1159-1179a
CODE OF CIVIL PROCEDURE
SECTION 1159-1179a
1159. Every person is guilty of a forcible entry who either:
1. By breaking open doors, windows, or other parts of a house, or
by any kind of violence or circumstance of terror enters upon or into
any real property; or,
2. Who, after entering peaceably upon real property, turns out by
force, threats, or menacing conduct, the party in possession.
The "party in possession" means any person who hires real property
and includes a boarder or lodger, except those persons whose
occupancy is described in subdivision (b) of Section 1940 of the
Civil Code.
1160. Every person is guilty of a forcible detainer who either:
1. By force, or by menaces and threats of violence, unlawfully
holds and keeps the possession of any real property, whether the same
was acquired peaceably or otherwise; or,
2. Who, in the night-time, or during the absence of the occupant
of any lands, unlawfully enters upon real property, and who, after
demand made for the surrender thereof, for the period of five days,
refuses to surrender the same to such former occupant.
The occupant of real property, within the meaning of this
subdivision, is one who, within five days preceding such unlawful
entry, was in the peaceable and undisturbed possession of such lands.
1161. A tenant of real property, for a term less than life, or the
executor or administrator of his or her estate heretofore qualified
and now acting or hereafter to be qualified and act, is guilty of
unlawful detainer:
1. When he or she continues in possession, in person or by
subtenant, of the property, or any part thereof, after the expiration
of the term for which it is let to him or her; provided the
expiration is of a nondefault nature however brought about without
the permission of his or her landlord, or the successor in estate of
his or her landlord, if applicable; including the case where the
person to be removed became the occupant of the premises as a
servant, employee, agent, or licensee and the relation of master and
servant, or employer and employee, or principal and agent, or
licensor and licensee, has been lawfully terminated or the time fixed
for occupancy by the agreement between the parties has expired; but
nothing in this subdivision shall be construed as preventing the
removal of the occupant in any other lawful manner; but in case of a
tenancy at will, it must first be terminated by notice, as prescribed
in the Civil Code.
2. When he or she continues in possession, in person or by
subtenant, without the permission of his or her landlord, or the
successor in estate of his or her landlord, if applicable, after
default in the payment of rent, pursuant to the lease or agreement
under which the property is held, and three days' notice, in writing,
requiring its payment, stating the amount which is due, the name,
telephone number, and address of the person to whom the rent payment
shall be made, and, if payment may be made personally, the usual days
and hours that person will be available to receive the payment
(provided that, if the address 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 received by the owner on the
date posted, if the tenant can show proof of mailing to the name and
address provided by the owner), or the number of an account in a
financial institution into which the rental payment 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), or
if an electronic funds transfer procedure has been previously
established, that payment may be made pursuant to that procedure, or
possession of the property, shall have been served upon him or her
and if there is a subtenant in actual occupation of the premises,
also upon the subtenant.
The notice may be served at any time within one year after the
rent becomes due. In all cases of tenancy upon agricultural lands,
where the tenant has held over and retained possession for more than
60 days after the expiration of the term without any demand of
possession or notice to quit by the landlord or the successor in
estate of his or her landlord, if applicable, he or she shall be
deemed to be holding by permission of the landlord or successor in
estate of his or her landlord, if applicable, and shall be entitled
to hold under the terms of the lease for another full year, and shall
not be guilty of an unlawful detainer during that year, and the
holding over for that period shall be taken and construed as a
consent on the part of a tenant to hold for another year.
3. When he or she continues in possession, in person or by
subtenant, after a neglect or failure to perform other conditions or
covenants of the lease or agreement under which the property is held,
including any covenant not to assign or sublet, than the one for the
payment of rent, and three days' notice, in writing, requiring the
performance of such conditions or covenants, or the possession of the
property, shall have been served upon him or her, and if there is a
subtenant in actual occupation of the premises, also, upon the
subtenant. Within three days after the service of the notice, the
tenant, or any subtenant in actual occupation of the premises, or any
mortgagee of the term, or other person interested in its
continuance, may perform the conditions or covenants of the lease or
pay the stipulated rent, as the case may be, and thereby save the
lease from forfeiture; provided, if the conditions and covenants of
the lease, violated by the lessee, cannot afterward be performed,
then no notice, as last prescribed herein, need be given to the
lessee or his or her subtenant, demanding the performance of the
violated conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this
chapter, to obtain possession of the premises let to a subtenant or
held by a servant, employee, agent, or licensee, in case of his or
her unlawful detention of the premises underlet to him or her or held
by him or her.
