Legal Question in Landlord & Tenant Law in California

Small Claims Court: Need to know what the Civil Code 1962.7 is so I can file a claim against landlord?


Asked on 11/09/11, 8:20 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

It basically says that if the landlord fails to provide you certain information on how to contact them then you can serve a claim by mail. The applicable sections are below:

1961. 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.

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) Disclose therein the name, telephone number, and usual street

address at which personal service may be effected of each person who

is:

(A) Authorized to manage the premises.

(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) Disclose therein the name, telephone number, and address of

the person or entity to whom rent payments shall be made.

(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) At the owner's option, the rental agreement or lease shall

instead disclose the number of either:

(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) The information necessary to establish an electronic funds

transfer procedure for paying the rent.

(3) Disclose therein the form or forms in which rent payments are

to be made.

(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)

of subdivision (a).

(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) 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.

(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) For the purpose of service of process and receiving and

receipting for notices and demands.

(2) For the purpose of performing the obligations of the owner

under law and under the rental agreement.

(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) Nothing in this section limits or excludes the liability of

any undisclosed owner.

(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.

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) 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) 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) 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) Except as provided in subdivision (a), all the provisions of

Section 1962 shall be applicable.

1962.7. 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.

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Answered on 11/10/11, 11:25 am


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