NEW LAWS FOR 2008

SOME HIGHLIGHTS OF THE FOLLOWING NEW LAWS FOR 2008
(This page will be updated from time to time with new information or analysis.) 

LOCAL GOVERNMENTS AND LANDLORDS PROHIBITED FROM REQUIRING RESIDENCY STATUS INFORMATION FROM TENANTS IN RESIDENTIAL RENTALS

Civil Code 1940.3 prohibits any city or county from passing any law to compel a landlord to make an inquiry or otherwise take any action based on the immigration or
citizenship status of a residential tenant.  Besides restricting local governments, section 1940.3 prohibits landlords from making any inquiry regarding the residency status of a residential tenant.   Landlords may not require that a tenant make any statement or representation (including showing papers) of his/her residency status.  Such information is allowed, however, if required by Federal Law or to assess a tenant's financial qualifications or identity.

NUISANCE AS GROUNDS FOR EVICTION NOW TO INCLUDE
POSSESSION OF ILLEGAL WEAPONS/AMMUNITION

Nuisance by a tenant now includes possession of illegal weapons or ammunition along with the use of the property in furtherance of that offense.  Civil Code 3845 allows the City Attorney to require the landlord to commence an eviction lawsuit based on "...illegal conduct involving an unlawful weapons or ammunition purpose on real property..."  
 Prior law allowed for such a procedure for illegal drug use.  (This law is set to expire January 1, 2010.)
  A landlord may also evict with a 3 day notice to vacate based on nuisance under Code of Civil Procedure 1161(4) using possession of illegal weapons or ammunition as a basis of the eviction.

  Home | Useful links | Tenant Update | Archives | Contact Us

California law for San Diego is applied in these pages.  Such laws may or may not be applicable in other jurisdictions.  The information provided herein is of a general nature and is not intended to be taken as specific legal advice.  Legal summaries are only the opinion of the Tenants Legal Center and not a specific representation of any law.  For legal advice in a particular situation, promptly consult with an appropriate attorney.