Chapter 2 - Hiring of Real Property

California Civil Code — §§ 1940-1954.071

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Sections (90)

§ 1940

Amended by Stats. 1996, Ch. 1023, Sec. 28. Effective September 29, 1996.

(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, however denominated.

(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 residents:

(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 common household.

(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.

§ 1940.05

Added by Stats. 2017, Ch. 489, Sec. 2. (AB 291) Effective January 1, 2018.

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 the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.

§ 1940.1

Amended by Stats. 2004, Ch. 950, Sec. 1. Effective January 1, 2005.

(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 check out and reregister, before the expiration of 30 days occupancy if a purpose is to have that occupant maintain transient occupancy status pursuant to paragraph (1) of subdivision (b) of Section 1940. Evidence that an occupant was required to check out and reregister shall create a rebuttable presumption, which shall affect solely the burden of producing evidence, of the purpose referred to in this

subdivision.

(b)In addition to any remedies provided by local ordinance, any violation of subdivision (a) is punishable by a civil penalty of five hundred dollars ($500). In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney’s fees.

(c)Nothing in this section shall prevent a local governing body from establishing inspection authority or reporting or recordkeeping requirements to ensure compliance with this section.

§ 1940.10

Added by Stats. 2014, Ch. 584, Sec. 2. (AB 2561) Effective January 1, 2015.

(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 rental unit.

(2)“Personal agriculture” means a use of land where an individual cultivates edible plant crops for personal use or donation.

(3)“Plant crop” means any crop in its raw or natural state, which comes from a plant that will bear edible fruits or vegetables. It shall not include marijuana or any unlawful crops or substances.

(b)A landlord shall permit a tenant to participate in personal agriculture in portable containers approved by the landlord in the tenant’s private area if the following conditions are met:

(1)The tenant regularly removes any dead plant material and weeds, with the exception of straw, mulch, compost, and any other organic materials intended to encourage vegetation and retention of moisture in soil, unless the landlord and tenant have a preexisting or separate agreement regarding garden maintenance where the tenant is not responsible for removing or maintaining plant crop and weeds.

(2)The plant crop will not interfere with the maintenance of the rental property.

(3)The placement of the portable containers does not interfere with any tenant’s parking spot.

(4)The placement and location of the portable containers may be determined by the landlord. The portable containers may not create a health and safety hazard, block doorways, or interfere with walkways or utility services or equipment.

(c)The cultivation of plant crops on the rental property other than that which is contained in portable containers shall be subject to approval from the landlord.

(d)A landlord may prohibit the use of synthetic chemical herbicides, pesticides, fungicides, rodenticides, insecticides, or

any other synthetic chemical product commonly used in the growing of plant crops.

(e)A landlord may require the tenant to enter into a written agreement regarding the payment of any excess water and waste collection bills arising from the tenant’s personal agriculture activities.

(f)Subject to the notice required by Section 1954, a landlord has a right to periodically inspect any area where the tenant is engaging in personal agriculture to ensure compliance with this section.

(g)This section shall only apply to residential real property that is improved with, or consisting of, a building containing not more than two units that are intended for human habitation.

§ 1940.2

Amended by Stats. 2017, Ch. 489, Sec. 3. (AB 291) Effective January 1, 2018.

(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 that violates subdivision (a) of Section 484 of the Penal Code.

(2)Engage in conduct that violates Section 518 of the Penal Code.

(3)Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant’s quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief.

(4)Commit a significant and intentional violation of Section 1954.

(5)Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.

(b)A

tenant who prevails in a civil action, including an action in small claims court, to enforce his or her rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.

(c)An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.

(d)This section does not enlarge or diminish a landlord’s right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a

prohibition against a landlord’s harassment of a tenant.

§ 1940.20

Added by Stats. 2015, Ch. 602, Sec. 1. (AB 1448) Effective January 1, 2016.

(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 or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a clothesline.

(2)“Drying rack” means an apparatus from which

laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a drying rack.

(3)“Private area” means an outdoor area or an area in the tenant’s premises enclosed by a wall or fence with access from a door of the premises.

(b)A tenant may utilize a clothesline or drying rack in the tenant’s private area if all of the following conditions are met:

(1)The clothesline or drying rack will not interfere with the maintenance of the rental property.

(2)The clothesline or drying rack will not create a health or safety hazard, block doorways, or interfere with walkways or utility service equipment.

