SB 1190 California: a Guide for Landlords on Tenant Lease Break Rights

As landlords in California, staying abreast of legislative changes impacting our rental business is imperative.

A significant development is Senate Bill No. 1190 (Chapter 205), approved by the Governor on September 28, 2020. We aim to elucidate the nuances of SB 1190, focusing on how it affects landlords when tenants, who are victims of certain crimes, opt to break their lease.

What Is California SB 1190?

California SB 1190 expands the tenant’s rights who have been victims of specific crimes, allowing them to terminate their tenancy without incurring penalties.

This bill includes a broader spectrum of victimization, such as domestic violence, sexual assault, stalking, human trafficking, elder abuse, and crimes causing bodily injury or death. It came into effect following its approval on September 28, 2020.

Who Is Considered a “Victim Tenant” Under SB 1190?

Under SB 1190, a “victim tenant” includes not only the tenant themselves but also household members or immediate family members who have been victims of the specified crimes. Immediate family members are defined extensively, including parents, children, siblings, and others with a familial-like relationship with the tenant.

Rights and Protections for Victim Tenants

Victim tenants are entitled to terminate their leases early without facing the usual financial penalties. The notice to terminate must be accompanied by appropriate documentation, such as restraining orders, police reports, or statements from qualified third parties. This documentation serves as verification of the victimization.

Responsibilities and Considerations for Landlords

As landlords, navigating the complexities of Senate Bill No. 1190 requires not only an understanding of the legalities involved but also a compassionate approach toward affected tenants.

1. Understanding Legal Obligations

Landlords must be well-versed in the specifics of SB 1190. This includes knowing the types of crimes and circumstances that allow a tenant to terminate their lease early. It’s crucial to understand both the spirit and the letter of the law to ensure compliance and fair treatment of tenants.

2. Exercising Sensitivity and Compassion

As a landlord, it’s important to approach situations involving SB 1190 with sensitivity and compassion. You must recognize that tenants seeking to terminate their lease under these circumstances are likely going through a difficult and traumatic period. A compassionate approach not only helps in maintaining a positive landlord-tenant relationship but also demonstrates a humane and ethical business practice.

3. Handling Documentation

When a tenant presents documentation to terminate their lease under SB 1190, landlords are required to review and accept it, provided it meets the legal criteria. This documentation might include restraining orders, police reports, or statements from qualified third parties. Landlords should be familiar with what constitutes valid documentation.

4. Respecting Tenant Privacy

In these situations, tenants are likely going through traumatic experiences. It is essential for landlords to handle these cases with sensitivity and discretion. Respecting tenant privacy and confidentiality is paramount, and any information provided by the tenant should be treated with the utmost care.

5. Security Deposits and Advance Rent

SB 1190 explicitly prohibits landlords from withholding security deposits or advance rent payments due to lease termination under these circumstances. This means landlords must return these amounts as they would under normal lease termination circumstances, following the state’s regulations on security deposit returns.

6. Avoiding Discrimination

Landlords must ensure that they do not discriminate against tenants who have terminated a lease under SB 1190. This includes not refusing to rent to them in the future solely because they have exercised their renter’s rights under this bill. Such discrimination can lead to legal consequences.

7. Lease Agreement Modifications

It may be necessary for landlords to update their lease agreements to include information about SB 1190. This ensures that all parties are aware of the CA tenant rights from the start of the tenancy.

8. Consulting Legal Professionals

Given the legal complexities and the sensitive nature of situations under SB 1190, landlords should consider consulting with legal professionals specializing in real estate or tenant law.
This can help in ensuring compliance and in getting guidance on handling specific cases.

9. Maintaining Open Communication

Landlords should strive to maintain open, respectful communication with tenants who are going through the process of lease termination under SB 1190. This can help in understanding their situation better and in providing any necessary support or accommodations during the transition.

Effortless Compliance with Genuine Property Management

At Genuine Property Management, we pride ourselves on our deep understanding and in the ever-evolving rules and regulations of property management in California.

Recognized as the most trusted property management company in Orange County, we are committed to ensuring that our clients are always ahead of the curve when it comes to changes in the world of property management.

Our dedicated team ensures peace of mind, knowing that your property is managed with the utmost professionalism and care. Contact Genuine Property Management today to ensure your property is managed with excellence, making your investment journey worry-free.