TITLE 43.
PROPERTY
Leasing of real property defined.
Leasing is a contract by which one (the lessor or landlord)
gives to another (the lessee or tenant) temporary possession and use
of real property for reward and the
lessee agrees to return such property to the lessor at a future
time. Title 43, § 43-32-1
Limited term of lease - Agricultural land - Municipal
lots.
No lease or grant of agricultural land for a longer period than
twenty years, in which shall be reserved any rent or service of any
kind, shall be valid. No lease or grant of any municipal lot for a
longer period than ninety-nine years, in which shall be reserved any
rent or service of any kind, shall be valid. Title 43, § 43-32-2
See Cal Civ Code, § 717.
Hiring of real property presumed for one year - Exception.
A hiring of real property, other than lodgings in places where
there is no usage on the subject, is presumed to be for one year
from its commencement unless otherwise
expressed in the hiring. Title 43, § 43-32-3
Hiring of lodgings - Length of term - Presumption.
A hiring of lodgings for an unspecified term is presumed to have
been made for such length of time as the parties adopt for the
estimation of the rent. Thus a hiring at a weekly rate of rent is
presumed to be for one week. In the absence of any agreement
respecting the length of time of the rent, the hiring is presumed to
be monthly. Title 43, § 43-32-4
Lease of real property for more than one year - Written
contract necessary.
No agreement for the leasing of real property or an interest
therein for a longer period than one year is valid unless the same,
or some note or memorandum thereof,
be in writing, signed by the lessor or his agent thereunto
authorized in writing. Title 43, § 43-32-5
See Cal Civ Code, § 1741.
Obligations of lessor of real property - Tenant's remedies
against lessor.
A lessor shall deliver the leased premises to the lessee and
secure his quiet enjoyment thereof against all lawful claimants. If
the lessor of residential property unlawfully removes or excludes
the tenant from the premises or willfully diminishes services to the
tenant by interrupting or causing the interruption of electric, gas,
water, or other essential service to the tenant, the tenant may sue
for injunctive
relief, recover possession by suit, or terminate the rental
agreement and, in any case, recover from the lessor damages in an
amount equal to two months rent and the
return of any advance rent and deposit paid to the lessor by the
lessee. Title 43, § 43-32-6
Maximum security deposit for residential premises - Larger
deposit by mutual
agreement.
Any deposit of money, the function of which is to secure the
performance of a residential rental agreement or any part of such an
agreement, shall be deemed to be a security deposit. A lessor of
residential premises may not demand or receive a security deposit,
however denominated, in an amount or value in excess of one
month's rent except that a larger deposit may be agreed upon
between the lessor and lessee where special conditions pose a danger
to maintenance of the premises. Title 43, § 43-32-6.1
Hiring part of room for dwelling - Right to whole of the
room for term agreed upon - Double letting relieves
tenant from obligation to pay rent. Title 43, § 43-32-7
Repealed by SL 1983, ch 13, § 29.
Residential lessor to keep premises in repair - Disrepair
caused by lessee - Agreements for repairs in lieu of rent -
Liability to third persons unaffected.
In every hiring of residential premises, whether in writing or
parol, the lessor shall keep the premises and all common areas in
reasonable repair and fit for human
habitation and in good and safe working order during the term of
the lease except when the disrepair has been caused by the
negligent, willful or malicious conduct of the lessee or a person
under his direction or control. The lessor shall maintain in good
and safe working order and condition all electrical, plumbing or
heating systems of the premises, except when the disrepair has been
caused by the negligent, willful or malicious conduct of the lessee
or a person under his direction or control.
The parties to a lease or hiring of residential premises may
not waive or modify the requirements imposed by this section;
however, the lessor may agree with the lessee
that the lessee shall perform specified repairs or maintenance
in lieu of rent.
The provisions of this section shall be in addition to any
covenants or conditions imposed by law or ordinance or by the terms
of the lease. Nothing in this section shall be construed to alter
the liability of the lessor or lessee of residential premises for
injury to third parties. Title 43, § 43-32-8
See Cal Civ Code, § 1941.
Failure of lessor to repair premises - Lessee's remedies.
If within a reasonable time after notice to the lessor of
conditions requiring repair to make the premises fit for human
habitation and to place the same in good and safe
working order which the lessor ought to repair he neglects to do
so, the lessee may repair the same himself and deduct the expense of
such repairs from the rent, or
otherwise recover it from the lessor; or the lessee may vacate
the premises, in which case he shall be discharged from additional
charges of rent or performance of other
conditions. If the cost of necessary repairs exceeds one month's
rent, after written notice stating the specific reason for the
withholding, the lessee may withhold payment of rent and immediately
deposit it in a separate bank or savings and
loan account, written evidence of such action to be provided to
the lessor upon deposit, maintained only for the purpose of making
repairs until such time as the lessor makes the repairs, at which
time the lessee shall release the deposit to the lessor or until
sufficient money is accumulated in the account for the lessee to
cause the repairs to be made and paid for. Title 43, § 43-32-9
See Cal Civ Code, § 1942.