(3)The tenant seeks the

landlord’s consent before affixing a clothesline to a building.

(4)Use of the clothesline or drying rack does not violate reasonable time or location restrictions imposed by the landlord.

(5)The tenant has received approval of the clothesline or drying rack, or the type of clothesline or drying rack, from the landlord.

§ 1940.3

Amended by Stats. 2017, Ch. 490, Sec. 1.5. (AB 299) Effective January 1, 2018.

(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 agent of the landlord to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding

or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.

(b)A landlord, or any agent of the landlord, shall not do any of the following:

(1)Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.

(2)Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.

(3)Disclose to any person or entity information regarding or relating to the immigration or citizenship status of any

tenant, prospective tenant, occupant, or prospective occupant of the rental property for the purpose of, or with the intent of, harassing or intimidating a tenant, prospective tenant, occupant, or prospective occupant, retaliating against a tenant or occupant for the exercise of his or her rights, influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling.

(c)This section does not prohibit a landlord from doing any of the following:

(1)Complying with any legal obligation under federal law, including, but not limited to, any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or a subpoena, warrant, or other order issued by a court.

(2)Requesting information or documentation necessary to determine

or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.

(d)For purposes of this section, both of the following shall apply:

(1)“Public entity” includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.

(2)“State” includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.

§ 1940.35

Added by Stats. 2017, Ch. 489, Sec. 5. (AB 291) Effective January 1, 2018.

(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 to the immigration or citizenship status of any tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, for the purpose of, or with the intent of, harassing or intimidating a tenant or occupant, retaliating against a tenant or occupant for the exercise of his or her

rights, influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling, irrespective of whether the tenant or occupant currently resides in the dwelling.

(b)If a court of applicable jurisdiction finds a violation of this section in a proceeding initiated by a party or upon a motion of the court, the court shall do all of the following:

(1)For each person whose status was so disclosed, order the landlord to pay statutory damages in an amount to be determined in the court’s discretion that is between 6 and 12 times the monthly rent charged for the dwelling in which the tenant or occupant resides or resided.

(2)Issue injunctive relief to prevent the landlord from engaging in similar conduct with respect to other tenants, occupants, and persons known to the landlord to be associated

with the tenants or occupants.

(3)Notify the district attorney of the county in which the real property for hire is located of a potential violation of Section 519 of the Penal Code.

(c)A landlord is not in violation of this section if he or she is complying with any legal obligation under federal law, or subpoena, warrant, or order issued by a court.

(d)In making findings in a proceeding under this section, a court may take judicial notice under subdivision (d) of Section 452 of the Evidence Code of the proceedings and records of any federal removal, inadmissibility, or deportation proceeding.

(e)A court shall award to the prevailing party in an action under this section attorney’s fees and costs.

(f)The remedies provided by this section shall be in addition to any other remedies provided by statutory or decisional law.

(g)Any waiver of a right under this section by a tenant, occupant, or person known to the landlord to be associated with a tenant or occupant shall be void as a matter of public policy.

(h)An action for injunctive relief pursuant to this section may be brought by a nonprofit organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, as amended. That organization shall be considered a party for purposes of this section.

§ 1940.4

Added by Stats. 2011, Ch. 383, Sec. 1. (SB 337) Effective January 1, 2012.

(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 election or legislative vote, including an election of a candidate to public office.

(2)The initiative, referendum, or recall process.

(3)Issues that are before a public commission, public board, or elected local body for a vote.

(b)Political signs may be posted or displayed in the window or on the door of the premises leased by the tenant in a multifamily dwelling, or from the yard, window, door, balcony, or outside wall of the premises leased by a tenant of a single-family dwelling.

(c)A landlord may prohibit a tenant from posting or displaying political signs in the following circumstances:

(1)The political sign is more than six square feet in size.

(2)The posting or displaying would violate a local, state, or federal law.

(3)The posting or displaying

would violate a lawful provision in a common interest development governing a document that satisfies the criteria of Section 1353.6.

(d)A tenant shall post and remove political signs in compliance with the time limits set by the ordinance for the jurisdiction where the premises are located. A tenant shall be solely responsible for any violation of a local ordinance. If no local ordinance exists or if the local ordinance does not include a time limit for posting and removing political signs on private property, the landlord may establish a reasonable time period for the posting and removal of political signs. A reasonable time period for this purpose shall begin at least 90 days prior to the date of the election or vote to which the sign relates and end at least 15 days following the date of the election or vote.