4. Any tenant, subtenant, or executor or administrator of his or
her estate heretofore qualified and now acting, or hereafter to be
qualified and act, assigning or subletting or committing waste upon
the demised premises, contrary to the conditions or covenants of his
or her lease, or maintaining, committing, or permitting the
maintenance or commission of a nuisance upon the demised premises or
using the premises for an unlawful purpose, thereby terminates the
lease, and the landlord, or his or her successor in estate, shall
upon service of three days' notice to quit upon the person or persons
in possession, be entitled to restitution of possession of the
demised premises under this chapter. For purposes of this
subdivision, a person who commits an offense described in subdivision
(c) of Section 3485 of the Civil Code, or subdivision (c) of Section
3486 of the Civil Code, or uses the premises to further the purpose
of that offense shall be deemed to have committed a nuisance upon the
premises. For purposes of this subdivision, if a person commits an
act of domestic violence as defined in Section 6211 of the Family
Code, sexual assault as defined in Section 261, 261.5, 262, 286,
288a, or 289 of the Penal Code, or stalking as defined in Section
1708.7 of the Civil Code, against another tenant or subtenant on the
premises there is a rebuttable presumption affecting the burden of
proof that the person has committed a nuisance upon the premises,
provided, however, that this shall not apply if the victim of the act
of domestic violence, sexual assault, or stalking, or a household
member of the victim, other than the perpetrator, has not vacated the
premises. This subdivision shall not be construed to supersede the
provisions of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) that permit the
removal from a lease of a tenant who engages in criminal acts of
physical violence against cotenants.
5. When he or she gives written notice as provided in Section 1946
of the Civil Code of his or her intention to terminate the hiring of
the real property, or makes a written offer to surrender which is
accepted in writing by the landlord, but fails to deliver possession
at the time specified in that written notice, without the permission
of his or her landlord, or the successor in estate of the landlord,
if applicable.
As used in this section, tenant includes any person who hires real
property except those persons whose occupancy is described in
subdivision (b) of Section 1940 of the Civil Code.
This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.
1161. A tenant of real property, for a term less than life, or the
executor or administrator of his or her estate heretofore qualified
and now acting or hereafter to be qualified and act, is guilty of
unlawful detainer:
1. When he or she continues in possession, in person or by
subtenant, of the property, or any part thereof, after the expiration
of the term for which it is let to him or her; provided the
expiration is of a nondefault nature however brought about without
the permission of his or her landlord, or the successor in estate of
his or her landlord, if applicable; including the case where the
person to be removed became the occupant of the premises as a
servant, employee, agent, or licensee and the relation of master and
servant, or employer and employee, or principal and agent, or
licensor and licensee, has been lawfully terminated or the time fixed
for occupancy by the agreement between the parties has expired; but
nothing in this subdivision shall be construed as preventing the
removal of the occupant in any other lawful manner; but in case of a
tenancy at will, it must first be terminated by notice, as prescribed
in the Civil Code.
2. When he or she continues in possession, in person or by
subtenant, without the permission of his or her landlord, or the
successor in estate of his or her landlord, if applicable, after
default in the payment of rent, pursuant to the lease or agreement
under which the property is held, and three days' notice, in writing,
requiring its payment, stating the amount which is due, the name,
telephone number, and address of the person to whom the rent payment
shall be made, and, if payment may be made personally, the usual days
and hours that person will be available to receive the payment
(provided that, if the address 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 received by the owner on the
date posted, if the tenant can show proof of mailing to the name and
address provided by the owner), or the number of an account in a
financial institution into which the rental payment 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), or
if an electronic funds transfer procedure has been previously
established, that payment may be made pursuant to that procedure, or
possession of the property, shall have been served upon him or her
and if there is a subtenant in actual occupation of the premises,
also upon the subtenant.
