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<ns0:Description>
<ns0:Id>20250SB__124398AMD</ns0:Id>
<ns0:VersionNum>98</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-19</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2026-03-25</ns0:ActionDate>
</ns0:Action>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1243</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Durazo</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Durazo</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend and repeal Sections 1785.20.4 and 1942.9 of, and to add and repeal Section 1946.6 of, the Civil Code, and to amend, add, and repeal Section 1161 of, and to add and repeal Section 1788.65 of, the Code of Civil Procedure, relating to civil actions. </ns0:Title>
<ns0:RelatingClause>civil actions</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Unlawful detainer: Tenant Protections for Immigrant Families Act of 2026.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law provides that a tenant is guilty of unlawful detainer if the tenant continues to possess the property without permission of the landlord after the tenant defaults on rent or fails to perform a condition or covenant of the lease under which the property is held, among other reasons. Existing law requires a tenant to be served a 3 days’ notice in writing to cure a default or perform a condition of the lease, or return possession of the property to the landlord, as specified.</html:p>
<html:p>This bill, the Tenant Protections for Immigrant Families Act of 2026, would, until January 1, 2030, prohibit an owner of residential real property, as defined, from initiating or continuing an unlawful detainer action to evict a tenant whose income, ability to obtain income, or
financial support, is impacted by immigration enforcement activities until 180 days after the conclusion of those immigration enforcement activities, as specified. The bill would require a tenant to submit a declaration of detention-related hardship to the owner that includes a specified statement signed under penalty of perjury in order for these protections to take effect. The bill would require a court to stay the proceeding of a pending unlawful detainer action against a covered tenant if certain conditions are satisfied, including that the tenant provides the court with documentation that the tenant or household member suffered a detention-related hardship that prevented them from paying the unpaid rent alleged in the unlawful detainer action. The bill would prohibit the owner from charging or collecting any late fees, interest, or other penalties related to the nonpayment of rent by a tenant subject to these provisions.</html:p>
<html:p>For purposes of the Act, this bill would
define “immigration enforcement activities” to include any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal immigration law, including any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States. The bill would define “detention-related hardship” to mean, among other things, loss of income or financial support by the tenant or household member due to immigration enforcement activities and the loss of income or increased costs or out-of-pocket expenses due to effects sustained by the tenant or household member from immigration enforcement activities.</html:p>
<html:p>This bill would require a 3 days’ notice to cure a default or perform a condition of the lease, or return possession of the property to the landlord, to include a specified statement advising the tenant that they cannot be evicted for failure to comply with the notice if the tenant delivers a signed
declaration of detention-related hardship to the landlord within 15 days.</html:p>
<html:p>This bill would prohibit a landlord from charging a tenant subject to these provisions fees assessed for the late payment of that rental debt. The bill would prohibit a person from selling or assigning any unpaid debt as a result of detention-related hardship. The bill would prohibit a housing provider or tenant screening company from using an alleged debt as a result of detention-related hardship as a negative factor for the purpose of evaluating a prospective housing application or as the basis for refusing to rent a dwelling unit to an otherwise qualified prospective tenant. The bill would delete similar provisions related to debts as a result of COVID-19 rental debt.</html:p>
<html:p>The bill would require the Judicial Council to review its existing forms and develop new forms to effectuate these provisions.</html:p>
<html:p>The bill
would repeal these provisions on January 1, 2030.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
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<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_FF52558A-F18A-4B7D-901A-9EFCBB68DDCA">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
California is home to more than 10 million immigrants, the nation’s largest by population and proportion, including nearly 2 million undocumented residents, who enrich our communities, strengthen our economy, and contribute to the cultural and social fabric of the Golden State.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
United States Immigration and Customs
Enforcement and the United States Department of Homeland Security (ICE) has targeted grocery stores, car washes, business vendors, construction sites, and garment factories in predominantly Latino communities.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
United States citizens, based on their skin color and appearance, have been unlawfully harassed, handcuffed, arrested, and deported.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Californians have experienced and documented countless instances of federal agents targeting and harassing residents based on the color of their skin, regardless of immigration status.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Since June 6, 2025, ICE, along with armed federal agents, has conducted military style immigration raids and arrests at work sites, homes, and public spaces, creating a climate of fear among immigrants dropping their children off at school, going to work, attending faith services,
seeking medical or emergency services, or shopping for essential needs.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Since June 6, 2025, over 10,000 individuals have been arrested in the indiscriminate raids at work sites, homes, and public spaces across Southern California. Nationally, there are over 70,000 individuals in detention, one of the highest numbers of detained individuals in our nation’s history. As a result, many residents are unable to move freely due to the threat of harassment, violence, and abduction, forcing them to shelter-in-place and impacting their ability to work, access critical medical care, and provide for their families.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
In addition to the threat of violence and abduction, many families are also grappling with the fear of eviction due to an inability to safely go to work.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
California immigrants are more likely to be rent
