AB 712

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. If the tenant fails to pay the rent by that date, the tenancy

is terminated. Under certain circumstances, if a tenant is late in paying rent, the

landlord may give the tenant a notice requiring the tenant to vacate within at least

14 days after the notice is given without the option to cure by paying rent. Under

current law, a landlord may bring a small claims eviction action against a tenant

whose tenancy has been terminated for failure to pay rent.

Under this bill, if a residential tenant fails to pay rent when due, the tenant's

tenancy is terminated only if the landlord gives the tenant a notice that requires the

tenant to pay rent or vacate within at least 30 days after the notice is given; the

tenant fails to pay the rent; and the landlord applies for and is denied emergency

rental assistance under a local, state, or federal assistance program, if such a

program exists, or is ineligible for such emergency rental assistance. Under the bill,

a 30-day notice must include certain information, including contact information for

the emergency rental assistance provider serving the county where the tenant

resides; a statement as to whether the landlord is qualified to receive emergency

rental assistance under a rental assistance program, and, if eligible, that the

landlord is required to apply for such funds; a statement that, if the landlord is

ineligible for such funds, the tenant may be able to apply for emergency rental

assistance; and a statement that the landlord may not pursue an action for eviction

against the tenant for failure to pay rent if the tenant or the landlord applies for and

is approved to receive emergency rental assistance, and may not pursue an action for

eviction unless the landlord and tenant participate in mediation and are unable to

reach a settlement or the landlord shows that the tenant has refused to participate

in mediation.

The bill also requires a court to stay the proceedings in a residential eviction

action until the landlord files proof with the court that he or she has applied for and

been denied emergency rental assistance under a local, state, or federal assistance

program, if such a program exists, or, if the landlord is ineligible for such emergency

rental assistance, that the tenant has either failed to apply or has applied for and

been denied such emergency rental assistance; and until the landlord and tenant

notify the court that they have participated in mediation and are unable to reach a

settlement or the landlord notifies the court that the tenant has refused to

participate in mediation. In addition, a court must stay residential eviction

proceedings if either the tenant or the landlord has been approved to receive

emergency rental assistance.

Finally, the bill prohibits a landlord that receives emergency rental assistance

under a local, state, or federal assistance program from raising the tenant's rent for

12 months, except that the landlord may raise rent to cover any increase in property