The California Civil Code, Chapter 2, Section 1940.6 requires the owner of a residential dwelling unit or the owner’s agent who applies to any public agency for a permit to demolish that residential dwelling unit to give written notice of that fact to:
Prospective Tenants
A prospective tenant prior to the occurrence of any of the following actions by the owner or the owner’s agent:
- Entering into a rental agreement with a prospective tenant.
- Requiring or accepting payment from the prospective tenant for an application screening fee.
- Requiring or accepting any other fees from a prospective tenant.
- Requiring or accepting any writings that would initiate a tenancy.
Current Tenants
A current tenant, including a tenant who has entered into a rental agreement but has not yet taken possession of the dwelling unit, prior to applying to the public agency for the permit to demolish that residential dwelling unit.
The notice shall include the earliest possible approximate date on which the owner expects the demolition to occur and the approximate date on which the owner will terminate the tenancy. However, in no case may the demolition for which the owner or the owner’s agent has applied occur prior to the earliest possible approximate date noticed.
Landlord Noncompliance
If a landlord fails to comply with this section, a tenant may bring an action in a court of competent jurisdiction. The remedies the court may order shall include, but are not limited to, the following:
- In the case of a prospective tenant who moved into a residential dwelling unit and was not informed as required herein, the actual damages suffered, moving expenses, and a civil penalty not to exceed two thousand five hundred dollars ($2,500) to be paid by the landlord to the tenant.
- In the case of a current tenant who was not informed as required herein, the actual damages suffered, and a civil penalty not to exceed two thousand five hundred dollars ($2,500) to be paid by the landlord to the tenant.
Note: In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney’s fees.
Added by Stats. 2002, Ch. 285, Sec. 1. Effective January 1, 2003.
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