California Code Pertaining to Real Property

California Seal  2Certain sections of the California Code of Civil Procedure have a direct impact on real property. In particular is California Code of Civil Procedure 1161 which addresses the possession of real property by a tenant or executor or administrator of an estate – and circumstances under which said persons could be found guilty of unlawful detainer.  Said grounds include a person remaining in a residence despite the lease or agreement’s expiration, cancellation or termination. This aspect extends to include a person occupying premises as a servant, employee, agent or licensee after the lawful termination or expiration of the agreement for occupancy. The code states that nothing shall prevent the tenant from being moved from the premises lawfully, with the exception of tenancy at will, wherein termination by notice is required.

Additional situations addressed under this code include:

  • a person staying without permission of a landlord after defaulting on rent payments or failing to honor the terms of the lease by withholding payment or subleasing the property.
  • the means by which the landlord is required to submit a request for payment (including payment guidelines) or submit an eviction notice.
  • provisions for tenancy involving agricultural lands, and the circumstances under which a tenant will not be guilty of unlawful detainer for a particular year. Upon receipt of notice, a tenant has to correct the violation.
  • tenants participating in waste on in premises (and thereby creating a public nuisance, for instance); and improper subleases the property. The code cites how the landlord must give notice in these circumstances and the number of days given to the tenant to correct the issue.
  • issues regarding court files of landlord and tenant court actions, including the factors which must be met for an individual or an attorney to gain access to said records.
  • how the court shall notice defendants in the action upon filing of a case for unlawful detainer (eviction) and what their notice shall require.
  • the conditions under which a landlord may not terminate a lease or refuse to renew a lease including a tenant or member of the tenant’s household that has experienced the following: domestic violence, stalking, sexual assault, or abuse of an elder or dependent adult, provided they meet certain requirements.
  • the meanings of “manufactured home,” “mobile home,” and “floating home,” and how the tenants of these dwellings and real property may be removed.
  • foreclosure on a rental unit on a month-to-month lease: the code states that a tenant or subtenant must be given 90 days notice to leave the premises and how if a tenant is on a fixed rental lease, then they shall retain occupancy to the premises, and the lease shall still be valid under the foreclosure, until the end of lease term.

This code is in effect until December 31, 2019, and is used by the court, tenants, landlords and their legal representatives concerning residency in a property.

 

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