burdened than their native-born counterparts. Undocumented renters of multi-unit housing spend an additional seven hundred dollars ($700) on housing per year because of their undocumented status.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In 2023, 62 percent of undocumented renters in California were burdened by housing costs compared with 57 percent for all California immigrant renters. Thirty-one percent of all immigrant renters and 34 percent of undocumented renters were severely rent burdened, paying more than 50 percent of their household income on rent.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
In addition to deportations, ICE raids drive “widespread income loss, housing insecurity, and the looming threat of mass displacement” for California’s immigrant renters.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Los Angeles County immigrant renters’ average weekly earnings fell from seven hundred ninety-nine dollars and twenty-five
cents ($799.25) before the raids to three hundred four dollars and fifty-seven cents ($304.57) afterward, a 62 percent drop. Since the raids, renters reported spending 91 percent of their income on rent, on average, putting them at dire risk of eviction.
</html:p>
</ns0:Content>
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<ns0:BillSection id="id_E68D3F0A-DEAE-4B12-A39C-E8626AF3E224">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1942.9.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1942.9 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_BAD2208B-C19B-41A3-BDB9-BB859B10B0D3">
<ns0:Num>1942.9.</ns0:Num>
<ns0:LawSectionVersion id="id_94EF7646-A7AE-4FDC-AAB0-781BC1992A55">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, a landlord shall not, with respect to a tenant who has rental debt as a result of detention-related hardship, as that term is defined in Section 1946.6 of the Civil Code, do either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Charge a tenant, or attempt to collect from a tenant, fees assessed for the late payment of that
rental debt.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Increase fees charged to the tenant or charge the tenant fees for services previously provided by the landlord without charge.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
</html:p>
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<ns0:BillSection id="id_40C2E60C-4CF7-4899-B94F-29041747A5F9">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 1946.6 is added to the
<ns0:DocName>Civil Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_E533F52E-572C-4E04-8E7E-03B598A7B046">
<ns0:Num>1946.6.</ns0:Num>
<ns0:LawSectionVersion id="id_5B87942E-7B11-40FB-987F-42336704E4C6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
This section shall be known and may be cited as the Tenant Protections for Immigrant Families Act of 2026.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Covered tenant” means a person who lives in California and whose income, ability to obtain income, or financial support, is impacted by immigration enforcement activities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Covered time period” means 180 days after the conclusion of immigration enforcement activities that caused the detention-related hardship.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Detention-related hardship” means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The loss of income or financial support by the tenant or household member due to immigration enforcement activities.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The loss of income or increased costs or out-of-pocket expenses due to effects sustained by the tenant or household member from immigration enforcement activities.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The loss of income due to reduced hours or closure of the workplace in which the tenant or household member works, including loss of self-employment income, in direct response to immigration enforcement activities, including increased presence or raids conducted by immigration enforcement authorities.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Increased costs or out-of-pocket expenses for childcare to care for children whose parents or guardians have been transferred to a detention facility or barred from
reentry into the United States.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Increased costs or out-of-pocket expenses for attending to a family member who was injured as a result of immigration enforcement activities.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Other circumstances related to immigration enforcement activities that have reduced a tenant’s income or increased a tenant’s expenses.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Household member” means a member of the tenant’s household who lives in the same residential unit as the tenant.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Immigration enforcement activities” includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any efforts to investigate, enforce, or assist in the investigation or enforcement of any federal immigration law, including any federal criminal immigration law that penalizes a
person’s presence in, entry or reentry to, or employment in, the United States.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The detention, arrest, or removal of any person by any federal law enforcement agency, regardless of the individual’s immigration status or United States citizenship status, whether naturalized or born in the United States, during an immigration enforcement action.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The increased presence of raids conducted by immigration enforcement authorities.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, including a predecessor in interest to the owner, and includes the owner or operator of a mobilehome park or their agent.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Residential real property” means any dwelling or unit that is
intended for human habitation, including any dwelling or unit in a mobilehome park.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding any other law:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An owner shall not initiate or continue an unlawful detainer action pursuant to Section 1161 of the Code of Civil Procedure to evict a covered tenant that complies with the requirements of subdivision (e) for nonpayment of rent for the duration of the covered period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the conditions listed in subdivision (f) are satisfied in a pending unlawful detainer action against a covered tenant, the court shall stay the proceedings if the covered tenant’s ability to pay rent is affected by detention-related hardships.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An owner shall not charge or collect any late fees, interest, or other penalties related to the nonpayment of rent by
a covered tenant during the covered time period.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A covered tenant of residential real property may assert detention-related hardship as an affirmative defense in any unlawful detainer proceeding for nonpayment of rent pursuant to Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