The notice may be served at any time within one year after the
rent becomes due. In all cases of tenancy upon agricultural lands,
where the tenant has held over and retained possession for more than
60 days after the expiration of the term without any demand of
possession or notice to quit by the landlord or the successor in
estate of his or her landlord, if applicable, he or she shall be
deemed to be holding by permission of the landlord or successor in
estate of his or her landlord, if applicable, and shall be entitled
to hold under the terms of the lease for another full year, and shall
not be guilty of an unlawful detainer during that year, and the
holding over for that period shall be taken and construed as a
consent on the part of a tenant to hold for another year.
3. When he or she continues in possession, in person or by
subtenant, after a neglect or failure to perform other conditions or
covenants of the lease or agreement under which the property is held,
including any covenant not to assign or sublet, than the one for the
payment of rent, and three days' notice, in writing, requiring the
performance of such conditions or covenants, or the possession of the
property, shall have been served upon him or her, and if there is a
subtenant in actual occupation of the premises, also, upon the
subtenant. Within three days after the service of the notice, the
tenant, or any subtenant in actual occupation of the premises, or any
mortgagee of the term, or other person interested in its
continuance, may perform the conditions or covenants of the lease or
pay the stipulated rent, as the case may be, and thereby save the
lease from forfeiture; provided, if the conditions and covenants of
the lease, violated by the lessee, cannot afterward be performed,
then no notice, as last prescribed herein, need be given to the
lessee or his or her subtenant, demanding the performance of the
violated conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this
chapter, to obtain possession of the premises let to a subtenant or
held by a servant, employee, agent, or licensee, in case of his or
her unlawful detention of the premises underlet to him or her or held
by him or her.
4. Any tenant, subtenant, or executor or administrator of his or
her estate heretofore qualified and now acting, or hereafter to be
qualified and act, assigning or subletting or committing waste upon
the demised premises, contrary to the conditions or covenants of his
or her lease, or maintaining, committing, or permitting the
maintenance or commission of a nuisance upon the demised premises or
using the premises for an unlawful purpose, thereby terminates the
lease, and the landlord, or his or her successor in estate, shall
upon service of three days' notice to quit upon the person or persons
in possession, be entitled to restitution of possession of the
demised premises under this chapter. For purposes of this
subdivision, a person who commits an offense described in subdivision
(c) of Section 3485 of the Civil Code, or subdivision (c) of Section
3486 of the Civil Code, or uses the premises to further the purpose
of that offense shall be deemed to have committed a nuisance upon the
premises.
5. When he or she gives written notice as provided in Section 1946
of the Civil Code of his or her intention to terminate the hiring of
the real property, or makes a written offer to surrender which is
accepted in writing by the landlord, but fails to deliver possession
at the time specified in that written notice, without the permission
of his or her landlord, or the successor in estate of the landlord,
if applicable.
As used in this section, tenant includes any person who hires real
property except those persons whose occupancy is described in
subdivision (b) of Section 1940 of the Civil Code.
This section shall become operative on January 1, 2012.
1161.1. With respect to application of Section 1161 in cases of
possession of commercial real property after default in the payment
of rent:
(a) If the amount stated in the notice provided to the tenant
pursuant to subdivision (2) of Section 1161 is clearly identified by
the notice as an estimate and the amount claimed is not in fact
correct, but it is determined upon the trial or other judicial
determination that rent was owing, and the amount claimed in the
notice was reasonably estimated, the tenant shall be subject to
judgment for possession and the actual amount of rent and other sums
found to be due. However, if (1) upon receipt of such a notice
claiming an amount identified by the notice as an estimate, the
tenant tenders to the landlord within the time for payment required
by the notice, the amount which the tenant has reasonably estimated
to be due and (2) if at trial it is determined that the amount of
rent then due was the amount tendered by the tenant or a lesser
amount, the tenant shall be deemed the prevailing party for all
purposes. If the court determines that the amount so tendered by the
tenant was less than the amount due, but was reasonably estimated,
the tenant shall retain the right to possession if the tenant pays to
the landlord within five days of the effective date of the judgment
(1) the amount previously tendered if it had not been previously
accepted, (2) the difference between the amount tendered and the
amount determined by the court to be due, and (3) any other sums as
ordered by the court.
