Cal. Code Civ. Proc. § 1179.04.5

Current through the 2024 Legislative Session.

Section 1179.04.5 - [Effective until 10/1/2025] Application of security deposit or rental payments to COVID-19 rental debt without tenant's consent prohibited

Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the covered time period, the landlord shall not do either of the following:

(a) Apply a security deposit to satisfy COVID-19 rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. Nothing in this subdivision shall prohibit a landlord from applying a security deposit to satisfy COVID-19 rental debt after the tenancy ends, in accordance with Section 1950.5 of the Civil Code.

(b) Apply a monthly rental payment to any COVID-19 rental debt other than the prospective month's rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.

Ca. Civ. Proc. Code § 1179.04.5

Renumbered from Ca. Civ. Code §Civ. 1179.04.5 and amended by Stats 2021 ch 124 (AB 938),s 3, eff. 1/1/2022.

Renumbered from Ca. Civ. Code §Civ. 1179.04.5 and amended by Stats 2021 ch 5 (AB 81),s 2, eff. 2/23/2021.

Added by Stats 2021 ch 2 (SB 91),s 20, eff. 1/29/2021.