SOME HIGHLIGHTS OF THE FOLLOWING NEW LAWS FOR 2014
(This page will be updated from time to time with new information or analysis.)
VICTIMS OF DOMESTIC VIOLENCE / ABUSE
ADDITIONAL LEASE BREAK PROTECTIONS
Civil Code 1946.7 and Code of Civil Procedure section 1161.3 currently provide 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, stalking or elder abuse as defined, and be afforded protection in terminating a lease or from eviction. For 2014, Senate Bill 612 provides additional protections. As of January 1, 2014. victims of human trafficking were added for these protections.
Further, a victim seeking to terminate a lease (Civil Code 1946.7) may support proof of the abuse ( in addition to a Restraining Order or Police Report) with " 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." A "qualified third person" may be one "...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." This additional qualified third party documentation protection is set to expire December 31, 2015 however it appears that victims of human trafficking will still be included in the ongoing version of the law. There are exceptions and conditions to these protections outlined in the codes.
CONSUMER PROTECTION FOR TENANTS WHO USE "PREPAID RENTAL LISTING SERVICES"
SB 269 Provides that Prepaid Rental Listing Services are to be regulated by the California Bureau of Real Estate.
The Service must be licensed as a Prepaid Rental Listing Service or as a Real Estate Broker.
A contract must be provided to the tenant listing the complete license information (name, number etc.)
There must also be a complete description of the service to be performed including a detailed description of the
desired rental property as well as numerous other items such as a refund policy.
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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.