General LL/T Law Flashcards
CCP 827
(a) Except for (b)(rent increases), any periodic tenancy landlord may give §1162 notice of change the terms of lease with 30 days (if rent, go to first day of next month) and the notice, when served, becomes new term if remains in possession after expiration of period.
(b) (1) If raising rent on periodic tenancy, must:
(A) By delivering a copy to the tenant personally.
(B) By serving a copy by mail pursuant §1013 CCP.
(2) If rent increase is 10% or less, 30 days notice via §1013
(3) If increase more than 10%, 60 days notice via §1013
(c) Can be longer by state or federal reg, or contract
CCP 1162
(a) Except for (b), can serve §1161 by either:
(1) Delivering to tenant personally.
(2) If absent from place of residence and
usual place of business, can leave with person of suitable age and discretion at either place, and mailing to tenant at residence (must actually be “absent” and make attempt first)
(3) If residence and business cannot be ascertained, or no person, can “nail” on property, and also delivering a copy to a person there if there is one there (ok if not); but must send a copy in mail (nail and mail can’t be first attempt, gotta knock first)
(b) If commercial tenant:
(1) Delivering to tenant personally.
(2) If absent from the commercial rental property,
leaving with some person of suitable age and discretion at
the property, and sending a copy to tenant at property.
(3) If, no person after reasonable diligence, nail and mail (difference from residential is necessity of due diligence)
CCP 1942.3
(a) In any UD, presumed landlord breached §1941habitability if all:
(1) The dwelling substantially lacks any characteristics in §1941.1, is declared substandard pursuant to §17920.3 of the Health and Safety Code, or contains lead hazards as defined in §17920.10 of the Health and Safety Code.
(2) Housing enforcement notified the landlord, in writing to abate or repair.
(3) Not fixed 60 days after notice.
(4) The conditions not caused by tenant in violation of §1929 or 1941.2.
(b) If all not met, can still raise claim/defense, just no presumption.
CCP 1946
Periodic Tenancy is renewed per 1945, with same terms unless written notice to the others of intent to terminate, term length notice, 30 day cap; The notice given per §1162 CCP or sending certified or registered mail. The notice MUST also include quoted abandoned property language.
CCP 1954
(a) A landlord may enter only:
(1) Emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of §1950.5.
(3) Abandoned or surrendered.
(4) Court order.
(b) Unless emergency or abandoned/surrendered the premises, can only enter normal business hours unless the tenant consents to other.
(c) Landlord may not abuse the right or use to harass tenant.
(d) (1) Except as in (e), or in (2) or (3), notice must be reasonable and in writing and include date, approximate time, and purpose of the entry. May be personally delivered, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable
person would discover the notice. Twenty-four hours shall be presumed to be reasonable. The notice may be mailed and six days prior is presumed reasonable.
(2) If the purpose is to show prospective or actual purchasers, may be given orally, in person or by telephone, if the landlord told tenant in writing within 120 days of the oral notice that property for sale and landlord or agent may contact the tenant orally for the purpose described above.24 hours is presumed reasonable. Notice shall include date, approximate time, and purpose. At entry, must leave written evidence of the entry.
(3) LL/T may agree orally for agreed repairs or agreed services, agreement needs date and approximate time of the entry, and be within one week of the agreement. If so, no need for writing.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) Tenant present and consents at entry time.
(3) Abandoned or surrendered.
CCP 1176
(a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered. Stay of judgment shall be granted when the court finds that the moving party will suffer extreme hardship in the absence of a stay and that the nonmoving party will not be irreparably injured by its issuance. If the stay is denied by the trial court, the defendant may forthwith file a petition for an extraordinary writ with the appropriate appeals court. If the trial or appellate court stays enforcement of the judgment, the court may condition the stay on whatever conditions the court deems just, but in any case it shall order the payment of the reasonable monthly rental value to the court monthly in advance as rent would otherwise become due as a condition of issuing the stay of enforcement. As used in this subdivision, “reasonable rental value” means the contract rent unless the rental value has been modified by the trial court in which case that modified rental value shall be used.
(b) A new cause of action on the same agreement for the rental of real property shall not be barred because of an appeal by any party.
1946.5
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 party giving written notice to the other of his or her
intention to terminate the hiring, at least as long before the
expiration of the term of the hiring as specified in Section 1946.
The notice shall be given in a manner prescribed in Section 1162 of
the Code of Civil Procedure or by certified or registered mail,
restricted delivery, to the other party, with a return receipt
requested.
(b) Upon expiration of the notice period provided in the notice of
termination given pursuant to subdivision (a), any right of the
lodger to remain in the dwelling unit or any part thereof is
terminated by operation of law. The lodger’s removal from the
premises may thereafter be effected pursuant to the provisions of
Section 602.3 of the Penal Code or other applicable provisions of
law.
(c) As used in this section, “lodger” means a person contracting
with the owner of a dwelling unit for a room or room and board within
the dwelling unit personally occupied by the owner, where the owner
retains a right of access to all areas of the dwelling unit occupied
by the lodger and has overall control of the dwelling unit.
(d) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.
