California Civil Code Section 1940
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California Laws > Civil Code > California Civil Code Section 1940
1940. (a) Except as provided in subdivision (b), this chapter shall
apply to all persons who hire dwelling units located within this
state including tenants, lessees, boarders, lodgers, and others,
(b) The term "persons who hire" shall not include a person who
maintains either of the following:
(1) Transient occupancy in a hotel, motel, residence club, or
other facility when the transient occupancy is or would be subject to
tax under Section 7280 of the Revenue and Taxation Code. The term
"persons who hire" shall not include a person to whom this paragraph
pertains if the person has not made valid payment for all room and
other related charges owing as of the last day on which his or her
occupancy is or would be subject to tax under Section 7280 of the
Revenue and Taxation Code.
(2) Occupancy at a hotel or motel where the innkeeper retains a
right of access to and control of the dwelling unit and the hotel or
motel provides or offers all of the following services to all of the
(A) Facilities for the safeguarding of personal property pursuant
to Section 1860.
(B) Central telephone service subject to tariffs covering the same
filed with the California Public Utilities Commission.
(C) Maid, mail, and room services.
(D) Occupancy for periods of less than seven days.
(E) Food service provided by a food establishment, as defined in
Section 113780 of the Health and Safety Code, located on or adjacent
to the premises of the hotel or motel and owned or operated by the
innkeeper or owned or operated by a person or entity pursuant to a
lease or similar relationship with the innkeeper or person or entity
affiliated with the innkeeper.
(c) "Dwelling unit" means a structure or the part of a structure
that is used as a home, residence, or sleeping place by one person
who maintains a household or by two or more persons who maintain a
(d) Nothing in this section shall be construed to limit the
application of any provision of this chapter to tenancy in a dwelling
unit unless the provision is so limited by its specific terms.
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Last modified: October 1, 2013