Unlawful detainer defined.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Pending Referral
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill clarifies the definition of ‘unlawful detainer’ under California law. Specifically, it makes a technical adjustment to Section 1161 of the Code of Civil Procedure, which outlines the circumstances under which a landlord can initiate a civil action to regain possession of a property. The changes primarily relate to the requirements for providing notice to a tenant before initiating legal proceedings.
Key provisions
- Defines ‘unlawful detainer’ as continued possession after lease expiration without landlord permission.
- Specifies notice requirements for rent defaults and covenant violations, including a three-day notice period.
- Clarifies service of notice requirements, including addressing situations with subtenants.
- Addresses tenancy at will and holding over after expiration of the term.
- Covers situations involving assignment, subletting, waste, or nuisance on the property.
- Details circumstances where a tenant’s notice to terminate a lease, coupled with a landlord’s acceptance, constitutes unlawful detainer.
- Prohibits landlords from charging tenants fees for serving notices.
- Defines ‘tenant’ to include individuals hiring real property.
Who is affected
- Landlords
- Tenants
- Property Owners
- Legal Professionals
- Real Estate Agents
Notable changes
Bill text
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Sponsors
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1 on record
Primary sponsor
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