Store Research
Assembly Bill 2330 (Migden – 2002)
Chapter 1061, Statutes of 2002
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Civil Code sections 1950.5 and 1954 were amended in 2002 following legislative passage of Assembly Bill 2330, which affected these two sections only. (See Exhibit #1f) Assembly member Carole Migden introduced the legislation on February 21, 2002 at the request of the Association of Community Organizations for Reform Now [ACORN] and the Service Employees International Union [SEIU], State Council. (See Exhibits #1a and #9a, page 1)
Assembly Bill 2330 was assigned to the Assembly and Senate Committees on Judiciary that considered the policy issues raised by the bill. (See Exhibits #3 and #7) This bill was amended on four occasions, twice in each House, before legislative approval. (See Exhibits #1b through #1e and #2) Governor Gray Davis signed the measure on September 29, 2002 and the Secretary of State recorded it on that date as Chapter 1061 of the Statutes of 2002. (See Exhibits #1f and #2)
The Third Reading analysis of Assembly Bill 2330 as last amended described this measure as follows:
DIGEST: This bill makes several changes to the security deposit law:
A tenant’s liability for failure to clean the premises upon a termination of tenancy would be based upon whether the unit was returned to the “same level of cleanliness” as it was at the inception of the tenancy.
Tenants may demand an initial inspection by the landlord of the premises, be present during the inspection, and receive an itemized statement listing any repairs or cleaning that would be a basis for a deduction. The tenant would have the opportunity following that initial inspection to make the necessary repairs or cleaning before the tenancy ends and the final inspection.
The penalty for a landlord’s bad faith retention or claim of a security deposit would be increased from $600 to twice the amount of the security.
Senate Floor Amendments of 8/14/02 (1) delete requirement that landlords to pay tenants interest on the tenant's security deposit; and (2) allow the tenant and landlord to mutually agree to forego the 48 hour written notice of an inspection and, instead sign a waiver.
(See Exhibit #9b, pages 1 and 2)