Bill Text: CA AB3352 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Housing Law: enforcement response to complaints.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-01 - Referred to Com. on HOUSING. [AB3352 Detail]

Download: California-2019-AB3352-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3352

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Introduced by Assembly Member Friedman

February 21, 2020

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An act to amend Section 1942 of the Civil Code, relating to real property.

LEGISLATIVE COUNSEL'S DIGEST

AB 3352, as introduced, Friedman. Hiring of real property: tenant remedies.

Existing law authorizes a tenant, if the landlord fails to make repairs on dilapidations that make the premises untenantable, after giving notice to a landlord or landlord’s agent, to make the repairs themselves within a reasonable time if the cost does not require expenditure of more than one month’s rent and to deduct the expenses from the rent when due, or instead to vacate the premises.

This bill would instead authorize a tenant in the above circumstances to make the repairs themselves within a reasonable time if the cost of the repairs does not require expenditure of more than two month’s rent.

Existing law provides that if a tenant acts to repair and deduct their expenses after the 30th day following notice, the tenant is presumed to have acted after a reasonable time.

The bill would revise the above timeframe to the 15th day following notice.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1942 of the Civil Code is amended to read:

1942.

 (a) If within a reasonable time after written or oral notice to the landlord or his the landlord’s agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which that the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where make the repair themselves if the cost of such the repairs does not require an expenditure more than one two month’s rent of the premises and deduct the expenses of such the repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.

(b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th 15th day following notice, he the tenant is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

(c) The tenant’s remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2.

(d) The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law.