(e)Notwithstanding any other provision of law, any changes in the

terms of a tenancy that are made to implement the provisions of this section and are noticed pursuant to Section 827 shall not be deemed to cause a diminution in housing services, and may be enforced in accordance with Section 1161 of the Code of Civil Procedure.

§ 1940.41

Added by Stats. 2023, Ch. 630, Sec. 1. (SB 712) Effective January 1, 2024.

(a)For purposes of this section:

(1)“Personal micromobility device” means a device with both of the following characteristics:

(A)It is powered by the physical exertion of the rider or an electric motor.

(B)It is designed to transport one individual or one adult accompanied by up to three minors.

(2)“Secure, long-term storage” means a location with all of the following characteristics:

(A)Access is limited to residents of

the same housing complex.

(B)It is located on the premises.

(C)It is reasonably protected against precipitation.

(D)It has a minimum of one standard electrical connection for each personal micromobility device that will be stored and recharged in that location.

(E)Tenants are not charged for its use.

(b)A landlord shall not prohibit a tenant from either of the following:

(1)Owning personal micromobility devices.

(2)(A) Storing and recharging up to one personal micromobility device in their dwelling unit for each person occupying the unit if the personal micromobility device meets one of the following:

(i)Is not powered by an electric motor.

(ii) Complies with the following safety standards:

(I) For e-bikes, UL 2849, the Standard for Electrical Systems for E-bikes, as recognized by the United States Consumer Product Safety Commission, or EN 15194, the European Standard for electrically powered assisted cycles (EPAC Bicycles).

(II) For e-scooters, UL 2272, the Standard for Electrical Systems for Personal E-Mobility Devices, as recognized by the United States Consumer Product Safety Commission, or EN 17128, the European Standard for personal light electric vehicles (PLEV).

(iii) Is insured by the tenant under an insurance policy covering storage of the device within the tenant’s dwelling unit. The owner may prohibit the tenant from charging a device in the unit if the device does not meet the standards in subclauses (I) and (II) of clause (ii).

(B) Subparagraph (A) does not apply if the landlord provides the tenant secure, long-term storage for the tenant’s personal micromobility devices.

(C) Subparagraphs (A) and (B) do not apply to circumstances in which an occupant of the unit requires the use of a personal micromobility device as an accommodation for a disability.

(c)This section does not require a landlord to modify or approve a tenant’s request to modify a rental dwelling unit for the purpose of storing a micromobility device inside of the dwelling unit.

(d)This section does not prohibit a landlord from doing any of the following:

(1)(A) Prohibiting repair or maintenance on batteries and motors of personal micromobility devices within a dwelling unit.

(B)Subparagraph (A) does not prohibit a tenant from changing a flat tire or adjusting the brakes on a personal micromobility device within the unit.

(2)Requiring a tenant to store a personal micromobility device in compliance with applicable fire code.

(3)Requiring a tenant to store a personal micromobility device in compliance with the

Office of State Fire Marshal Information Bulletin 23-003 regarding lithium-ion battery safety, issued April 3, 2023, or any updated guidance issued by the Office of the State Fire Marshal regarding lithium-ion battery safety, if such bulletin or guidance is provided to the tenant by the landlord.

(e)This section does not limit the rights and remedies available to disabled persons under federal or state law.

§ 1940.45

Added by Stats. 2019, Ch. 154, Sec. 1. (SB 652) Effective January 1, 2020.

(a)Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.

(b)To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or

other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:

(1)Threatens the public health or safety.

(2)Hinders the opening or closing of any entry door.

(3)Violates any federal, state, or local law.

(4)Contains graphics, language or any display that is obscene or otherwise illegal.

(5)Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12

square inches, provided it does not exceed the size of the door.

(c)As used in this section, the following terms have the following meanings:

(1)“Property owner” means all of the following:

(A)An association, as that term is defined in Section 4080.

(B)A board, as that term is defined in Section 4085.

(C)A member, as that term is defined in Section

4160.

(D)A landlord, as that term is defined in Section 1940.8.5.

(E)A sublessor.

(2)“Religious item” means an item displayed because of sincerely held religious beliefs.

§ 1940.5

Amended by Stats. 1996, Ch. 1137, Sec. 52. Effective January 1, 1997.

