Calif. Civil Code §§3486 and 3486.5
Added and amended by A.B. 2485
Effective date: September 15, 2014
As part of an expanded pilot program, city attorneys in the cities of Sacramento or Oakland may file an unlawful detainer (UD) action against a tenant for nuisance for the unlawful sale of controlled substances on a rental property.
Upon receiving a 30-day written notice from the city attorney of the pending UD action, the property owner is required to provide information relating to the nuisance, and assign to the city attorney their right to pursue the UD. The property owner is only responsible for paying legal costs once the assignment is accepted and filed by the city attorney.
Additionally, the city attorney is required to provide the California Research Bureau with data related to UD actions brought under these provisions to allow the state to evaluate the effectiveness of the pilot program.
This pilot program sunsets on January 1, 2019.
Editor’s note — Though this law only applies to a total of three cities (Los Angeles was the flagship city), it has potential for broader application if the state finds the pilot program to be successful.