California Code of Civil Procedure 1179.04.5 – Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or …
Notwithstanding Sections 1470, 1947, and 1950 of the Civil Code, or any other law, for the duration of any tenancy that existed during the covered time period, the landlord shall not do either of the following:
(a) Apply a security deposit to satisfy COVID-19 rental debt, unless the tenant has agreed, in writing, to allow the deposit to be so applied. Nothing in this subdivision shall prohibit a landlord from applying a security deposit to satisfy COVID-19 rental debt after the tenancy ends, in accordance with § 1950.5 of the Civil Code.
Terms Used In California Code of Civil Procedure 1179.04.5
- Month: means a calendar month, unless otherwise expressed. See California Code of Civil Procedure 17
- Writing: includes printing and typewriting. See California Code of Civil Procedure 17
(b) Apply a monthly rental payment to any COVID-19 rental debt other than the prospective month‘s rent, unless the tenant has agreed, in writing, to allow the payment to be so applied.
(Added by Stats. 2021, Ch. 5, Sec. 2. (AB 81) Effective February 23, 2021. Repealed as of October 1, 2025, pursuant to Section 1179.07. Note: This section is derived from Civil Code Section 1179.04.5. In effect, Stats. 2021, Ch. 5, Sec. 2, repealed Section 1179.04.5 in the Civil Code and added it to this code.)