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.

§ 1940.6

Added by Stats. 2002, Ch. 285, Sec. 1. Effective January 1, 2003.

(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 unit shall give written notice of that fact to:

(1)A prospective tenant prior to the occurrence of any of the following actions by the owner or the owner’s agent:

(A)Entering into a rental agreement with a prospective tenant.

(B)Requiring or accepting payment from the prospective tenant for an application screening fee, as provided in Section 1950.6.

(C)Requiring or accepting any other fees from a prospective tenant.

(D)Requiring or accepting any writings that would initiate a tenancy.

(2)A current tenant, including a tenant who has entered into a rental agreement but has not yet taken possession of the dwelling unit, prior to applying to the public agency for the permit to demolish that residential dwelling unit.

(b)The notice shall include the earliest possible approximate date on which the owner expects the demolition to occur and the approximate date on which the owner will terminate the tenancy. However,

in no case may the demolition for which the owner or the owner’s agent has applied occur prior to the earliest possible approximate date noticed.

(c)If a landlord fails to comply with subdivision (a) or (b), a tenant may bring an action in a court of competent jurisdiction. The remedies the court may order shall include, but are not limited to, the following:

(1)In the case of a prospective tenant who moved into a residential dwelling unit and was not informed as required by subdivision (a) or (b), the actual damages suffered, moving expenses, and a civil penalty not to exceed two thousand five hundred dollars ($2,500) to be paid by the landlord to the tenant.

(2)In the case of a current tenant who was not informed as required by subdivision (a) or (b), the actual damages suffered, and a civil penalty not to

exceed two thousand five hundred dollars ($2,500) to be paid by the landlord to the tenant.

(3)In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney’s fees.

(d)The remedies available under this section are cumulative to other remedies available under law.

(e)This section shall not be construed to preempt other laws regarding landlord obligations or disclosures, including, but not limited to, those arising pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.

(f)For purposes of this section:

(1)“Residential dwelling unit” has the same meaning as that contained in Section

1940.

(2)“Public agency” has the same meaning as that contained in Section 21063 of the Public Resources Code.

§ 1940.7

Added by Stats. 1989, Ch. 294, Sec. 2.

(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 munition exploding in a residential area that was formerly a military ordnance location, has demonstrated (1) the unique and heretofore unknown risk that there are other live munitions in former ordnance locations in California, (2) that these former ordnance locations need to be identified by the federal, state, or local authorities, and (3) that the people living in the neighborhood of these former ordnance locations should be notified of their

existence. Therefore, it is the intent of the Legislature that the disclosure required by this section is solely warranted and limited by (1) the fact that these former ordnance locations cannot be readily observed or discovered by landlords and tenants, and (2) the ability of a landlord who has actual knowledge of a former ordnance location within the neighborhood of his or her rental property to disclose this information for the safety of the tenant.

(b)The landlord of a residential dwelling unit who has actual knowledge of any former federal or state ordnance locations in the neighborhood area shall give written notice to a prospective tenant of that knowledcge prior to the execution of a rental agreement. In cases of tenancies in existence on January 1, 1990, this written notice shall be given to tenants as soon as practicable thereafter.

(c)For purposes of this section:

(1)“Former federal or state ordnance location” means an area identified by an agency or instrumentality of the federal or state government as an area once used for military training purposes and which may contain potentially explosive munitions.

(2)“Neighborhood area” means within one mile of the residential dwelling.

§ 1940.8

Added by Stats. 2000, Ch. 234, Sec. 2. Effective January 1, 2001.

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 registered structural pest control company pursuant to Section 8538 of the Business and Professions Code, if a contract for periodic pest control service has been executed.

§ 1940.9

Added by Stats. 1989, Ch. 861, Sec. 1.

(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 or gas service to that tenant’s dwelling unit and the landlord or his or her agent has knowledge that gas or electric service provided through a tenant’s meter serves an area outside the tenant’s dwelling unit, the landlord, prior to the inception of the tenancy or upon discovery, shall explicitly disclose that condition to the tenant and shall do either of the following:

(1)Execute a mutual written agreement with the tenant for payment by the tenant of the cost of the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit.

(2)Make other arrangements, as are mutually agreed in writing, for payment for the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit. These arrangements may include, but are not limited to, the landlord becoming the customer of record for the tenant’s meter, or the landlord separately metering and becoming the customer of record for the area outside the tenant’s dwelling unit.

