SB 1267

Bill Subjects

Abstract

Existing law requires an owner of a dwelling structure containing one or more units offered to the public for rent or for lease for residential purposes, or a party signing a rental agreement or lease on behalf of the owner, to provide certain information to a tenant, including, among other things, disclosure in the rental agreement or lease the name and contact information of the person or entity to whom rent payments are required to be made and, if rent payments may be made personally, the usual days and hours that the person will be available to receive the payments, or, at the owner's option, the rental agreement or lease instead is required to disclose the number of the account in a financial institution located within 5 miles of the rental property into which rent payments may be made, and the name and street address of the institution, or the information necessary to establish an electronic funds transfer procedure for paying the rent. This bill would require that the address for payment in person be within 5 miles of the rental property and that the rental agreement or lease disclose a name and address to which rent may be paid by mail. Existing law provides that a party who enters into a rental agreement on behalf of an owner who fails to comply with laws requiring that certain information be provided to a tenant is deemed an agent of each person who is an owner for, among other things, receiving rental payments, which may be made in cash, by check, by money order, or in any form previously accepted by the owner or agent, unless the form of payment has been specified in the rental agreement or the tenant has been notified by the owner in writing that a particular form of payment is unacceptable. This bill would omit the specific reference to cash, check, or money order and instead would authorize payment in any manner disclosed in the rental agreement or lease pursuant to these provisions. Existing law, if personal delivery is not allowed, requires that it be conclusively presumed that upon mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed receivable by the owner on the date posted, if the tenant can show proof of mailing. This bill would require that presumption to be applied regardless of whether personal delivery is allowed. Existing law provides that a tenant of real property is guilty of unlawful detainer in certain circumstances, including when the tenant continues in possession without permission of the landlord after default in the payment of rent and 3 days' notice requiring its payment or possession of the property was served on the tenant, as specified. This bill would recast and clarify that provision. Existing law provides various methods for serving notices in unlawful detainer proceedings, including the service of notice to a tenant, whose place of residence and business cannot be ascertained or there is not a person of suitable age or discretion with whom to leave a copy, by affixing a copy in a conspicuous place on the property, delivering a copy to a person living on the property if such person can be found, and sending a copy through the mail addressed to the tenant at the place where the property is situated. This bill would add that the copy sent through the mail to the tenant be with proof of service by mail. Existing law, commonly known as the Ellis Act, generally prohibits public entities from adopting any statute, ordinance, or regulation, or taking any administrative action, to compel the owner of residential real property to offer or to continue to offer accommodations, as defined, in the property for rent or lease. Existing law authorizes a public entity to enact by ordinance or statute procedures for an owner to notify the entity of his or her intention to withdraw accommodations from rent or lease and for an owner to notify the tenant of specified information. Existing law provides, if the tenant or lessee is at least 62 years of age or disabled, as defined, and has lived in the accommodations for at least one year before the notice of intent to withdraw has been filed with the entity, the date of withdrawal of the accommodations of that tenant or lessee is extended for one year after delivery of the notice to the public entity and certain other requirements apply. This bill would additionally apply that extension if the tenant or lessee has a custodial or family relationship with a pupil enrolled in a primary or secondary school who lives in the accommodations, as specified. Existing law authorizes a public entity to also require the owner to notify the tenant of, among other things, his or her right to extended tenancy for one year after delivery of the notice if that tenant or lessee is at least 62 years of age or disabled and has lived in those accommodations for at least one year prior to the above-referenced notice of intent to withdraw accommodations from rent or lease. This bill would additionally authorize a public entity to require the owner to provide notice of this right to extend tenancy to a tenant or lessee that has a custodial or family relationship with a pupil enrolled in a primary or secondary school who lives in the accommodations, as specified. This bill also would make technical changes.