California Civil Code CHAPTER 2 - Hiring of Real Property

  • Section 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,...
  • Section 1940.05.
    For purposes of this chapter, “immigration or citizenship status” includes a perception that the person has a particular immigration status or citizenship status, or that...
  • Section 1940.1.
    (a) No person may require an occupant of a residential hotel, as defined in Section 50519 of the Health and Safety Code, to move, or to...
  • Section 1940.2.
    (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1) Engage in conduct...
  • Section 1940.3.
    (a) A public entity shall not, by ordinance, regulation, policy, or administrative action implementing any ordinance, regulation, policy, or administrative action, compel a landlord or any...
  • Section 1940.35.
    (a) It is unlawful for a landlord to disclose to any immigration authority, law enforcement agency, or local, state, or federal agency information regarding or relating...
  • Section 1940.4.
    (a) Except as provided in subdivision (c), a landlord shall not prohibit a tenant from posting or displaying political signs relating to any of the following:(1) An...
  • 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...
  • Section 1940.6.
    (a) The owner of a residential dwelling unit or the owner’s agent who applies to any public agency for a permit to demolish that residential dwelling...
  • Section 1940.7.
    (a) The Legislature finds and declares that the December 10, 1983, tragedy in Tierra Santa, in which lives were lost as a result of a live...
  • Section 1940.8.
    A landlord of a residential dwelling unit shall provide each new tenant that occupies the unit with a copy of the notice provided by a...
  • Section 1940.8.5.
    (a) For purposes of this section, the following terms have the following meanings: (1) “Adjacent dwelling unit” means a dwelling unit that is directly beside, above, or...
  • Section 1940.9.
    (a) If the landlord does not provide separate gas and electric meters for each tenant’s dwelling unit so that each tenant’s meter measures only the electric...
  • Section 1940.10.a.
    (a) For the purposes of this section, the following definitions shall apply:(1) “Private area” means an outdoor backyard area that is on the ground level of the...
  • Section 1940.20.a.
    (a) For purposes of this section, the following definitions shall apply:(1) “Clothesline” includes a cord, rope, or wire from which laundered items may be hung to dry...
  • Section [1941.].
     Section Nineteen Hundred and Forty-one. The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to...
  • Section 1941.1.
    (a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a...
  • Section 1941.2.
    (a)  No duty on the part of the landlord to repair a dilapidation shall arise under Section 1941 or 1942 if the tenant is in...
  • Section 1941.3.
    (a) On and after July 1, 1998, the landlord, or his or her agent, of a building intended for human habitation shall do all of the...
  • Section 1941.4.
    The lessor of a building intended for the residential occupation of human beings shall be responsible for installing at least one usable telephone jack and...
  • Section 1941.5.
    (a) This section shall apply if a person who is restrained from contact with the protected tenant under a court order or is named in a...
  • Section 1941.6.
    (a) This section shall apply if a person who is restrained from contact with a protected tenant under a court order is a tenant of the...
  • Section 1941.7.
    (a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of...
  • Section 1942.
    (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of...
  • Section 1942.1.
    Any agreement by a lessee of a dwelling waiving or modifying his rights under Section 1941 or 1942 shall be void as contrary to public...
  • Section 1942.2.
    A tenant who has made a payment to a utility pursuant to Section 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or 16481.1 of the Public...
  • Section 1942.3.
    (a) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that the...
  • Section 1942.4.
    (a) A landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay...
  • Section 1942.5.
    (a) If the lessor retaliates against the lessee because of the exercise by the lessee of his or her rights under this chapter or because of...
  • Section 1942.6.
    Any person entering onto residential real property, upon the invitation of an occupant, during reasonable hours or because of emergency circumstances, for the purpose of...
  • Section 1942.7.
    (a) A person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual’s or corporation’s agents or successors...
  • Section 1943.
    A hiring of real property, other than lodgings and dwelling-houses, in places where there is no custom or usage on the subject, is presumed to...
  • Section 1944.
    A hiring of lodgings or a dwelling house for an unspecified term is presumed to have been made for such length of time as the...
  • Section 1945.
    If a lessee of real property remains in possession thereof after the expiration of the hiring, and the lessor accepts rent from him, the parties...
  • Section 1945.5.
    Notwithstanding any other provision of law, any term of a lease executed after the effective date of this section for the hiring of residential real...
  • Section 1946.
    A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the...
  • Section 1946.1.
    (a) Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in...
  • Section 1946.5.
    (a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by either...
  • Section 1946.7.
    (a) A tenant may notify the landlord that he or she or a household member was a victim of an act that constitutes an act of...
