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SUMMARY OF
2003 LANDLORD-TENANT LEGISLATION
January, 2004
来自:
http://www.dca.ca.gov/legal/landlordbook/2004_legis_summary.pdf
This summarizes landlord-tenant legislation enacted by the California Legislature in 2003.
These new laws took effect on January 1, 2004. They are explained more fully in the related
publication, California Tenants -- A Guide to Residential Tenants’ and Landlords’ Rights and
Responsibilities 2003 edition with 2004 updates.
AB 647 (Nunez), Stats. 2003, ch. 109:
California law allows a tenant to sue a landlord for
up to $1,000 in damages if the landlord collects or demands rent on an uninhabitable dwelling. (房东不让你用冰箱,那那个房间就属于"uninhabitable dwelling")
The tenant may seek damages after the dwelling has been inspected by a housing official, the
official has issued a notice of violation to the landlord, and the violation has existed for 60 days
after the notice.
This new law makes a landlord liable, in addition, if the landlord issues a notice of rent
increase or an eviction notice following the housing official’s inspection and notice of violation.
The new law adds health and safety violations to the list of defects in a dwelling that may result
in liability. The new law reduces to 35 days the period of time that the violation must continue
to exist after the notice of violation.
The new law also increases to $5,000 the upper limit on
damages that a tenant can collect in the court action, and permits the recovery of court costs.
(For more information, see the “DEALING WITH PROBLEMS,” “Lawsuit for damages
as a remedy” section of California Tenants updated for 2004.)
Also under this new law, if a landlord brings an eviction action against a tenant for
nonpayment of rent, and the rental unit is found to be uninhabitable, the landlord is liable to the
tenant for reasonable attorneys’ fees and court costs.
AB 1059 (Lieber), Stats. 2003, ch. 542: This new law prohibits a landlord from seeking to
influence a tenant to move from a rental unit by (1) engaging in conduct that constitutes theft or
extortion, (2) using threats, force or menacing conduct that interferes with the tenant’s right to
quiet enjoyment of the rental, or (3) committing a significant and intentional violation of the
rules that limit the landlord’s right to enter the rental. The landlord may give the tenant certain
warning notices and explanations without violating this new law.
A tenant may sue a landlord
who violates this new law for civil penalties of up to $2,000 for each violation.
(For more information, see the “DEALING WITH PROBLEMS,” “INFLUENCING THE TENANT
TO MOVE” section of California Tenants updated for 2004.)
This new law also increases to $2,000 the maximum punitive damages that a court can award
a tenant against a landlord who has committed unlawful retaliatory acts against the tenant.
AB 1384 (Maddox), Stats. 2003, ch. 576, SB 90 (Torlakson) Stats. 2003, ch. 335:
California law requires a landlord to do one of two things with a tenant’s security deposit within
three weeks after the tenant moves:
the landlord must (1) return the tenant’s security deposit, or
(2) send the tenant an itemized statement showing the amounts of any deductions from the
deposit and the reasons for the deductions, together with a refund of any amounts not deducted. (房东必须返还你的押金,如果扣押金,必须给房客出具书面证明,说明为什么扣押金)
2
This new law clarifies that three-weeks means 21 calendar days. It also requires the landlord
to send the tenant copies of receipts for the charges that the landlord incurred to repair or clean
the rental unit and that the landlord deducted from the tenant’s security deposit. The landlord
must send the receipts with the itemized statement. The new law sets out rules for the landlord
to follow when, for example, the repairs cannot be completed or the landlord does not have the
receipts within the 21 days. The landlord is not required to provide receipts if the tenant waives
the right to receive them or if the repairs cost less than $126, unless the tenant requests receipts
after receiving the itemized statement.
California law also requires the landlord to perform an initial inspection of the rental unit
before the tenant moves out, if the tenant requests it. This new law clarifies that the landlord is
not required to perform an initial inspection if the landlord has served the tenant with a three-day
notice (an eviction notice) because the tenant failed to pay the rent, violated a provision of the
lease or rental agreement, materially damaged the property, committed a nuisance, or used the
property for an unlawful purpose.
(For more information, see the “MOVING OUT,” “REFUNDS OF SECURITY DEPOSITS”
section of California Tenants updated for 2004.)
SB 345 (Kuehl), Stats. 2003, ch. 787: California law limits the circumstances under which
a landlord may enter a tenant’s rental unit. For example,
a landlord who wants to enter a rental
to show it to a lender or contractor normally must first give the tenant reasonable advance
written notice of entry and may enter only during normal business hours. This new law requires
the landlord’s written notice to state the date, approximate time and purpose of entry. The new
law also allows the landlord and tenant to agree orally that the landlord will enter to make repairs
or provide services, and states other exceptions to the advance written notice requirement. (非紧急情况下,房东进入你租用的房间必须提前书面或口头通知你)
(For more information, see the “LIVING IN THE RENTAL UNIT,” “WHEN CAN THE
LANDLORD ENTER THE RENTAL UNIT?” section of California Tenants updated for 2004.)
Before this new law took effect, a Court Clerk could not allow access to court records in
eviction actions for 60 days following the date the complaint was filed, except, for example, to
one of the parties or their attorney. Under this new law, a court clerk cannot allow access to
court records in an eviction action at any time if the defendant (the tenant) prevails in the action
within 60 days after the complaint is filed.
California law requires that local housing authorities file annual reports with the Department
of Housing and Community Development. This new law requires that these reports include
specified information on terminations of tenancies of victims of domestic violence in housing
authority units.
Finally, this new law revises requirements related to service of the landlord’s complaint in an
eviction action.
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Prepared by: Division of Legal Affairs, Legal Services Unit, January, 2004