i) Prior to the voluntary transfer of a landlord's interest in
the premises, the landlord shall deliver to the landlord's successor
in interest a written statement indicating the following:
(1) The security remaining after any lawful deductions are made.
(2) An itemization of any lawful deductions from any security
received.
(3) His or her election under paragraph (1) or (2) of subdivision
(h).
This subdivision does not affect the validity of title to the real
property transferred in violation of this subdivision.
(j) (1) In the event of noncompliance with subdivision (h), the
landlord's successors in interest shall be jointly and severally
liable with the landlord for repayment of the security, or that
portion thereof to which the tenant is entitled, when and as provided
in subdivisions (e) and (g). A successor in interest of a landlord
may not require the tenant to post any security to replace that
amount not transferred to the tenant or successors in interest as
provided in subdivision (h), unless and until the successor in
interest first makes restitution of the initial security as provided
in paragraph (2) of subdivision (h) or provides the tenant with an
accounting as provided in subdivision (g).
(2) This subdivision does not preclude a successor in interest
from recovering from the tenant compensatory damages that are in
excess of the security received from the landlord previously paid by
the tenant to the landlord.
(3) Notwithstanding this subdivision, if, upon inquiry and
reasonable investigation, a landlord's successor in interest has a
good faith belief that the lawfully remaining security deposit is
transferred to him or her or returned to the tenant pursuant to
subdivision (h), he or she is not liable for damages as provided in
subdivision ( l ), or any security not
transferred pursuant to subdivision (h).
(k) Upon receipt of any portion of the security under paragraph
(1) of subdivision (h), the landlord's successors in interest shall
have all of the rights and obligations of a landlord holding the
security with respect to the security.
( l
) The bad faith claim or retention by a landlord or the
landlord's successors in interest of the security or any portion
thereof in violation of this section, or the bad faith demand of
replacement security in violation of subdivision (j), may subject the
landlord or the landlord's successors in interest to statutory
damages of up to twice the amount of the security, in addition to
actual damages. The court may award damages for bad faith whenever
the facts warrant that award, regardless of whether the injured party
has specifically requested relief. In an action under this section,
the landlord or the landlord's successors in interest shall have the
burden of proof as to the reasonableness of the amounts claimed or
the authority pursuant to this section to demand additional security
deposits.
(m) No lease or rental agreement may contain a provision
characterizing any security as "nonrefundable."
(n) An action under this section may be maintained in small claims
court if the damages claimed, whether actual, statutory, or both,
are within the jurisdictional amount allowed by Section 116.220 or
116.221 of the Code of Civil Procedure.
(o) Proof of the existence of and the amount of a security deposit
may be established by any credible evidence, including, but not
limited to, a canceled check, a receipt, a lease indicating the
requirement of a deposit as well as the amount, prior consistent
statements or actions of the landlord or tenant, or a statement under
penalty of perjury that satisfies the credibility requirements set
forth in Section 780 of the Evidence Code.
(p) The amendments to this section made during the 1985 portion of
the 1985-86 Regular Session of the Legislature that are set forth in
subdivision (e) are declaratory of existing law.
(q) The amendments to this section made during the 2003 portion of
the 2003-04 Regular Session of the Legislature that are set forth in
paragraph (1) of subdivision (f) are declaratory of existing law.