(b)If a landlord fails to comply with subdivision (a), the aggrieved tenant may bring an action in a court of competent jurisdiction. The remedies the court may order shall include, but are not limited to, the following:

(1)Requiring the landlord to be made the customer of record with the utility for the tenant’s meter.

(2)Ordering the landlord to reimburse the tenant for payments made by the tenant to the utility for service to areas outside of the tenant’s dwelling unit. Payments to be reimbursed pursuant to this paragraph shall commence from the date the obligation to disclose arose under subdivision (a).

(c)Nothing in this section limits any remedies available to a landlord or tenant under other provisions of this chapter, the rental agreement, or applicable statutory or common law.

§ 1941.1

Amended by Stats. 2025, Ch. 342, Sec. 1. (AB 628) Effective January 1, 2026.

(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 residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:

(1)Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

(2)Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.

(3)A water supply approved under applicable law that is under the

control of the tenant, capable of producing hot and cold running

water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.

(4)Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.

(5)Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.

(6)Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all

accumulations of debris, filth, rubbish, garbage, rodents, and vermin.

(7)An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under their control.

(8)Floors, stairways, and railings maintained in good repair.

(9)A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.

(10)Except as provided in subdivision (b), a stove that is maintained in good working order and capable of safely generating heat for cooking purposes. A stove that is subject to a recall by the manufacturer or a public entity is not capable of safely generating heat for cooking purposes. This paragraph shall only apply to a lease entered into, amended, or extended on or after January 1, 2026.

(11)(A) Except as provided in subdivision (b) and subparagraph (B), a refrigerator that is maintained in good working order and capable of safely storing food.

A refrigerator that is subject to recall by the manufacturer or a public entity is not capable of safely storing food.

(B)A tenant

and landlord may mutually agree when the lease is signed if the tenant chooses to provide and maintain their own refrigerator, provided that all of the following apply:

(i)The lease contains a statement in substantially the following form:

“Under state law, the landlord is required to provide a refrigerator in good working order in your unit. By

checking this box, you acknowledge that you have asked to bring your own refrigerator and that you are responsible for keeping that refrigerator in working order.”

(ii) The lease provides that the tenant may, with 30 days written notice, inform the landlord that they no longer wish to keep their own refrigerator in the unit, and that at the end of the 30-day notice period, the landlord shall install a refrigerator in good working order in the unit.

(iii) A landlord shall not condition a tenancy upon the tenant providing their own refrigerator.

(iv) The landlord shall not be responsible for the maintenance of a refrigerator provided by the tenant.

2026.

(b)The characteristics described in paragraphs (10) and (11) of subdivision (a) shall not apply to any of the following:

(1)Permanent supportive housing, as that term is defined in paragraph (2) of subdivision (c) of Section 8698.4 of the Government Code.

(2)A single-room occupancy unit that provides living and sleeping space for the exclusive use of the occupant, including those in which occupants share food preparation facilities with occupants.

(3)A unit in a residential hotel, as that term is defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code.

(4)A dwelling unit within a housing facility that offers shared or communal kitchen spaces to its residents, including a dwelling unit within an assisted living facility.

(c)(1) A landlord shall repair or replace a stove or refrigerator

that is subject to recall by the manufacturer or a public entity, as described in paragraphs (10) and (11) of subdivision (a), within 30 days of receiving notice that the stove or refrigerator is subject to recall.

(2)Nothing in this subdivision shall be construed to prohibit a tenant from exercising any remedy authorized under Section 1942.

(d)Nothing in this section shall be interpreted to prohibit a tenant or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.

§ 1941.2

Amended by Stats. 1979, Ch. 307.

(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 substantial violation of any of the following affirmative obligations, provided the tenant’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s obligation under Section 1941 to effect the necessary repairs:

(1)To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits.

(2)To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner.

(3)To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits.

(4)Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing.

(5)To occupy the premises as his abode, utilizing portions thereof for living, sleeping, cooking or dining purposes only which were respectively designed or intended to be used for such occupancies.

(b)Paragraphs (1) and (2) of subdivision (a) shall not apply if the landlord has expressly agreed in writing to perform the act or acts mentioned therein.

§ 1941.3

Added by Stats. 1997, Ch. 537, Sec. 1. Effective January 1, 1998.