Preservation of premises by lessee.
In every hiring of residential premises, whether in writing or
parol, the lessee shall preserve the premises, appliances,
appurtenances and other leased personalty in
good condition, and repair all deteriorations or damage thereto
occasioned by his negligent, willful or malicious conduct or such
conduct of persons acting under his
direction or control. Title 43, § 43-32-10
Use of premises when leased for particular or specified
purpose - Responsibility of
lessee - Rescission of contract.
If premises are leased for a particular and specified purpose
the tenant must not use the premises for other purposes; and if he
does, the landlord may hold him
responsible for the safety of the premises during such use, at
all events, or he may treat the contract as thereby rescinded. Title
43, § 43-32-11
Time for payment of rent - Agricultural and wildland -
Lodging - Termination of hiring.
When there is no contract or usage to the contrary, the rent of
agricultural and wildland is payable yearly at the end of each year.
Rents of lodgings are payable monthly at the end of each month.
Other rents are payable quarterly at the end of each quarter from
the time the hiring takes effect. The rent for a hiring shorter than
the periods herein specified is payable at the termination of the
hiring. Title 43, § 43-32-12
Modification of lease - Written notice by landlord, effect
- Termination by tenant.
In all leases of lands or tenements or of any interest therein
from month to month the landlord may, upon giving notice in writing
at least thirty days before the
expiration of the month, modify the terms of the lease to take
effect at the expiration of the month. The notice, when served upon
the tenant, shall of itself operate and be effectual to create and
establish as a part of the lease the terms, rent, and conditions
specified in the notice, if the tenant shall continue to hold the
premises after the expiration of the month. The tenant may terminate
his
lease effective the first day of the next month by providing
notice of termination to the landlord within fifteen days of receipt
by the tenant of the notice of modification. Title 43, § 43-32-13
Retention of possession by lessee after expiration of
hiring - Acceptance of rent by lessor - Renewal of hiring - Terms.
If a lessee of real property remains in possession thereof after
the expiration of the hiring and the lessor accepts rent from him,
the parties are presumed to have renewed the hiring on the same
terms and for the same time, not
exceeding one year. Title 43, § 43-32-14
Renewal of hiring of real property presumed unless notice
given of termination.
A hiring of real property for a term not specified by the
parties is deemed to be renewed as stated in § 43-32-14 at the end
of the term implied by law unless one of the parties gives notice to
the other of his intention to terminate the same at least as long
before the expiration thereof as the term of the hiring itself, not
exceeding one month. Title 43, § 43-32-15
See Cal Civ Code, § 1945.
Tenant receiving notice of adverse proceedings - Duty to
inform landlord.
Every tenant who receives notice of any proceeding to recover
the real property occupied by him or the possession thereof must
immediately inform his landlord of
the same and also deliver to the landlord the notice, if in
writing, and is responsible to the landlord for all damages which he
may sustain by reason of any omission to inform him of the notice or
to deliver to him, if in writing. Title 43, § 43-32-16
Attornment of tenant to stranger, validity - Consent of
landlord - Judgment.
The attornment of a tenant to a stranger is void unless it is
made with the consent of the landlord or in consequence of a
judgment of a court of competent jurisdiction. Title 43, § 43-32-17
Termination of lease by landlord before end of agreed term
- Use of premises by tenant contrary to agreement - Neglect of
tenant to make repairs.
A landlord may terminate a lease and reclaim the premises before
the end of the agreed term:
(1) When the tenant uses or permits a use of the premises in a
manner contrary to the lease agreement; or
(2) When the tenant does not within a reasonable time after
request make such repairs as he may be bound to make. Title
43, § 43-32-18
Termination of lease by tenant - Neglect of landlord to
place tenant in quiet
possession of premises - Neglect to keep premises in good
condition - Destruction of premises.
A tenant may terminate a lease before the end of the term:
(1) When the landlord does not within a reasonable time after
request fulfill his obligations, if any, as to placing and securing
the tenant in quiet possession of the premises or putting the
premises into good condition or repairing the same; or
(2) When the greater part of the leased premises or that part
which was, and which the landlord had at the time of leasing, reason
to believe was the material inducement to the tenant to enter into
the contract, is destroyed, from any other cause than the ordinary
negligence of the tenant. Title 43, § 43-32-19
Assignment of lease by lessee - Breach of agreement -
Recovery of possession - Remedies of lessor - Exception - Security
for loan.
Whatever remedies the lessor of any real property has against
his immediate lessee for the breach of any agreement in the lease or
for recovery of the possession,
he has against the assignees of the lessee for any cause of
action accruing while they are such assignees, except where the
assignment is made by way of security for a
loan and is not accompanied by possession of the premises. Title
43, § 43-32-20
Assignment of lease by lessor - Breach of agreement -
Remedies of lessee - Covenants
excepted.