(b) If the landlord accepts a partial payment of rent, including
any payment pursuant to subdivision (a), after serving notice
pursuant to Section 1161, the landlord, without any further notice to
the tenant, may commence and pursue an action under this chapter to
recover the difference between the amount demanded in that notice and
the payment actually received, and this shall be specified in the
complaint.
(c) If the landlord accepts a partial payment of rent after filing
the complaint pursuant to Section 1166, the landlord's acceptance of
the partial payment is evidence only of that payment, without waiver
of any rights or defenses of any of the parties. The landlord shall
be entitled to amend the complaint to reflect the partial payment
without creating a necessity for the filing of an additional answer
or other responsive pleading by the tenant, and without prior leave
of court, and such an amendment shall not delay the matter from
proceeding. However, this subdivision shall apply only if the
landlord provides actual notice to the tenant that acceptance of the
partial rent payment does not constitute a waiver of any rights,
including any right the landlord may have to recover possession of
the property.
(d) "Commercial real property" as used in this section, means all
real property in this state except dwelling units made subject to
Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of
Division 3 of the Civil Code, mobilehomes as defined in Section 798.3
of the Civil Code, or recreational vehicles as defined in Section
799.24 of the Civil Code.
(e) For the purposes of this section, there is a presumption
affecting the burden of proof that the amount of rent claimed or
tendered is reasonably estimated if, in relation to the amount
determined to be due upon the trial or other judicial determination
of that issue, the amount claimed or tendered was no more than 20
percent more or less than the amount determined to be due. However,
if the rent due is contingent upon information primarily within the
knowledge of the one party to the lease and that information has not
been furnished to, or has not accurately been furnished to, the other
party, the court shall consider that fact in determining the
reasonableness of the amount of rent claimed or tendered pursuant to
subdivision (a).
1161.2. (a) The clerk may allow access to limited civil case
records filed under this chapter, including the court file, index,
and register of actions, only as follows:
(1) To a party to the action, including a party's attorney.
(2) To any person who provides the clerk with the names of at
least one plaintiff and one defendant and the address of the
premises, including the apartment or unit number, if any.
(3) To a resident of the premises who provides the clerk with the
name of one of the parties or the case number and shows proof of
residency.
(4) To any person by order of the court, which may be granted ex
parte, on a showing of good cause.
(5) Except as provided in paragraph (6), to any other person 60
days after the complaint has been filed, unless a defendant prevails
in the action within 60 days of the filing of the complaint, in which
case the clerk may not allow access to any court records in the
action, except as provided in paragraphs (1) to (4), inclusive.
(6) In the case of a complaint involving residential property
based on Section 1161a as indicated in the caption of the complaint,
as required in subdivision (c) of Section 1166, to any other person,
if 60 days have elapsed since the complaint was filed with the court,
and, as of that date, judgment against all defendants has been
entered for the plaintiff, after a trial. If judgment is not entered
under the conditions described in this paragraph, the clerk shall not
allow access to any court records in the action, except as provided
in paragraphs (1) to (4), inclusive.
(b) For purposes of this section, "good cause" includes, but is
not limited to, the gathering of newsworthy facts by a person
described in Section 1070 of the Evidence Code. It is the intent of
the Legislature that a simple procedure be established to request the
ex parte order described in subdivision (a).
