Chapter 2Actionable Defects
Section § 789
If you're renting a place or have some other temporary living arrangement without a fixed end date, your landlord can end this arrangement by giving you a written notice. This notice must follow certain legal requirements and give you at least 30 days to move out.
Section § 789.3
This law states that landlords cannot intentionally cut off essential services like water and electricity, or block access to a rental property, to force a tenant to leave. It also prohibits landlords from taking a tenant's belongings without permission. If a landlord breaks these rules, they can be sued for damages, and a tenant can ask the court to stop the landlord's actions. Tenants can also recover legal fees if they win. These rules don't stop lawful evictions through proper legal processes.
Section § 790
Once a landlord gives proper notice to a tenant and the time given in that notice has passed, the landlord can take legal action to get their property back.
Section § 791
This law says that if a property owner (grantor or lessor) has the right to take back their property under a contract, they can do so after giving three days’ notice. However, no notice is needed if the rental agreement didn't specify a length of time, and it was ended according to Section 1946 of the Civil Code.
Section § 792
This law section points out that there's a specific set of rules in the Code of Civil Procedure that deals with situations where someone has taken over property by force or is keeping it unlawfully. If you need to get your property back from someone who is occupying it without your permission, the details are covered in another part of the law, specifically Sections 1159 to 1175.
Section § 793
If someone has the right to take back a property they've leased to someone else, they can go to court to reclaim it anytime after that right kicks in. They don't need to give the warning notice that's usually required in these situations.
Section § 840
If you own a life estate, you are responsible for maintaining buildings and fences to prevent typical wear and tear, paying regular taxes and yearly fees, and covering a fair share of unexpected costs that improve the entire property.
Section § 841
If you live next to someone else, you both have to maintain the boundary markers and shared fences between your properties. Normally, you're both responsible for half the costs of things like building, fixing, or replacing these fences unless you have a different agreement in writing. If you plan to work on a shared fence, you need to tell your neighbor 30 days ahead with details about the problem, the fix, costs, how costs will be split, and when the work will happen. This shared cost rule can be challenged if it's unfair, based on factors like financial strain or unreasonable expenses. A court could then decide on a different cost-sharing arrangement. 'Landowner' refers to anyone holding property rights, excluding government entities.
Section § 841.4
If you build a fence or structure over 10 feet high just to bother your neighbor, it's considered a private nuisance. The neighbor affected by this can take legal action to stop it.
Section § 843
This law explains what happens when two or more people own a property together and one person is being kept out of the property by another owner. If you're the owner who's kept out, you can send a letter to the other owner asking to share the property. If they don't let you in within 60 days, they're considered to be keeping you out unfairly, which is called 'ouster.' Then, you can take legal action for damages. But, if there's a previous agreement about who gets to use the property, this law won't apply. All parties can also agree on new terms, like one person paying rent if they are using the property alone.
Section § 845
If you own a private pathway, you must keep it in good condition. If multiple people own it, they share the repair costs based on how much they use it, unless they have an agreement saying otherwise. If someone doesn't pay their share, others can take them to court. Small claims court can be used if the amount is small. Alternatively, they can go to superior court for larger amounts, which may involve arbitration. Snow removal is considered a maintenance task if needed for access and not specifically excluded in agreements. This rule doesn't apply to railroad pathways.
Section § 846
This law says that if you own land in California, you generally don't have to keep it safe or warn visitors if they come for recreational activities like hiking or fishing. If you let people use your land for fun, it doesn't mean you guarantee their safety or take responsibility for accidents, unless you act with clear malicious intent or charge a fee for access. Also, if you specifically invite someone onto the land, different rules may apply. There is no new obligation created to maintain safety or assume liability because of this law.
Section § 846.1
This law section allows property owners and public entities to seek compensation for attorney's fees when they permit public use of their property for recreational purposes and face legal action. They can be reimbursed if the court dismisses the case or if they win. The fees must meet certain limits, such as not exceeding $25,000 in total or the Attorney General's rate. Exceptions are made if the state or public entity provides a legal defense. Overall reimbursement for all claims cannot surpass $200,000 per year.
Section § 846.2
This law says that if someone is allowed to come onto your land to pick leftover crops to donate, you aren't responsible for their injuries unless you were extremely careless or intentionally harmful. However, if you were paid for letting them pick the crops, this protection doesn't apply.
Section § 846.5
This section explains that professional land surveyors have the right to enter property to gather boundary evidence and perform surveys. Property owners or tenants must allow access without unnecessary delay, although prior notice isn't mandatory; they should be notified about the entry time if possible. These rules don't apply to freeway areas with restricted access. If surveyors need to access such areas, they can request help from the agency in charge of the freeway to mark points outside the restricted zone, which should be done quickly and without cost.
Section § 847
This law protects property owners, including government entities, from being held liable for injuries or deaths that happen on their property if the injured or deceased person was committing certain serious crimes at the time. These crimes include things like murder, rape, robbery, arson, and more. The owner isn't responsible if the crime caused the injury or death and if the person is charged and convicted of the felony or a related crime. However, property owners can still be held liable for their own reckless or harmful behavior. This law doesn't affect other legal defenses a property owner might have.
Section § 848
This section outlines the process mineral rights owners must follow before entering someone else's land. They must provide written notice to the property owner or lessee before entering the property. If they're doing non-disruptive activities, like surveying or testing, a five-day notice is required. For disruptive activities, like drilling, a 30-day notice is needed. In emergencies, this notice can be waived. Notices aren't required if there's already an agreement in place. If mineral rights owners skip giving notice, the landowner can ask the court to stop the mining activities until notice is given. Notice delivery needs to be acknowledged in writing.
Section § 882.020
This law section explains when a lien, which is a legal claim on property used as security for a debt, on real estate expires. Generally, a lien expires 10 years after the final maturity date or payment date if those dates are clear from the records. If they aren't clear, the lien expires 60 years after the lien was originally recorded. However, if a notice to preserve the lien is recorded, it extends the lien by 10 years from that notice. The law also mentions that a power of sale begins when a related deed is recorded. Extensions to these time limits are possible but must be recorded before the original expiration.
Section § 882.030
This law states that when the time limit for a mortgage or similar security interest expires, the lien is automatically considered gone, and you can't enforce it anymore. You don't need any paperwork to show that it's ended, but you can still file a document stating it's over if you want to.
Section § 882.040
This law says that all security interests in real estate, like mortgages and deeds of trust, are covered by this chapter from its start date. It doesn’t matter when they were created—whether before, on, or after that start date. However, it ensures that these liens won't become invalid or unenforceable until at least five years after this chapter starts being used.
Section § 896
This law outlines the standards builders and related parties must meet to avoid liability for damages from defects in construction of residential properties. Builders are liable if these standards aren't met, focusing on water intrusion, structural integrity, soil issues, fire protection, plumbing, and electrical systems. Specific areas such as windows, roofs, and decks must prevent water damage. The structure must not have significant cracks or be unsafe due to soil issues. Fire safety standards must be met, and plumbing and sewer systems should operate properly. There are limits on how long after construction legal action can be initiated for each kind of defect. Additionally, various components, from foundations to landscaping, have detailed requirements to prevent damage and ensure proper function.
Section § 897
This law states that any part of a building or its functions must meet specific standards. If these standards don't cover something, but it still causes damage, you can take legal action.