Whatever remedies the lessee of any real property may have
against his immediate lessor, for the breach of any agreement in the
lease, he may have against the assigns of the lessor, and the
assigns of the lessee may have against the lessor and his assigns,
except upon covenants against encumbrances or relating to the title
or possession of the premises. Title 43, § 43-32-21
Termination of lease - Agreed term - Mutual consent -
Acquisition of superior title by tenant.
A lease is terminated:
(1) By the expiration of the agreed term;
(2) By the mutual consent of the parties;
(3) By the tenant acquiring a title to the leased premises
superior to that of the landlord. Title 43, § 43-32-22
Continuation of farm lease absent notice - Time for notice
- Termination without notice in case of default - Grassland
included.
In the case of farm tenants, occupying and cultivating
agricultural land of forty acres or more, under an oral lease, the
tenancy shall continue for the following crop
year upon the same terms and conditions as the original lease
unless written notice for termination is given by either party to
the other by September first, whereupon
the tenancy shall terminate March first following. The tenancy
may not continue because of absence of notice if there is default in
the performance of the existing rental agreement. For the purpose of
this section, agricultural land includes grassland, either
native or tame. Title 43, § 43-32-22.1
Termination of lease at pleasure of either party - Death
or incapacity to contract -
Exception.
If a lease is terminable at the pleasure of one of the parties,
it is terminated by notice to the other of such party's death or
incapacity to contract. In other cases it is not terminated by such
death or incapacity. Title 43, § 43-32-23
Return of security deposit after termination of tenancy -
Withholding - Itemized
accounting - Forfeiture of withholding rights - Punitive
damages.
Every lessor of residential premises shall, within two weeks
after the termination of the tenancy and receipt of the tenant's
mailing address or delivery instructions, return the security
deposit to the tenant, or furnish to the tenant, a written statement
showing the specific reason for the withholding of the deposit or
any portion thereof. The lessor may withhold from such deposit only
such amounts
as are reasonably necessary to remedy tenant defaults in the
payment of rent or of other funds due to the landlord pursuant to an
agreement or to restore the premises to their condition at the
commencement of the tenancy, ordinary wear and tear excepted. Within
forty-five days after termination of the tenancy, upon request of
the lessee, the lessor shall provide the lessee with an itemized
accounting of any deposit withheld. Any lessor of residential
premises who fails to comply with this section shall forfeit all
rights to withhold any portion of such deposit. The bad faith
retention of a deposit or any portion of a deposit by a lessor of
residential premises in violation of this section, including failure
to provide the written
statement and itemized accounting required by this section,
shall subject the lessor to punitive damages not to exceed two
hundred dollars. Title 43, § 43-32-24
Small amount of tenant's property left on premises
presumed abandoned - Disposal by
lessor.
The property of a lessee, the total reasonable value of which
does not exceed one hundred dollars, left on leased residential
premises by the lessee for ten days after the lessee has quit the
premises, is presumed to have been abandoned by the tenant and the
lessor of the residential premises may dispose of the abandoned
property. Title 43, § 43-32-25
Storage of tenant's valuable property left on premises -
Lien - Disposal as abandoned
after waiting period.
The property of a lessee, of a total reasonable value exceeding
one hundred dollars, left on leased residential premises by the
lessee after the lessee has quit the
premises, shall be stored by the lessor. The lessor shall have a
lien on the property to the extent of the costs of handling and
storing the property. After storing the
property for thirty days or more the lessor may treat the
property as abandoned and dispose of it. Title 43, § 43-32-26
Cause of action against lessor for retaliatory conduct.
A cause of action may arise in favor of a lessee and against a
lessor of residential property, including a manufactured or mobile
home community owner, for retaliation by the lessor against the
lessee if the lessor increases rents above fair market value; if the
lessor decreases electric, gas, water, or sewer services; or if the
lessor gives the lessee notice to vacate the premises when such
notice is not based upon a breach of the terms of the lease;
subsequent to any of the following special events:
(1) The lessor has received written notice from the lessee or a
governmental agency that the lessee has complained to a governmental
agency charged with responsibility for enforcement of a building or
housing code violation applicable to the premises and materially
affecting health and safety, and the complaint is determined to be
reported in good faith; or
(2) The lessee has given written notice to the lessor of a
condition requiring repair pursuant to § 43-32-9; or
(3) The lessee has organized or become a member of a tenant's
union or organization. It shall be a defense to this cause of action
that the notice to vacate the premises was given by the lessor more
than one hundred eighty days after the occurrence of a special
event. The failure of the lessor to renew any written lease prior to
or upon its expiration, is not retaliation. Title 43, §
43-32-27
Lessee's remedies for retaliatory conduct by lessor.
If the lessor acts in violation of § 43-32-27, the lessee is
entitled to the remedies provided in § 43-32-6. The court may award
the lessee reasonable attorney's fees, not to exceed five hundred
dollars. Title 43, § 43-32-28
Rights and remedies preserved.
All other rights or remedies of the lessor and the lessee
pursuant to any other provision of the law are
preserved,except as modified by §§ 43-32-27 and 43-32-28. Title
43, § 43-32-29
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