SB 1243

SB1243:v96#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 1243

An act to amend and repeal Sections 1785.20.4 and 1942.9 of, and to add and repeal Section 1946.6 of, the Civil Code, and to amend, add, and repeal Section 1161 of, and to add and repeal Section 1788.65 of, of the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL'S DIGEST

SB 1243, as amended, Durazo. Unlawful detainer: Tenant Protections for Immigrant Families Act of 2026.

Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant to be served a 3 days’ notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified.

This bill, the Tenant Protections for Immigrant Families Act of 2026, 2026 (Act), would, until January 1, 2030, prohibit an owner of residential real property, as defined, from initiating or continuing an unlawful detainer action to evict a tenant whose income, ability to obtain income, or financial support is impacted by immigration enforcement activities until 180 days after the conclusion of those immigration enforcement activities, as specified. The bill would require a tenant to submit a declaration of detention-related hardship to the owner that includes a specified statement in order for these protections to take effect. Any person who knowingly provides false information in the declaration would be subject to a civil fine of up to $1,500. no sooner than 90 days after the tenant or household member’s detention-related hardship ends, as specified. The bill would require a court to stay the proceeding of a pending unlawful detainer action against a covered tenant if certain conditions are satisfied, including that the tenant provides the court with documentation specified documentation, such as a signed declaration of detention-related hardship that includes a specified statement, that the tenant or household member suffered a detention-related hardship that prevented them from paying the unpaid rent alleged in the unlawful detainer action. Any person who knowingly provides false information in the declaration of detention-related hardship would be subject to a civil fine of up to $1,500. Under the bill, if a tenant has raised detention-related hardship as an affirmative defense, an owner of residential real property may request an evidentiary hearing regarding the tenant’s detention-related hardship stay of the unlawful detainer action, at which the tenant must prove by a preponderance of the evidence their detention-related hardship. The bill would prohibit the owner from charging or collecting any late fees, interest, or other penalties related to the nonpayment of rent by a tenant subject to these provisions. Within 90 days after the end of the detention-related hardship, the bill would require the tenant to either pay all past due rent or enter into a mutually agreed upon payment plan with the owner of the residential real property.

For purposes of the Act, this bill would define “immigration enforcement activities” to include any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal immigration law, including any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States. The bill would define “detention-related hardship” to mean, among other things, loss of income or financial support by the tenant or household member due to immigration enforcement activities and the loss of income or increased costs or out-of-pocket expenses due to effects sustained by the tenant or household member from immigration enforcement activities. detention, arrest, or ordered removal of a tenant or household member by any federal law enforcement agency.

This bill would require a 3 days’ notice to cure a default or perform a condition of the lease, or return possession of the property to the landlord, to include a specified statement advising the tenant that they cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of detention-related hardship to the landlord within 15 days.

This bill would prohibit a landlord from charging a tenant subject to these provisions fees assessed for the late payment of that rental debt. The bill would prohibit a person from selling or assigning any unpaid debt as a result of detention-related hardship. The bill would prohibit a housing provider or tenant screening company from using an alleged debt as a result of detention-related hardship as a negative factor for the purpose of evaluating a prospective housing application or as the basis for refusing to rent a dwelling unit to an otherwise qualified prospective tenant. The bill would delete similar provisions related to debts as a result of COVID-19 rental debt.

The bill would require the Judicial Council to review its existing forms and develop new forms to effectuate these provisions.

The bill would repeal these provisions on January 1, 2030.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) California is home to more than 10 million immigrants, the nation’s largest by population and proportion, including nearly 2 million undocumented residents, who enrich our communities, strengthen our economy, and contribute to the cultural and social fabric of the Golden State.

(b) United States Immigration and Customs Enforcement (ICE) and the United States Department of Homeland Security (ICE) has have targeted grocery stores, car washes, business vendors, construction sites, and garment factories in predominantly Latino communities.

(c) United States citizens, based on their skin color and appearance, have been unlawfully harassed, handcuffed, arrested, and deported.

