Residential rental properties: fees and security.
Summary
(1) Existing law regulates the hiring of real property and imposes various requirements on landlords relating to the application for, and leasing of, residential rental property. Existing law establishes provisions for the renewal or termination of a hiring of residential real property for an unspecified term. Existing law specifies the notice required for the termination of a hiring of residential property for an unspecified term. Existing law makes a tenant of real property guilty of unlawful detainer if, among other things, the tenant continues in possession of the real property after giving notice of termination of a hiring of residential property for an unspecified term. This bill would prohibit a landlord or its agent from charging a tenant a fee for serving, posting, or otherwise delivering any notice, as specified in the above-described provisions. (2) Existing law requires a landlord or landlord's agent to allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer, except as prescribed. This bill would prohibit a landlord or its agent from charging a tenant any fee for payment by check for rent or security deposit as described above. (3) Existing law prohibits a landlord from demanding or receiving security, however denominated, in an amount or value in excess of an amount equal to one month's rent, in addition to any rent for the first month paid on or before initial occupancy, except as provided. On or after April 1, 2025, if a landlord or agent charges a service member a higher than standard or advertised security as described above, this bill would require the landlord to provide the tenant with a written statement, on or before the date the lease is signed, of the amount of the higher security and an explanation why the higher security amount is being charged. The bill would require the additional amount of security to be returned to the tenant after no more than 6 months of residency if the tenant is not in arrears for any rent due during that period. (4) This bill would incorporate additional changes to Section 1946.1 of the Civil Code proposed by SB 1103 to be operative only if this bill and SB 1103 are enacted and this bill is enacted last. (5) This bill would incorporate additional changes to Section 1950.5 of the Civil Code proposed by AB 2801 to be operative only if this bill and AB 2801 are enacted and this bill is enacted last.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2023
Committee Review
Jul 2024
Senate Passage
May 2023
Assembly Passage
Aug 2024
Signed into Law
Sep 2024
Introduced Feb 15, 2023
Signed Sep 19, 2024
Floor votes · Senate May 31, 2023 · Assembly Aug 27, 2024
How they voted
32–3
Passed · 5 other
Total votes 40
May 31, 2023
D
Democratic31
96% Yea
R
Republican9
33% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
13
Committee
4
Amendments
10
Sep 19, 2024
Signed into law
Approved by the Governor.
legislature
Aug 28, 2024
Upper · Passed
Assembly amendments concurred in. (Ayes 31. Noes 6. Page 5586.) Ordered to engrossing and enrolling.
upper
Aug 28, 2024
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 27, 2024
Lower · Passed
Read third time. Passed. (Ayes 63. Noes 7. Page 6652.) Ordered to the Senate.
lower
Aug 22, 2024
Lower · Passed
Read third time and amended.
lower
Jul 2, 2024
Lower · Passed
From committee: Do pass. (Ayes 10. Noes 1.) (July 2).
lower
Jun 27, 2024
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 10, 2024
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 8, 2023
Committee
Referred to Com. on JUD.
lower
May 31, 2023
Upper · Passed
Read third time. Passed. (Ayes 32. Noes 3. Page 1404.) Ordered to the Assembly.
upper
May 25, 2023
Upper · Passed
Read third time and amended.
upper
May 4, 2023
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
May 3, 2023
Upper · Passed
From committee: Do pass as amended. (Ayes 10. Noes 1. Page 1012.) (May 2).
upper
Apr 25, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Mar 29, 2023
Committee
Re-referred to Com. on JUD.
upper
Mar 20, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 22, 2023
Committee
Referred to Com. on RLS.
upper
Feb 15, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Caroline Menjivar
DDemocratic
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