California 2015-2016 Regular Session Status: In Committee

AB 2312 — Unlawful detainer: payment of rent funds.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, a tenant of real property, for a term less than life, or the executor or administrator of his or her estate, is guilty of unlawful detainer when he or she continues in possession of the property, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, after default in the payment of rent pursuant to the lease or agreement under which the property is held, as specified. If the defendant appears in an unlawful detainer action, existing law requires that the trial of the proceeding be held not later than the 20th day following the date that the request to set the time of the trial is made. If the trial is not held within that time, existing law requires the court, upon finding that there is a reasonable probability that the plaintiff will prevail, to determine the amount of damages, if any, to be suffered by the plaintiff by reason of the extension, and to issue an order requiring the defendant to pay that amount to the court as the rent would otherwise become due and payable for so long as the defendant remains in possession pending the termination of the action. This bill would, in an unlawful detainer action described above, require a defendant who is represented by an attorney to deliver rent funds, as defined, to his or her attorney each month after the summons and complaint have been filed, as specified, until the plaintiff regains possession of the property or the court enters judgment in favor of the defendant. The bill would also require the defendant's attorney to deposit the rent funds into a trust account and to send a letter confirming receipt of the rent funds to the plaintiff or plaintiff's counsel within 4 days of receipt of the rent funds. The bill would further require the defendant's attorney to release the rent funds as directed by the court or pursuant to a written agreement between the parties.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. In committee: Hearing postponed by committee.

  3. Re-referred to Com. on JUD.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  5. Referred to Com. on JUD.

  6. From printer. May be heard in committee March 20.

  7. Read first time. To print.

Sponsors

  • Gatto · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Gatto

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does AB 2312 do?
Under existing law, a tenant of real property, for a term less than life, or the executor or administrator of his or her estate, is guilty of unlawful detainer when he or she continues in possession of the property, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, after default in the payment of rent pursuant to the lease or agreement under which the property is held, as specified. If the defendant appears in an unlawful detainer action, existing law requires that the trial of the proceeding be held not later than the 20th day following the date that the request to set the time of the trial is made. If the trial is not held within that time, existing law requires the court, upon finding that there is a reasonable probability that the plaintiff will prevail, to determine the amount of damages, if any, to be suffered by the plaintiff by reason of the extension, and to issue an order requiring the defendant to pay that amount to the court as the rent would otherwise become due and payable for so long as the defendant remains in possession pending the termination of the action. This bill would, in an unlawful detainer action described above, require a defendant who is represented by an attorney to deliver rent funds, as defined, to his or her attorney each month after the summons and complaint have been filed, as specified, until the plaintiff regains possession of the property or the court enters judgment in favor of the defendant. The bill would also require the defendant's attorney to deposit the rent funds into a trust account and to send a letter confirming receipt of the rent funds to the plaintiff or plaintiff's counsel within 4 days of receipt of the rent funds. The bill would further require the defendant's attorney to release the rent funds as directed by the court or pursuant to a written agreement between the parties.
Who sponsors AB 2312?
AB 2312 is sponsored by Gatto.
What is the current status of AB 2312?
This bill died with 2015-2016 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2312?
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