(d) Californians have experienced and documented countless instances of federal agents targeting and harassing residents based on the color of their skin, regardless of immigration status.

(e) Since June 6, 2025, ICE, along with armed federal agents, has conducted military style immigration raids and arrests at work sites, homes, and public spaces, creating a climate of fear among immigrants dropping their children off at school, going to work, attending faith services, seeking medical or emergency services, or shopping for essential needs.

(f) Since June 6, 2025, over 10,000 33,000 individuals have been arrested in the indiscriminate raids at work sites, homes, and public spaces across Southern California. Nationally, there are over 70,000 131,000 individuals in detention, one of the highest numbers of detained individuals in our nation’s history. As a result, many residents are unable to move freely due to the threat of harassment, violence, and abduction, forcing them to shelter-in-place and impacting their ability to work, access critical medical care, and provide for their families.

(g) In addition to the threat of violence and abduction, many families are also grappling with the fear of eviction due to an inability to safely go to work.

(h) California immigrants are more likely to be rent burdened than their native-born counterparts. Undocumented renters of multi-unit housing spend an additional seven hundred dollars ($700) on housing per year because of their undocumented status.

(i) In 2023, 62 percent of undocumented renters in California were burdened by housing costs compared with 57 percent for all California immigrant renters. Thirty-one percent of all immigrant renters and 34 percent of undocumented renters were severely rent burdened, paying more than 50 percent of their household income on rent.

(j) In addition to deportations, ICE raids drive “widespread income loss, housing insecurity, and the looming threat of mass displacement” for California’s immigrant renters.

(k) Los Angeles County immigrant renters’ average weekly earnings fell from seven hundred ninety-nine dollars and twenty-five cents ($799.25) before the raids to three hundred four dollars and fifty-seven cents ($304.57) afterward, a 62 percent drop. Since the raids, renters reported spending 91 percent of their income on rent, on average, putting them at dire risk of eviction.

SEC. 2.

Section 1942.9 of the Civil Code is amended to read:

1942.9.

(a) Notwithstanding any other law, a landlord shall not, with respect to a tenant who has rental debt as a result of detention-related hardship, as that term is defined in Section 1946.6 of the Civil Code, do either of the following:

(1) Charge a tenant, or attempt to collect from a tenant, fees assessed for the late payment of that rental debt.

(2) Increase fees charged to the tenant or charge the tenant fees for services previously provided by the landlord without charge.

(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 3.

Section 1946.6 is added to the Civil Code, to read:

1946.6.

(a) This section shall be known and may be cited as the Tenant Protections for Immigrant Families Act of 2026.

(b) For purposes of this section:

(1) “Covered tenant” means a person who lives in California and whose income, ability to obtain income, or financial support, is impacted by immigration enforcement activities.

(2)“Covered time period” means 180 days after the conclusion of immigration enforcement activities that caused the detention-related hardship.

(3)

(2) “Detention-related hardship” means any of the following: the loss of income or financial support by the tenant or household member due to detention, arrest, or ordered removal of a tenant or household member by any federal law enforcement agency.

(A)The loss of income or financial support by the tenant or household member due to immigration enforcement activities.

(B)The loss of income or increased costs or out-of-pocket expenses due to effects sustained by the tenant or household member from immigration enforcement activities.

(C)The loss of income due to reduced hours or closure of the workplace in which the tenant or household member works, including loss of self-employment income, in direct response to immigration enforcement activities, including increased presence or raids conducted by immigration enforcement authorities.

(D)Increased costs or out-of-pocket expenses for childcare to care for children whose parents or guardians have been transferred to a detention facility or barred from reentry into the United States.

(E)Increased costs or out-of-pocket expenses for attending to a family member who was injured as a result of immigration enforcement activities.

(F)Other circumstances related to immigration enforcement activities that have reduced a tenant’s income or increased a tenant’s expenses.

