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California Civil Code Section 1940.5

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1940.5

An owner or an owner's agent shall not refuse to rent a
dwelling unit in a structure which received its valid certificate of
occupancy after January 1, 1973, to an otherwise qualified
prospective tenant or refuse to continue to rent to an existing
tenant solely on the basis of that tenant's possession of a waterbed
or other bedding with liquid filling material where all of the
following requirements and conditions are met:
   (a) A tenant or prospective tenant furnishes to the owner, prior
to installation, a valid waterbed insurance policy or certificate of
insurance for property damage.  The policy shall be issued by a
company licensed to do business in California and possessing a Best's
Insurance Report rating of "B" or higher.  The insurance policy
shall be maintained in full force and effect until the bedding is
permanently removed from the rental premises.  The policy shall be
written for no less than one hundred thousand dollars ($100,000) of
coverage.  The policy shall cover, up to the limits of the policy,
replacement value of all property damage, including loss of use,
incurred by the rental property owner or other caused by or arising
out of the ownership, maintenance, use, or removal of the waterbed on
the rental premises only, except for any damage caused intentionally
or at the direction of the insured, or for any damage caused by or
resulting from fire.  The owner may require the tenant to produce
evidence of insurance at any time.  The carrier shall give the owner
notice of cancellation or nonrenewal 10 days prior to this action.
Every application for a policy shall contain the information as
provided in subdivisions (a), (b), and (c) of Section 1962 and
Section 1962.5.
   (b) The bedding shall conform to the pounds-per-square foot weight
limitation and placement as dictated by the floor load capacity of
the residential structure.  The weight shall be distributed on a
pedestal or frame which is substantially the dimensions of the
mattress itself.
   (c) The tenant or prospective tenant shall install, maintain and
remove the bedding, including, but not limited to, the mattress and
frame, according to standard methods of installation, maintenance,
and removal as prescribed by the manufacturer, retailer, or state
law, whichever provides the higher degree of safety.  The tenant
shall notify the owner or owner's agent in writing of the intent to
install, remove, or move the waterbed.  The notice shall be delivered
24 hours prior to the installation, removal, or movement.  The owner
or the owner's agent may be present at the time of installation,
removal, or movement at the owner's or the owner's agent's option.
If the bedding is installed or moved by any person other than the
tenant or prospective tenant, the tenant or prospective tenant shall
deliver to the owner or to the owner's agent a written installation
receipt stating the installer's name, address, and business
affiliation where appropriate.
   (d) Any new bedding installation shall conform to the owner's or
the owner's agent's reasonable structural specifications for
placement within the rental property and shall be consistent with
floor capacity of the rental dwelling unit.
   (e) The tenant or prospective tenant shall comply with the minimum
component specification list prescribed by the manufacturer,
retailer, or state law, whichever provides the higher degree of
safety.
   (f) Subject to the notice requirements of Section 1954, the owner,
or the owner's agent, shall have the right to inspect the bedding
installation upon completion, and periodically thereafter, to insure
its conformity with this section.  If installation or maintenance is
not in conformity with this section, the owner may serve the tenant
with a written notice of breach of the rental agreement.  The owner
may give the tenant three days either to bring the installation into
conformity with those standards or to remove the bedding, unless
there is an immediate danger to the structure, in which case there
shall be immediate corrective action.  If the bedding is installed by
any person other than the tenant or prospective tenant, the tenant
or prospective tenant shall deliver to the owner or to the owner's
agent a written installation receipt stating the installer's name and
business affiliation where appropriate.
   (g) Notwithstanding Section 1950.5, an owner or owner's agent is
entitled to increase the security deposit on the dwelling unit in an
amount equal to one-half of one months' rent.  The owner or owner's
agent may charge a tenant, lessee, or sublessee a reasonable fee to
cover administration costs.  In no event does this section authorize
the payment of a rebate of premium in violation of Article 5
(commencing with Section 750) of Chapter 1 of Part 2 of Division 1 of
the Insurance Code.
   (h) Failure of the owner, or owner's agent, to exercise any of his
or her rights pursuant to this section does not constitute grounds
for denial of an insurance claim.
   (i) As used in this section, "tenant" includes any lessee, and
"rental" means any rental or lease.

Last modified: January 12, 2009