To qualify for the protections under paragraph (1) of subdivision (c), a covered tenant shall provide a declaration of detention-related hardship, signed under penalty of perjury, to the owner within 15 days, excluding Saturday, Sunday, and judicial holidays, from when the owner issued the 3-day notice to pay or quit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A declaration of detention-related hardship shall include the following statement:
</html:p>
<html:p>“I am/The covered tenant is currently unable to pay my rent or other
financial obligations under the lease in full because of one or more of the following:</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The loss of income or financial support by the tenant or household member, or immediate family member due to the detention by federal immigration enforcement authorities including, but not limited to, removal proceedings, transfer to detention facilities, bar from reentry into the United States.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The loss of income or increased costs or out-of-pocket expenses due to injuries sustained by the tenant, household member, or immediately family from detention, removal proceedings, transfer to detention facilities, or immigration enforcement activities including increased presence or raids conducted by immigration enforcement authorities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The loss of income due to reduced hours or closure of the workplace in which the tenant,
household member, or immediate family member works, including loss of self-employment income, in direct response to immigration enforcement activities including increased presence or raids conducted by immigration enforcement authorities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Increased costs or out-of-pocket expenses for childcare to care for children whose parents or guardians have been detained.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Increased costs or out-of-pocket expenses for attending to a family member who was injured from detention, removal proceedings, or immigration enforcement activities including increased presence or raids conducted by immigration enforcement authorities.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Other circumstances related to the detention by the federal immigration enforcement authorities including, but not limited to, removal proceedings, transfer to detention facilities, bar from reentry
into the United States that limit have reduced a tenant’s income or increased a tenant’s expense.”
</html:p>
<html:p>Any public assistance, including unemployment insurance, unemployment assistance, state disability insurance (SDI), or paid family leave, that I have/the covered tenant has received since the start of the detention-related hardship does not fully make up for my loss of income and/or increased expenses.</html:p>
<html:p>Signed under penalty of perjury.</html:p>
<html:p>Signed:_____</html:p>
<html:p>Name:_____</html:p>
<html:p>Dated:_____</html:p>
<html:p>If not the covered tenant, Relationship to Covered Tenant:_____”</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The court shall stay a unlawful detainer action pursuant to this section if the tenant satisfies all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The tenant successfully provides the declaration of detention-related hardship described in subdivision (e) to the owner within the time period prescribed by subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The tenant provides the court with either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Documentation from a third party, based on information received by that third party, that the covered tenant or household member suffered a detention-related hardship that prevented the covered tenant from paying the unpaid rent alleged in the unlawful detainer action.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any other form of documentation that reasonably verifies that the detention-related hardship prevented the tenant from paying the unpaid rent alleged in the unlawful detainer action.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If the tenant provides the evidence required by subdivisions (e) and (f), the court shall stay the unlawful detainer action until the earlier of either of the following, whichever comes first:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
180 days after the tenant or household member’s detention-related hardship ends.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
180 days after the covered time period.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section does not relieve a covered tenant of the obligation to pay rent, but may prevent the court from issuing a judgment of possession or a writ of execution in favor of the owner in an unlawful detainer action.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notwithstanding any other law, an owner shall not do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Disclose or threaten to disclose a tenant’s
immigration status to any person or entity for the purpose of harassing, intimidating, or retaliating against the tenant pursuant to Section 1940.3 of the Civil Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Threaten to disclose a tenant’s immigration status to influence a tenant or tenant’s household to vacate a dwelling pursuant to Section 1940.2 of the Civil Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ask about a tenant's, or household member’s, citizenship or immigration status.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Each unlawful detainer action covered under this section shall remain sealed and masked pursuant to Section 1161.2 of the Code of Civil Procedure.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If an owner fails to comply with any provision of this section, any written termination of the lease shall be rendered as void.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An owner who attempts to recover possession of a residential unit in violation of the section shall be liable to the tenant in a civil action for any and all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Actual damages.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Reasonable attorneys fees and costs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. The court may also award punitive damages for the benefit of the tenant against the owner.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
The Attorney General, in the name of the people of the State of California, and the city attorney or county counsel in the jurisdiction in which the rental unit is located, in the name of the city or county, may seek injunctive
relief based on violations of this section.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Any waiver of the rights under this section shall be void as contrary to public policy.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section does not enlarge or diminish any ability of local government to impose or enforce any local laws or requirements upon an owner that provide greater protection to a tenant.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The Judicial Council shall review its forms 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 and, by January 1, 2027, make any changes to those forms that the Judicial Council deems necessary to conform them to this section.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that
date is repealed.
