SECTIONS 1961-1962.7 - California Statutes

CIVIL CODE

SECTION 1961-1962.7

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.