(4)

(3) “Household member” means a member of the tenant’s household who lives in the same residential unit as the tenant.

(5)

(4) “Immigration enforcement activities” includes all of the following:

(A) Any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal immigration law, including any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States.

(B) The detention, arrest, or removal of any person by any federal law enforcement agency, regardless of the individual’s immigration status or United States citizenship status, whether naturalized or born in the United States, during an immigration enforcement action.

(C)The increased presence of raids conducted by immigration enforcement authorities.

(6)

(5) “Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, including a predecessor in interest to the owner, and includes the owner or operator of a mobilehome park or their agent.

(7)

(6) “Residential real property” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.

(c) Notwithstanding any other law:

(1)An owner shall not initiate or continue an unlawful detainer action pursuant to Section 1161 of the Code of Civil Procedure to evict a covered tenant that complies with the requirements of subdivision (e) for nonpayment of rent for the duration of the covered period.

(2)If the conditions listed in subdivision (f) are satisfied in a pending unlawful detainer action against a covered tenant, the court shall stay the proceedings if the covered tenant’s ability to pay rent is affected by detention-related hardships.

(3)

(1) An owner shall not charge or collect any late fees, interest, or other penalties related to the nonpayment of rent by a covered tenant during the covered time period.

(d) A covered tenant of residential real property may assert detention-related hardship as an affirmative defense in any unlawful detainer proceeding for nonpayment of rent pursuant to Section 1161 of the Code of Civil Procedure. A tenant who asserts detention-related hardship as a defense shall provide to the court any of the following:

(e)(1)To qualify for the protections under paragraph (1) of subdivision (c), a covered tenant shall provide a signed declaration of detention-related hardship to the owner within 15 days, excluding Saturday, Sunday, and judicial holidays, from when the owner issued the 3-day notice to pay or quit.

(2)

(1) Documentation from a third party, based on information received by that third party, that the covered tenant or household member suffered a detention-related hardship that prevented the covered tenant from paying the unpaid rent alleged in the unlawful detainer action.(2) Documentation that reasonably verifies that the detention-related hardship prevented the tenant from paying the unpaid rent alleged in the unlawful detainer action.(3) A signed declaration of detention-related hardship.

(e) A declaration of detention-related hardship shall include the following statement:

“I am/The covered tenant is currently unable to pay my rent or other financial obligations under the lease in full because of one or more of the following: the loss of income or financial support resulting from the arrest, detention, or ordered removal of myself or a member of my household by federal immigration enforcement authorities.

(1)The loss of income or financial support by the tenant orhousehold member, or immediate family member due to thedetention by federal immigration enforcement authorities including,but not limited to, removal proceedings, transfer to detentionfacilities, bar from reentry into the United States.

(2)The loss of income or increased costs or out-of-pocket expenses due to injuries sustained by the tenant, household member, or immediately family from detention, removal proceedings, transfer to detention facilities, or immigration enforcement activities including increased presence or raids conducted by immigration enforcement authorities.

(3)The loss of income due to reduced hours or closure of the workplace in which the tenant, household member, or immediate family member works, including loss of self-employment income, in direct response to immigration enforcement activities including increased presence or raids conducted by immigration enforcement authorities.

(4)Increased costs or out-of-pocket expenses for childcare to care for children whose parents or guardians have been detained.

(5)Increased costs or out-of-pocket expenses for attending to a family member who was injured from detention, removal proceedings, or immigration enforcement activities including increased presence or raids conducted by immigration enforcement authorities.

(6)Other circumstances related to the detention by the federal immigration enforcement authorities including, but not limited to, removal proceedings, transfer to detention facilities, bar from reentry into the United States that limit have reduced a tenant’s income or increased a tenant’s expense.

Any public assistance, including unemployment insurance, unemployment assistance, state disability insurance (SDI), or paid family leave, that I have/the covered tenant has received since the start of the detention-related hardship does not fully make up for my loss of income and/or increased expenses.

