Section § 1961

Explanation

This law applies to any building with one or more housing units that is rented or leased for people to live in.

This chapter shall apply to every dwelling structure containing one or more units offered to the public for rent or for lease for residential purposes.

Section § 1962

Explanation

If you own a rental property or manage one, you need to provide your tenants with certain important details. These include the names and contact information of people managing the property and where rent should be paid. You also need to inform tenants about how and when rent payments can be made. A copy of the lease must be given within 15 days after signing, and each year if requested. If the rental is agreed verbally, these details must be given in writing in the same time frame. Any new owner or manager must update this information quickly, and failure to do so may prevent eviction for missed rent. If someone acts on your behalf without following these rules, they're considered your representative for legal purposes. Lastly, if the owner's address provided doesn't accept personal deliveries, mailed notices or rent checks are assumed received when sent with proof of mailing.

(a)CA Civil Law Code § 1962(a) Any owner of a dwelling structure specified in Section 1961 or a party signing a rental agreement or lease on behalf of the owner shall do all of the following:
(1)CA Civil Law Code § 1962(a)(1) Disclose therein the name, telephone number, and usual street address at which personal service may be effected of each person who is:
(A)CA Civil Law Code § 1962(a)(1)(A) Authorized to manage the premises.
(B)CA Civil Law Code § 1962(a)(1)(B) An owner of the premises or a person who is authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for all notices and demands.
(2)CA Civil Law Code § 1962(a)(2) Disclose therein the name, telephone number, and address of the person or entity to whom rent payments shall be made.
(A)CA Civil Law Code § 1962(a)(2)(A) If rent payments may be made personally, the usual days and hours that the person will be available to receive the payments shall also be disclosed.
(B)CA Civil Law Code § 1962(a)(2)(B) At the owner’s option, the rental agreement or lease shall instead disclose the number of either:
(i)CA Civil Law Code § 1962(a)(2)(B)(i) The account in a financial institution into which rent payments may be made, and the name and street address of the institution; provided that the institution is located within five miles of the rental property.
(ii)CA Civil Law Code § 1962(a)(2)(B)(ii) The information necessary to establish an electronic funds transfer procedure for paying the rent.
(3)CA Civil Law Code § 1962(a)(3) Disclose therein the form or forms in which rent payments are to be made.
(4)CA Civil Law Code § 1962(a)(4) Provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. Once each calendar year thereafter, upon request by the tenant, the owner or owner’s agent shall provide an additional copy to the tenant within 15 days. If the owner or owner’s agent does not possess the rental agreement or lease or a copy of it, the owner or owner’s agent shall instead furnish the tenant with a written statement stating that fact and containing the information required by paragraphs (1), (2), and (3).
(b)CA Civil Law Code § 1962(b) In the case of an oral rental agreement, the owner, or a person acting on behalf of the owner for the receipt of rent or otherwise, shall furnish the tenant, within 15 days of the agreement, with a written statement containing the information required by paragraphs (1), (2), and (3) of subdivision (a). Once each calendar year thereafter, upon request by the tenant, the owner or owner’s agent shall provide an additional copy of the statement to the tenant within 15 days.
(c)CA Civil Law Code § 1962(c) The information required by this section shall be kept current and this section shall extend to and be enforceable against any successor owner or manager, who shall comply with this section within 15 days of succeeding the previous owner or manager. A successor owner or manager shall not serve a notice pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure or otherwise evict a tenant for nonpayment of rent that accrued during the period of noncompliance by a successor owner or manager with this subdivision. Nothing in this subdivision shall relieve the tenant of any liability for unpaid rent.
(d)CA Civil Law Code § 1962(d) A party who enters into a rental agreement on behalf of the owner who fails to comply with this section is deemed an agent of each person who is an owner:
(1)CA Civil Law Code § 1962(d)(1) For the purpose of service of process and receiving and receipting for notices and demands.
(2)CA Civil Law Code § 1962(d)(2) For the purpose of performing the obligations of the owner under law and under the rental agreement.
(3)CA Civil Law Code § 1962(d)(3) For the purpose of receiving rental payments, which may be made in cash, by check, by money order, or in any form previously accepted by the owner or owner’s agent, unless the form of payment has been specified in the oral or written agreement, or the tenant has been notified by the owner in writing that a particular form of payment is unacceptable.
(e)CA Civil Law Code § 1962(e) Nothing in this section limits or excludes the liability of any undisclosed owner.
(f)CA Civil Law Code § 1962(f) If the address provided by the owner does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed receivable by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner.

Section § 1962.5

Explanation

This law allows landlords in California to provide certain required information to tenants through alternative methods. If a building has an elevator, a notice with the required information must be placed in the elevator and another visible spot. In buildings without elevators, two visible notices are needed. For single-unit homes, landlords can choose either method. All other rules in Section 1962 still apply unless noted here.

(a)CA Civil Law Code § 1962.5(a) Notwithstanding subdivisions (a) and (b) of Section 1962, the information required by paragraph (1) of subdivision (a) of Section 1962 to be disclosed to a tenant may, instead of being disclosed in the manner described in subdivisions (a) and (b) of Section 1962, be disclosed by the following method:
(1)CA Civil Law Code § 1962.5(a)(1) In each dwelling structure containing an elevator a printed or typewritten notice containing the information required by paragraph (1) of subdivision (a) of Section 1962 shall be placed in every elevator and in one other conspicuous place.
(2)CA Civil Law Code § 1962.5(a)(2) In each structure not containing an elevator, a printed or typewritten notice containing the information required by paragraph (1) of subdivision (a) of Section 1962 shall be placed in at least two conspicuous places.
(3)CA Civil Law Code § 1962.5(a)(3) In the case of a single unit dwelling structure, the information to be disclosed under this section may be disclosed by complying with either paragraph (1) or (2).
(b)CA Civil Law Code § 1962.5(b) Except as provided in subdivision (a), all the provisions of Section 1962 shall be applicable.

Section § 1962.7

Explanation

If a landlord or their representative doesn’t follow certain rules, a tenant can send important legal documents through registered or certified mail to the address where rent is paid. This follows specific mailing rules outlined in another legal section.

In the event an owner, successor owner, manager, or agent specified in Section 1961 fails to comply with the requirements of this chapter, service of process by a tenant with respect to a dispute arising out of the tenancy may be made by registered or certified mail sent to the address at which rent is paid, in which case the provisions of Section 1013 of the Code of Civil Procedure shall apply.