AB 341

Under current law, if a tenant is late in paying rent, the landlord may give the

tenant a notice that requires the tenant to pay rent or vacate within at least five days

after the notice is given (a five-day notice). If the tenant fails to pay the rent by that

date, the tenancy is terminated.

Under the bill, if a landlord gives a tenant a five-day notice for failure to pay

rent, the tenancy does not terminate if: 1) the tenant receives a housing allowance

from the U.S. Department of Veterans Affairs and notified the landlord of this fact

at the time of starting the tenancy or entering into the lease; 2) within five days after

the landlord gives the five-day notice, the tenant provides the landlord with

documentation showing that issuance of the tenant's current housing allowance is

delayed; and 3) the tenant pays the delinquent rent payment within 30 days after

the landlord gives the five-day notice.

Under current law, a landlord is not required to give a five-day notice to a

month-to-month tenant who is late in paying rent, but may instead give the

month-to-month tenant a notice requiring the tenant to vacate within at least 14

days after the notice is given (a 14-day notice), without the option to cure by paying

rent. For a year-to-year tenant or a tenant under a lease for a term of one year or

less, if the landlord has previously given the tenant a five-day notice for failure to

pay rent and, within one year, the tenant is again late in paying rent, the landlord

may give the tenant a 14-day notice to vacate.

Under the bill, if a landlord gives a month-to-month tenant a 14-day notice to

vacate, the tenancy does not terminate if the three requirements listed above are

met, and if the tenant has not received a five-day or 14-day notice for failure to pay

rent in the previous 12 months. The bill does not affect a landlord's ability to give

a 14-day notice to a year-to-year tenant or a tenant under a lease for a term of one

year or less who has received a five-day notice in the previous year.

The bill also prohibits a landlord from charging a late fee if all of the applicable

requirements described above have been met.