</html:p>
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<ns0:BillSection id="id_DA5AA303-A027-401F-8814-DE3919C65C5C">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 1785.20.4 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_51E399B6-CBF6-4021-B2D6-64752B49F499">
<ns0:Num>1785.20.4.</ns0:Num>
<ns0:LawSectionVersion id="id_E2981935-E399-4AC6-8FBC-A9DFE6B5A9B8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A housing provider, tenant screening company, or other entity that evaluates tenants on behalf of a housing provider shall not use an alleged debt as a result of detention-related hardship, as defined in Section 1946.6 of the Civil Code, as a negative factor for the purpose of evaluating a prospective housing application or as the basis for refusing to rent a dwelling unit to an otherwise qualified prospective tenant.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
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</ns0:BillSection>
<ns0:BillSection id="id_997D308E-D9E9-4B67-92A9-D94B4A7B5D2A">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 1161 of the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_43135E00-E854-4375-BDBE-AA5F6FD57543">
<ns0:Num>1161.</ns0:Num>
<ns0:LawSectionVersion id="id_9370AA10-3BDC-4E87-B42E-4BB9088FBF99">
<ns0:Content>
<html:p>A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:</html:p>
<html:p>
1.
<html:span class="EnSpace"/>
When the tenant 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 the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the 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 shall first be terminated by notice, as prescribed in the Civil Code.
</html:p>
<html:p>
2.
<html:span class="EnSpace"/>
When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the 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, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that 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 the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.
</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if 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 the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the 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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A notice that demands payment of rent shall comply with the
following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The notice shall advise the tenant that the tenant cannot be evicted for failure to comply with the notice if the tenant delivers a signed declaration of detention-related hardship, as defined by Section 1946.6 of the Civil Code, to the landlord within 15 days, excluding Saturday, Sunday, and judicial holidays, from when the landlord issues the 3-day notice to pay or quit, by any of the methods specified in subdivision (c).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The notice described in clause (i) shall include the following text in at least 12-point font:
</html:p>
<html:p>“NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income or increased expenses due to immigration detention-related hardships, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form
included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose these eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.</html:p>
<html:p>You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.</html:p>
<html:p>For information about legal resources that may be available to you, visit lawhelpca.org.”</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The Judicial Council shall create forms to effectuate this subdivision by January 1, 2027.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A declaration of detention-related hardship may be delivered to the landlord by any of the following methods:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In person, if the landlord indicates in the notice, in the rental agreement, or in a notice of change of ownership or management under Section 1962 of the Civil Code, at an address at which rent may be delivered in person.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
By electronic transmission, if the landlord indicates an email address in the notice to which the declaration may be delivered, or if the landlord and tenant negotiated the tenancy by email, if they signed the rental agreement electronically, or if a permissible email contact is indicated in a notice of change of
ownership or management under Section 1962 of the Civil Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Through United States mail to the address indicated by the landlord in the notice, or in the rental agreement, or in a notice of change of ownership or management under Section 1962 of the Civil Code, for purposes of delivery rent. If the landlord does not provide an address pursuant to paragraph (2) of subdivision (a) of Section 1962 of the Civil Code, then it shall be conclusively presumed that upon the mailing of the declaration by the tenant to the address provided by the landlord that the declaration is received by the landlord on the date posted if the tenant can show proof of mailing to the address provided by the landlord.