(c) Upon the filing of any case so restricted, the court clerk
shall mail notice to each defendant named in the action. The notice
shall be mailed to the address provided in the complaint. The notice
shall contain a statement that an unlawful detainer complaint
(eviction action) has been filed naming that party as a defendant,
and that access to the court file will be delayed for 60 days except
to a party, an attorney for one of the parties, or any other person
who (1) provides to the clerk the names of at least one plaintiff and
one defendant in the action and provides to the clerk the address,
including any applicable apartment, unit, or space number, of the
subject premises, or (2) provides to the clerk the name of one of the
parties in the action or the case number and can establish through
proper identification that he or she lives at the subject premises.
The notice shall also contain a statement that access to the court
index, register of actions, or other records is not permitted until
60 days after the complaint is filed, except pursuant to an order
upon a showing of good cause therefor. The notice shall contain on
its face the name and telephone number of the county bar association
and the name and telephone number of an office or offices funded by
the federal Legal Services Corporation or qualified legal services
projects that receive funds distributed pursuant to Section 6216 of
the Business and Professions Code, that provide legal services to
low-income persons in the county in which the action is filed. The
notice shall state that these numbers may be called for legal advice
regarding the case. The notice shall be issued between 24 and 48
hours of the filing of the complaint, excluding weekends and
holidays. One copy of the notice shall be addressed to "all occupants"
and mailed separately to the subject premises. The notice shall not
constitute service of the summons and complaint.
(d) Notwithstanding any other provision of law, the court shall
charge an additional fee of fifteen dollars ($15) for filing a first
appearance by the plaintiff. This fee shall be added to the uniform
filing fee for actions filed under this chapter.
(e) This section does not apply to a case that seeks to terminate
a mobilehome park tenancy if the statement of the character of the
proceeding in the caption of the complaint clearly indicates that the
complaint seeks termination of a mobilehome park tenancy.
1161.3. (a) Except as provided in subdivision (b), a landlord shall
not terminate a tenancy or fail to renew a tenancy based upon an act
or acts against a tenant or a tenant's household member that
constitute domestic violence as defined in Section 6211 of the Family
Code, sexual assault as defined in Section 1219, or stalking as
defined in Section 1708.7 of the Civil Code or Section 646.9 of the
Penal Code, if both of the following apply:
(1) The act or acts of domestic violence, sexual assault, or
stalking have been documented by one of the following:
(A) A temporary restraining order or emergency protective order
lawfully issued within the last 180 days pursuant to Section 527.6,
Part 3 (commencing with Section 6240), Part 4 (commencing with
Section 6300), or Part 5 (commencing with Section 6400) of Division
10 of the Family Code, Section 136.2 of the Penal Code, or Section
213.5 of the Welfare and Institutions Code that protects the tenant
or household member from domestic violence, sexual assault, or
stalking.
(B) A copy of a written report, written within the last 180 days,
by a peace officer employed by a state or local law enforcement
agency acting in his or her official capacity, stating that the
tenant or household member has filed a report alleging that he or she
or the household member is a victim of domestic violence, sexual
assault, or stalking.
(2) The person against whom the protection order has been issued
or who was named in the police report of the act or acts of domestic
violence, sexual assault, or stalking is not a tenant of the same
dwelling unit as the tenant or household member.
(b) A landlord may terminate or decline to renew a tenancy after
the tenant has availed himself or herself of the protections afforded
by subdivision (a) if both of the following apply:
(1) Either of the following:
(A) The tenant allows the person against whom the protection order
has been issued or who was named in the police report of the act or
acts of domestic violence, sexual assault, or stalking to visit the
property.
(B) The landlord reasonably believes that the presence of the
person against whom the protection order has been issued or who was
named in the police report of the act or acts of domestic violence,
sexual assault, or stalking poses a physical threat to other tenants,
guests, invitees, or licensees, or to a tenant's right to quiet
possession pursuant to Section 1927 of the Civil Code.
(2) The landlord previously gave at least three days' notice to
the tenant to correct a violation of paragraph (1).
(c) Notwithstanding any provision in the lease to the contrary,
the landlord shall not be liable to any other tenants for any action
that arises due to the landlord's compliance with this section.
