Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that expands certain residential tenancy protections to commercial property tenants, like prior notification of rent increases in California.

Highlights:

• Specifies in all leases for commercial real property by a qualified commercial tenant, that a rent increase would not be effective until the notice period required by these provisions has expired (Sec. 1). 

• Specifies that a violation of language requirements would not entitle a qualified commercial tenant to civil penalties (Sec. 1). 

• Authorizes the tenant to rescind the agreement for noncompliance with the translation requirement (Sec. 1). 

• Requires a landlord of a commercial real property to include information when a notice to terminate tenancy is to be given in the notice (Sec. 1). 

• Prohibits a landlord of a commercial real property from charging a qualified commercial tenant, as defined, a fee to recover building operating costs, as defined, unless specified conditions are met, including, among other things, that the costs are allocated proportionally per tenant and the qualified commercial tenant is provided supporting documentation, as specified (Sec. 1). 

• Authorizes a qualified commercial tenant to raise a violation of this provision as an affirmative defense in an action to recover possession based on a failure to pay the fee (Sec. 1). 

• Authorizes the district attorney, city attorney, or county counsel, as specified, to seek injunctive relief to make a landlord of a commercial real property who violates this provision liable to a qualified commercial tenant for specified damages (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that expands certain residential tenancy protections to commercial property tenants, like prior notification of rent increases in California.

Highlights:

• Specifies in all leases for commercial real property by a qualified commercial tenant, that a rent increase would not be effective until the notice period required by these provisions has expired (Sec. 1). 

• Specifies that a violation of language requirements would not entitle a qualified commercial tenant to civil penalties (Sec. 1). 

• Authorizes the tenant to rescind the agreement for noncompliance with the translation requirement (Sec. 1). 

• Requires a landlord of a commercial real property to include information when a notice to terminate tenancy is to be given in the notice (Sec. 1). 

• Prohibits a landlord of a commercial real property from charging a qualified commercial tenant, as defined, a fee to recover building operating costs, as defined, unless specified conditions are met, including, among other things, that the costs are allocated proportionally per tenant and the qualified commercial tenant is provided supporting documentation, as specified (Sec. 1). 

• Authorizes a qualified commercial tenant to raise a violation of this provision as an affirmative defense in an action to recover possession based on a failure to pay the fee (Sec. 1). 

• Authorizes the district attorney, city attorney, or county counsel, as specified, to seek injunctive relief to make a landlord of a commercial real property who violates this provision liable to a qualified commercial tenant for specified damages (Sec. 1).

Full Bill Text