Signed:_____

Name:_____

Dated:_____

If not the covered tenant, Relationship to Covered Tenant:_____”

(3)

(f) Any person who knowingly provides false information in the signed declaration of a detention-related hardship to the owner shall be subject to a civil fine in an amount up to one thousand five hundred dollars ($1,500), in addition to other remedies available to the owner.

(f)The court shall stay a unlawful detainer action pursuant to this section if the tenant satisfies all of the following:

(1)The tenant successfully provides the declaration of detention-related hardship described in subdivision (e) to the owner within the time period prescribed by subdivision (e).

(2)The tenant provides the court with either of the following:

(A)Documentation from a third party, based on information received by that third party, that the covered tenant or household member suffered a detention-related hardship that prevented the covered tenant from paying the unpaid rent alleged in the unlawful detainer action.

(B)Any other form of documentation that reasonably verifies that the detention-related hardship prevented the tenant from paying the unpaid rent alleged in the unlawful detainer action.

(g) (1) If the tenant provides the evidence required by subdivisions (e) and (f), subdivision (d), the court shall stay the unlawful detainer action until the earlier of either of the following, whichever comes first: no sooner than 90 days after the tenant or household member’s detention-related hardship ends.

(2) If a tenant has raised detention-related hardship as an affirmative defense, the landlord may request an evidentiary hearing regarding the tenant’s detention-related hardship stay of the unlawful detainer action. If an evidentiary hearing is requested by the landlord, the tenant must prove at the hearing by a preponderance of the evidence that they have a detention-related hardship.

(1)180 days after the tenant or household member’s detention-related hardship ends.

(2)180 days after the covered time period.

(h) This section does not relieve a covered tenant of the obligation to pay rent, but may prevent the court from issuing a judgment of possession or a writ of execution in favor of the owner in an unlawful detainer action.

(1) Within 90 days after the end of the detention-related hardship, a tenant shall do either of the following:(A) Pay all past due rent.(B) Enter into a mutually agreed upon payment plan with the owner of the residential real property.

(i) Notwithstanding any other law, an owner shall not do any of the following:

(1) Disclose or threaten to disclose a tenant’s immigration status to any person or entity for the purpose of harassing, intimidating, or retaliating against the tenant pursuant to Section 1940.3 of the Civil Code.

(2) Threaten to disclose a tenant’s immigration status to influence a tenant or tenant’s household to vacate a dwelling pursuant to Section 1940.2 of the Civil Code.

(3) Ask about a tenant's, tenant’s or household member’s, citizenship or immigration status.

(j) Each unlawful detainer action covered under this section shall remain sealed and masked pursuant to Section 1161.2 of the Code of Civil Procedure.

(k) (1) If an owner fails to comply with any provision of this section, any written termination of the lease shall be rendered as void.

(2) An owner who attempts to recover possession of a residential unit in violation of the section shall be liable to the tenant in a civil action for any and all of the following:

(A) Actual damages.

(B) Reasonable attorneys attorney’s fees and costs.

(C) Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. The court may also award punitive damages for the benefit of the tenant against the owner.

(l) The Attorney General, in the name of the people of the State of California, and the city attorney or county counsel in the jurisdiction in which the rental unit is located, in the name of the city or county, may seek injunctive relief based on violations of this section.

(m) Any waiver of the rights under this section shall be void as contrary to public policy.

(n) This section does not enlarge or diminish any ability of local government to impose or enforce any local laws or requirements upon an owner that provide greater protection to a tenant.

(o) The Judicial Council shall review its forms that may be used by a party to assert in the responsive pleading the grounds set forth in this section as an affirmative defense to an unlawful detainer action and, by January 1, 2027, 2028, make any changes to those forms that the Judicial Council deems necessary to conform them to this section.

(p) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 4.

Section 1785.20.4 of the Civil Code is amended to read:

1785.20.4.