(d) For the purposes of this section, "tenant" means tenant,
subtenant, lessee, or sublessee.
(e) The Judicial Council shall, on or before January 1, 2012,
develop a new form or revise an existing form that may be used by a
party to assert in the responsive pleading the grounds set forth in
this section as an affirmative defense to an unlawful detainer
action.
1161.5. When the notice required by Section 1161 states that the
lessor or the landlord may elect to declare the forfeiture of the
lease or rental agreement, that declaration shall be nullified and
the lease or rental agreement shall remain in effect if the lessee or
tenant performs within three days after service of the notice or if
the breach is waived by the lessor or the landlord after service of
the notice.
1161a. (a) As used in this section:
(1) "Manufactured home" has the same meaning as provided in
Section 18007 of the Health and Safety Code.
(2) "Mobilehome" has the same meaning as provided in Section 18008
of the Health and Safety Code.
(3) "Floating home" has the same meaning as provided in
subdivision (d) of Section 18075.55 of the Health and Safety Code.
(b) In any of the following cases, a person who holds over and
continues in possession of a manufactured home, mobilehome, floating
home, or real property after a three-day written notice to quit the
property has been served upon the person, or if there is a subtenant
in actual occupation of the premises, also upon such subtenant, as
prescribed in Section 1162, may be removed therefrom as prescribed in
this chapter:
(1) Where the property has been sold pursuant to a writ of
execution against such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.
(2) Where the property has been sold pursuant to a writ of sale,
upon the foreclosure by proceedings taken as prescribed in this code
of a mortgage, or under an express power of sale contained therein,
executed by such person, or a person under whom such person claims,
and the title under the foreclosure has been duly perfected.
(3) Where the property has been sold in accordance with Section
2924 of the Civil Code, under a power of sale contained in a deed of
trust executed by such person, or a person under whom such person
claims, and the title under the sale has been duly perfected.
(4) Where the property has been sold by such person, or a person
under whom such person claims, and the title under the sale has been
duly perfected.
(5) Where the property has been sold in accordance with Section
18037.5 of the Health and Safety Code under the default provisions of
a conditional sale contract or security agreement executed by such
person, or a person under whom such person claims, and the title
under the sale has been duly perfected.
(c) Notwithstanding the provisions of subdivision (b), a tenant or
subtenant in possession of a rental housing unit which has been sold
by reason of any of the causes enumerated in subdivision (b), who
rents or leases the rental housing unit either on a periodic basis
from week to week, month to month, or other interval, or for a fixed
period of time, shall be given written notice to quit pursuant to
Section 1162, at least as long as the term of hiring itself but not
exceeding 30 days, before the tenant or subtenant may be removed
therefrom as prescribed in this chapter.
(d) For the purpose of subdivision (c), "rental housing unit"
means any structure or any part thereof which is rented or offered
for rent for residential occupancy in this state.
1161b. (a) Notwithstanding Section 1161a, a tenant or subtenant in
possession of a rental housing unit at the time the property is sold
in foreclosure shall be given 60 days' written notice to quit
pursuant to Section 1162 before the tenant or subtenant may be
removed from the property as prescribed in this chapter.
(b) This section shall not apply if any party to the note remains
in the property as a tenant, subtenant, or occupant.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
1161c. (a) In the case of any foreclosure on a residential
property, the immediate successor in interest in the property
pursuant to the foreclosure shall attach a cover sheet, in the form
as set forth in subdivision (b), to any notice of termination of
tenancy served on a tenant of that property within the first year
after the foreclosure sale. This notice shall not be required if any
of the following apply:
(1) The tenancy is terminated pursuant to Section 1161.
(2) The successor in interest and the tenant have executed a
written rental agreement or lease or a written acknowledgment of a
preexisting rental agreement or lease.
(3) The tenant receiving the notice was not a tenant at the time
of the foreclosure.
(b) The cover sheet shall consist of the following notice, in at
least 12-point type:
Notice to Any Renters Living At