(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 following:

(1)Install and maintain an operable dead bolt lock on each main swinging entry door of a dwelling unit. The dead bolt lock shall be installed in conformance with the manufacturer’s specifications and shall comply with applicable state and local codes including, but not limited to, those provisions relating to fire and life safety and

accessibility for the disabled. When in the locked position, the bolt shall extend a minimum of13/16of an inch in length beyond the strike edge of the door and protrude into the doorjamb.

This section shall not apply to horizontal sliding doors. Existing dead bolts of at least one-half inch in length shall satisfy the requirements of this section. Existing locks with a thumb-turn deadlock that have a strike plate attached to the doorjamb and a latch bolt that is held in a vertical position by a guard bolt, a plunger, or an auxiliary mechanism shall also satisfy the requirements of this section. These locks, however, shall be replaced with a dead bolt at least13/16of an inch in length the first time after July 1, 1998, that the lock requires repair or replacement.

Existing doors which cannot be equipped with dead bolt locks shall satisfy the requirements of this section if the door is equipped with a metal strap affixed horizontally across the midsection of the door with a dead bolt which extends13/16of an inch in length beyond the strike edge of the door and protrudes into the doorjamb. Locks and security devices other than those described herein which are inspected and approved by an appropriate state or local government agency as providing adequate security shall satisfy the requirements of this section.

(2)Install and maintain operable window security or locking devices for windows that are designed to be opened. Louvered windows, casement windows, and all windows more than 12 feet vertically or six feet horizontally from the ground, a roof, or any other

platform are excluded from this subdivision.

(3)Install locking mechanisms that comply with applicable fire and safety codes on the exterior doors that provide ingress or egress to common areas with access to dwelling units in multifamily developments. This paragraph does not require the installation of a door or gate where none exists on January 1, 1998.

(b)The tenant shall be responsible for notifying the owner or his or her authorized agent when the tenant becomes aware of an inoperable dead bolt lock or window security or locking device in the dwelling unit. The landlord, or his or her authorized agent, shall not be liable for a violation of subdivision (a) unless he or she fails to correct the violation within a reasonable time after he or she either has actual notice of a deficiency or receives notice of a deficiency.

(c)On and after July 1, 1998, the rights and remedies of tenant for a violation of this section by the landlord shall include those available pursuant to Sections 1942, 1942.4, and 1942.5, an action for breach of contract, and an action for injunctive relief pursuant to Section 526 of the Code of Civil Procedure. Additionally, in an unlawful detainer action, after a default in the payment of rent, a tenant may raise the violation of this section as an affirmative defense and shall have a right to the remedies provided by Section 1174.2 of the Code of Civil Procedure.

(d)A violation of this section shall not broaden, limit, or otherwise affect the duty of care owed by a landlord pursuant to existing law, including any duty that may exist pursuant to Section 1714. The delayed applicability of the requirements of subdivision (a) shall not affect a landlord’s duty to maintain the premises in safe condition.

(e)Nothing in this section shall be construed to affect any authority of any public entity that may otherwise exist to impose any additional security requirements upon a landlord.

(f)This section shall not apply to any building which has been designated as historically significant by an appropriate local, state, or federal governmental jurisdiction.

(g)Subdivisions (a) and (b) shall not apply to any building intended for human habitation which is managed, directly or indirectly, and controlled by the Department of Transportation. This exemption shall not be construed to affect the duty of the Department of Transportation to maintain the premises of these buildings in a safe condition or abrogate any express or implied statement or promise of the Department of Transportation to provide secure premises. Additionally,

this exemption shall not apply to residential dwellings acquired prior to July 1, 1997, by the Department of Transportation to complete construction of state highway routes 710 and 238 and related interchanges.

§ 1941.4

Amended by Stats. 2013, Ch. 183, Sec. 5. (SB 745) Effective January 1, 2014.

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 for placing and maintaining the inside telephone wiring in good working order, shall ensure that the inside telephone wiring meets the applicable standards of the most recent California Electrical Code, and shall make any required repairs. The lessor shall not restrict or interfere with access by the telephone utility to its

telephone network facilities up to the demarcation point separating the inside wiring.

“Inside telephone wiring” for purposes of this section, means that portion of the telephone wire that connects the telephone equipment at the customer’s premises to the telephone network at a demarcation point determined by the telephone corporation in accordance with orders of the Public Utilities Commission.

§ 1941.5