SOME HIGHLIGHTS OF THE FOLLOWING NEW LAWS FOR 2012
(This page will be updated from time to time with new information or analysis.)
VICTIMS OF DOMESTIC VIOLENCE MAY BREAK A LEASE
Civil Code 1946.7 was originally added in 2008 and provides that a tenant may notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking, as defined, and intends to terminate the tenancy. The tenant must attach a copy of a temporary restraining order or emergency protective order, or a copy of a specified written report by a peace officer, to the notice. The tenant may then quit the premises and the tenant would be discharged from payment of rent for any period following 30 days from the date of the notice, or as specified. IN 2012 THE LAW WAS AMENDED to provide that the notice to terminate the tenancy shall be given within 180 days (instead of the 60 days in the 2008 version of the law) of the date the order was issued or the report was made, or as specified. The code specifies that the non released party remains obligated under the lease.
LANDLORDS CAN PROHIBIT SMOKING AT THE PREMISES
Civil Code 1947.5 is created by SB 332 and provides, in part:
"(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 104556 of the Health and Safety Code, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with this article. (b) (1) Every lease or rental agreement entered into on or after January 1, 2012, for a residential dwelling unit on property on any portion of which the landlord has prohibited the smoking of cigarettes or other tobacco products pursuant to this article shall include a provision that specifies the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit. (2) For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes or other tobacco products in any portion of the property in which smoking was previously permitted shall constitute a change of the terms of tenancy, requiring adequate notice in writing,
to be provided in the manner prescribed in Section 827."
NEW LAW PROVIDES MORE NOTICE AND INFORMATION TO POTENTIAL
BUYERS OF FORECLOSED PROPERTIES AND TO OWNERS WHO ARE FACING A
Beginning April 1, 2012, this law (SB-4 ) will require, in addition to the current pre-foreclosure notices, that the notice of sale, given pursuant to a deed of trust or mortgage secured by real property containing from one to 4 single-family residences, contain language notifying potential bidders of specified risks involved in bidding on property at a trustee's sale, and a notice to the property owner informing the owner about how to obtain information regarding any postponement of the sale. The bill would require a good faith effort to be made to provide current information regarding sale dates and postponements and that the information be available free of charge. The bill would permit the information to be provided by any means that provides continuous access, as specified.
RENTER'S RIGHTS TO POST POLITICAL SIGNS
SB 337 creates Civil Code section 1940.4 which prohibits landlords from prohibiting a tenant
to post political signs subject to certain exceptions, restrictions and limitations.
RENTER'S RIGHTS TO RECYCLING
AB 818 states that Multifamily residential facilities with 5 or more units must provide recycling facilities to tenants unless excluded by one of several exceptions including lack of appropriate space, increased cost over other routine waste of 30% and if there is no recycling business serving that property.
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California law for San Diego is applied in these pages. This is not represented to be a full and complete list of all laws that may or may not affect tenants or occupants in properties 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 are not intended nor should they be relied upon as any specific representation of any law. For legal advice in a particular situation, promptly consult with an appropriate attorney.