  • Section 1947.
    When there is no usage or contract to the contrary, rents are payable at the termination of the holding, when it does not exceed one...
  • Section 1947.3.
    (a) (1) Except as provided in paragraph (2), a landlord or a landlord’s agent shall allow a tenant to pay rent and deposit of security by at...
  • Section 1947.5.
    (a) A landlord of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as...
  • Section 1947.6.
    (a) For any lease executed, extended, or renewed on and after July 1, 2015, a lessor of a dwelling shall approve a written request of a...
  • Section 1947.7.
    (a) The Legislature finds and declares that the operation of local rent stabilization programs can be complex and that disputes often arise with regard to standards...
  • Section 1947.8.
    (a) If an ordinance or charter controls or establishes a system of controls on the price at which residential rental units may be offered for rent...
  • Section 1947.9.
    (a) (1) Notwithstanding any local law to the contrary, for those units governed by the local rent stabilization ordinance in the City and County of San Francisco,...
  • Section 1947.10.
    (a) After July 1, 1990, in any city, county, or city and county which administers a system of controls on the price at which residential rental...
  • Section 1947.11.
    (a) In any city, county, or city and county which administers a system of controls on the price at which residential rental units may be offered...
  • Section 1947.15.
    (a) The Legislature declares the purpose of this section is to:(1) Ensure that owners of residential rental units that are subject to a system of controls on...
  • Section 1948.
    The attornment of a tenant to a stranger is void, unless it is made with the consent of the landlord, or in consequence of a...
  • Section 1949.
    Every tenant who receives notice of any proceeding to recover the real property occupied by him or her, or the possession of the real property,...
  • Section 1950.
    One who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary; and...
  • Section 1950.5.
    (a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant.(b) As used in this section,...
  • Section 1950.6.
    (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or...
  • Section 1950.7.
    (a) Any payment or deposit of money the primary function of which is to secure the performance of a rental agreement for other than residential property...
  • Section 1950.8.
    (a) This section applies only to commercial leases and nonresidential tenancies of real property.(b) It shall be unlawful for any person to require, demand, or cause to...
  • Section 1951.
    As used in Sections 1951.2 to 1952.6, inclusive:(a) “Rent” includes charges equivalent to rent.(b) “Lease” includes a sublease.(Added by Stats. 1970, Ch. 89.)
  • Section 1951.2.
    (a) Except as otherwise provided in Section 1951.4, if a lessee of real property breaches the lease and abandons the property before the end of the...
  • Section 1951.3.
    (a) Real property shall be deemed abandoned by the lessee, within the meaning of Section 1951.2, and the lease shall terminate if the lessor gives written...
  • Section 1951.4.
    (a) The remedy described in this section is available only if the lease provides for this remedy. In addition to any other type of provision used...
  • Section 1951.5.
    Section 1671, relating to liquidated damages, applies to a lease of real property.(Amended by Stats. 1977, Ch. 198.)
  • Section 1951.7.
    (a) As used in this section, “advance payment” means moneys paid to the lessor of real property as prepayment of rent, or as a deposit to...
  • Section 1951.8.
    Nothing in Section 1951.2 or 1951.4 affects the right of the lessor under a lease of real property to equitable relief where such relief is...
  • Section 1952.
    (a) Except as provided in subdivision (c), nothing in Sections 1951 to 1951.8, inclusive, affects the provisions of Chapter 4 (commencing with Section 1159) of Title...
  • Section 1952.2.
    Sections 1951 to 1952, inclusive, do not apply to:(a) Any lease executed before July 1, 1971.(b) Any lease executed on or after July 1, 1971, if the...
  • Section 1952.3.
    (a) Except as provided in subdivisions (b) and (c), if the lessor brings an unlawful detainer proceeding and possession of the property is no longer in...
  • Section 1952.4.
    An agreement for the exploration for or the removal of natural resources is not a lease of real property within the meaning of Sections 1951...
  • Section 1952.6.
    (a) Sections 1951 to 1952.2, inclusive, shall not apply to any lease or agreement for a lease of real property between any public entity and any...
  • Section 1952.7.
    (a) (1) Any term in a lease that is executed, renewed, or extended on or after January 1, 2015, that conveys any possessory interest in commercial property...
  • Section 1952.8.
    On and after the effective date of this section, no owner of a gasoline service station shall enter into a lease with any person for...
  • Section 1953.
    (a) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights...
  • Section 1954.
    (a) A landlord may enter the dwelling unit only in the following cases:(1) In case of emergency.(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply...
  • Section 1954.05.
    In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the...

Last modified: October 22, 2018