(a) A housing provider, tenant screening company, or other entity that evaluates tenants on behalf of a housing provider shall not use an alleged debt as a result of detention-related hardship, as defined in Section 1946.6 of the Civil Code, as a negative factor for the purpose of evaluating a prospective housing application or as the basis for refusing to rent a dwelling unit to an otherwise qualified prospective tenant.

(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 5.Section 1161 of the Code of Civil Procedure is amended to read:

1161.

A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:

1.When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.

2.When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.

(a)The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.

(b)A notice that demands payment of rent shall comply with the following:

(i)The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of detention-related hardship, as defined by Section 1946.6 of the Civil Code, to the landlord within 15 days, excluding Saturday, Sunday, and judicial holidays, from when the landlord issues the 3-day notice to pay or quit, by any of the methods specified in subdivision (c).

(ii)The notice described in clause (i) shall include the following text in at least 12-point font:

“NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income or increased expenses due to immigration detention-related hardships, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose these eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.

You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.

For information about legal resources that may be available to you, visit lawhelpca.org.”

(iii)The Judicial Council shall create forms to effectuate this subdivision by January 1, 2027.

(c)A declaration of detention-related hardship may be delivered to the landlord by any of the following methods:

(i)In person, if the landlord indicates in the notice, in the rental agreement, or in a notice of change of ownership or management under Section 1962 of the Civil Code, at an address at which rent may be delivered in person.

(ii)By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered, or if the landlord and tenant negotiated the tenancy by email, if they signed the rental agreement electronically, or if a permissible email contact is indicated in a notice of change of ownership or management under Section 1962 of the Civil Code.

(iii)Through United States mail to the address indicated by the landlord in the notice, or in the rental agreement, or in a notice of change of ownership or management under Section 1962 of the Civil Code, for purposes of delivery rent. If the landlord does not provide an address pursuant to paragraph (2) of subdivision (a) of Section 1962 of the Civil Code, then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord that the declaration is received by the landlord on the date posted if the tenant can show proof of mailing to the address provided by the landlord.

3.When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.

A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that person’s unlawful detention of the premises underlet to or held by that person.

4.Any tenant, subtenant, or executor or administrator of that person’s estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlord’s successor in estate, shall upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.

5.When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.

6.A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.

7.As used in this section, “tenant” includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.

8.This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 6.Section 1161 is added to the Code of Civil Procedure, to read:

1161.

A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:

1.When the tenant continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the landlord, if applicable; including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee, has been lawfully terminated or the time fixed for occupancy by the agreement between the parties has expired; but nothing in this subdivision shall be construed as preventing the removal of the occupant in any other lawful manner; but in case of a tenancy at will, it shall first be terminated by notice, as prescribed in the Civil Code.

2.When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.

(a) The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the landlord, if applicable, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year, and the holding over for that period shall be taken and construed as a consent on the part of a tenant to hold for another year.

3.When the tenant continues in possession, in person or by subtenant, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for the payment of rent, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture; provided, if the conditions and covenants of the lease, violated by the lessee, cannot afterward be performed, then no notice, as last prescribed herein, need be given to the lessee or the subtenant, demanding the performance of the violated conditions or covenants of the lease.

A tenant may take proceedings, similar to those prescribed in this chapter, to obtain possession of the premises let to a subtenant or held by a servant, employee, agent, or licensee, in case of that person’s unlawful detention of the premises underlet to or held by that person.

4.Any tenant, subtenant, or executor or administrator of that person’s estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlord’s successor in estate, shall upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.

5.When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender which is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice, without the permission of the landlord, or the successor in estate of the landlord, if applicable.

6.A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.

7.As used in this section, “tenant” includes any person who hires real property except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.

8.This section shall become operative on January 1, 2030.

SEC. 7.SEC. 5.

Section 1788.65 is added to the Code of Civil Procedure, to read:

1788.65.

(a) Notwithstanding any other law, a person shall not sell or assign any unpaid debt as a result of detention-related hardship, as defined in Section 1946.6 of the Civil Code.

(b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.