Governor Signs Senate Bill 985, Effective 1/1/02 (11/7/01)

Governor Signs Senate Bill 985, Effective 1/1/02 (11/7/01)January 1, 2002. The first change is limited to Los Angeles, West Hollywood and Santa Monica, while the rest of the changes are applicable state-wide:

1. In the cities of Los Angeles, West Hollywood and Santa Monica only, tenants must be given a 60 day notice (rather than a 30 day notice) of termination of tenancy under new Civil Code Section 1946.1 for no-fault evictions where the tenant has lived in the unit for at least one year. The additional notice period does not apply to a single family dwelling or condo which has been sold and the purchaser intends to reside in the property for at least one year. This is a pilot program limited to the three cities for three years, but housing advocates will try to extend the provisions state-wide in the next legislature session.

2. Civil Code Section 1954.52(a) of Costa-Hawkins was amended to provide that condominium units which have not yet been sold by the subdivider are not exempt from rent control unless the subdivider resides in the unsold unit. This minor amendment addresses the rare situation where the subdivider rents rather than sells the units after converting the units to condominiums.

3. Civil Code Sections 1962, 1962.5, and 1962.7 were amended to require landlords to disclose in writing, either in the rental agreement or upon request of the tenant in the case of an oral agreement, information concerning how and to whom rent payments should be made. Landlords are also required to provide a copy of the rental agreement or a written statement of its terms upon the tenant"s request once each year.

4. Code of Civil Procedure Section 1161 was amended to require that a three-day notice to pay rent or quit, in addition to stating the amount of rent due, must also state the name, telephone number, and address of the person to whom rent payment shall be made, plus information concerning the manner in which payment shall be made. Failure to include the required information would presumably invalidate the notice and defeat the eviction action.

Click here for a link to the chaptered bill.