This article sets forth the intent necessary for a deed to be considered an enforceable conveyance which will withstand claims it is void or voidable.

Increase of CalVet purchase limits

Amended by AB 1439:
Calif. Miliary and Veterans Code §987.65

The Department of Veterans Affairs may now lend up to 125% of the maximum Fannie Mae purchase limit on a veteran’s purchase of a single-family home and as much as 150% of the maximum Fannie Mae purchase limit when a farm is acquired.

Civil Rights Act of 2005

Amended by AB 1400:
Calif. Civil Code §§51, 51.5, 51.7, 51.8 and 53

Marital status and sexual orientation have been added to the Unruh Civil Rights Act which entitles individuals to equal treatment in all business establishments of every kind, including those services rendered by real estate brokers, agents, landlords, lenders and builders.

No reassessment on transfer between domestic partners

Amended by SB 565:
Calif. Revenue and Taxation Code §62

Beginning with the lien date, January 1st, for the 2006-07 fiscal year, a “change in ownership” triggering reassessment will exclude transfers of real estate between registered domestic partners.

Unlawful detainer court fees increased

Amended by AB 145:
Calif. Government Code §§70603 and 70613
Calif. Code of Civil Procedure §1161.2

The filing fee for an unlawful detainer action in which the amount demanded by the landlord is less than $10,000 is $180. When the amount demanded is more than $10,000, the fee is $300. An additional charge of $15 is added to any unlawful detainer fee if it is a landlord’s first appearance in court.

Amended by AB 145:
Calif. Government Code §70626

The fee for the issuance of a writ of possession or an abstract of judgment to a landlord is $15.

Amended by AB 145:
Calif. Code of Civil Procedure §116.230

The filing fees for a landlord to file a small claims action are:

  • $30 if the amount of the demand is less than $1,500;

  • $50 if the amount of the demand is more than $1,500 but not greater than $5,000; and

  • $75 if the amount of the demand is more than $5,000.

However, when a landlord has filed more than 12 small claims actions in California during the previous 12 months, the filing fee is $100.

Revised sexual predator disclosure

Amended by AB 1323:
Calif. Civil Code §2079.10a

The sexual predator’s notice in leases, rental agreements and purchase agreements for one-to-four unit residential properties has been modified by substituting an online database for the “900” number telephone service. The replacement online database notice must be in at least 8-point type and state the following:

Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides.

Editor’s note — first Tuesday forms affected by the substitution of the online database for the phone number have been modified and will soon be made available on our website.

Elimination of 60-day notice to vacate

Amended by SB 600:
Calif. Civil Code §1946.1

Effective January 1, 2006, a residential landlord is no longer required to serve a 60-day notice to vacate in order to terminate a month-to-month tenancy when the tenant has been in possession more than one year. A landlord’s 30-day notice to vacate will again be used to terminate all month-to-month tenancies.