Landlord Procedures for Removal of Tenants

Under current law, based on a tenant's failure to pay one or more late fees, a landlord cannot:

• Remove or exclude a tenant from a dwelling;
• Terminate a tenancy or other estate at will; or
• Terminate a lease in a mobile home park.

The bill clarifies that a landlord can take such actions if there is another legal reason and the landlord is not taking the action solely because the landlord is owed one or more late fees.

Additionally, a landlord cannot issue a written demand notice for a tenant to give up possession of the premises (demand letter) based solely on the tenant's failure to pay one or more late fees, but must have another legal reason to issue the demand letter.

Under current law, the demand letter must be written in English, Spanish, or any other language that the landlord knows, or has reason to know, is the primary language of the tenant. The bill instead requires that the demand letter must be written in English or, if requested by the tenant at the time the tenant enters into the lease, in another language that is the tenant's primary language.

Under current law, a landlord is permitted to post a notice to vacate in a conspicuous place on the premises after at least one unsuccessful attempt at service on 2 separate days. The bill allows the landlord to post the notice in a conspicuous place on the premises after only one unsuccessful attempt to serve the tenant with the notice.

(Note: This summary applies to this bill as introduced.)