</html:p>
<html:p>
3.
<html:span class="EnSpace"/>
When the tenant 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, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, 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 the subtenant, demanding the performance of the violated conditions or covenants of the lease.
</html:p>
<html:p>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 that person’s unlawful detention of the premises underlet to or held by that person.</html:p>
<html:p>
4.
<html:span class="EnSpace"/>
Any tenant, subtenant, or executor or administrator of that person’s 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 the 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 the landlord’s 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 or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or 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.
</html:p>
<html:p>
5.
<html:span class="EnSpace"/>
When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenant’s 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 the landlord, or the
successor in estate of the landlord, if applicable.
</html:p>
<html:p>
6.
<html:span class="EnSpace"/>
A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.
</html:p>
<html:p>
7.
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
8.
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as
of that date is repealed.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_776B4AE3-2019-414E-A389-186ED23BF2FA">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 1161 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5D92366D-A796-4CB9-B35D-1EE10A0ACFA2">
<ns0:Num>1161.</ns0:Num>
<ns0:LawSectionVersion id="id_08B666E2-4134-4F62-B8E9-1EBACE4EAB6C">
<ns0:Content>
<html:p>A tenant of real property, for a term less than life, or the executor or administrator of the tenant’s estate heretofore qualified and now acting or hereafter to be qualified and act, is guilty of unlawful detainer:</html:p>
<html:p>
1.
<html:span class="EnSpace"/>
When the tenant 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 the tenant; provided the expiration is of a nondefault nature however brought about without the permission of the landlord, or the successor in estate of the 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 shall first be terminated by notice, as prescribed in the Civil Code.
</html:p>
<html:p>
2.
<html:span class="EnSpace"/>
When the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the 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, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that 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 the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.
</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The notice may be served at any time within one year after the rent becomes due. In all cases of tenancy upon agricultural lands, if 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 the landlord, if applicable, the tenant shall be deemed to be holding by permission of the landlord or successor in estate of the 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.
</html:p>
<html:p>
3.
<html:span class="EnSpace"/>
When the tenant 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, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring the performance of those conditions or covenants, or the possession of the property, shall have been served upon the tenant, and if there is a subtenant in actual occupation of the premises, also, upon the subtenant. Within three days, excluding Saturdays and Sundays and other judicial holidays, 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 the subtenant, demanding the performance of the violated conditions or covenants of the lease.
</html:p>
<html:p>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 that person’s unlawful detention of the premises underlet to or held by that person.</html:p>
<html:p>
4.
<html:span class="EnSpace"/>
Any tenant, subtenant, or executor or administrator of that person’s 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 the 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 the landlord’s 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 or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or 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.
</html:p>
<html:p>
5.
<html:span class="EnSpace"/>
When the tenant gives written notice as provided in Section 1946 of the Civil Code of the tenant’s 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 the landlord, or the successor in
estate of the landlord, if applicable.
</html:p>
<html:p>
6.
<html:span class="EnSpace"/>
A landlord or its agent shall not charge a tenant a fee for serving, posting, or otherwise delivering any notice, as described in this section.
</html:p>
<html:p>
7.
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
8.
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2030.
</html:p>
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<ns0:BillSection id="id_A0C1FAB2-6C4D-49DB-B14C-3B0DF793748C">
<ns0:Num>SEC. 7.</ns0:Num>
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Section 1788.65 is added to the
<ns0:DocName>Code of Civil Procedure</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F5476912-4C86-4227-B85D-78C22114248A">
<ns0:Num>1788.65.</ns0:Num>
<ns0:LawSectionVersion id="id_34DE35B2-06E4-4026-B279-FFB9E5EE8AE6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, a person shall not sell or assign any unpaid debt as a result of detention-related hardship, as defined in Section 1946.6 of the Civil Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A1A046DD-39DD-4F91-B343-5F5F60D6C49E">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:JR11>
All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 19, 2026. (JR11)</ns0:JR11>
</ns0:Bill>
</ns0:MeasureDoc>