California 2021-2022 Regular Session Status: In Committee 1 D cosponsors

AB 2297 — Tenancy: fee in lieu of a security deposit.

Last action — Referred to Com. on JUD.

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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 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law generally regulates security for a rental agreement for residential property that is used as the dwelling of the tenant. Existing law defines "security" for that purpose to mean a payment, fee, deposit, or charge that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, as specified. This bill, among other things, would require a landlord who offers a tenant or prospective tenant the option of paying a fee in lieu of a security deposit to take certain action, including offer the tenant or prospective tenant the option to instead pay a security deposit. The bill would authorize a tenant who accepts an offer to pay a fee in lieu of a security deposit to terminate the agreement to pay the fee in lieu of a security deposit at any time and to stop paying the fee if the tenant chooses to instead make a security deposit in the amount that the landlord offers to new tenants for substantially similar housing on the date the tenant chooses to make a security deposit instead of paying a fee in lieu of a security deposit. The bill would prohibit a landlord who collects a fee in lieu of a security deposit pursuant to the bill from submitting a claim for damages or rental debt, as defined, to a third party unless the landlord has given notice to the tenant of the claim for damages or rental debt no later than 30 days after the date the tenant surrendered possession of the dwelling. The bill would provide that a fee in lieu of a security deposit offered pursuant to the bill is not "security," as defined in the provisions discussed above.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The bill AB 2297 has been updated by adding new content, while also removing some existing text. This change likely reflects an effort to clarify the legislation and improve its effectiveness. The adjustments could better address the needs of the community or streamline the bill’s implementation. Overall, these modifications aim to ensure that the law achieves its intended goals more efficiently.

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Action History

  1. Referred to Com. on JUD.

  2. From printer. May be heard in committee March 19.

  3. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2297 do?
Existing law generally regulates security for a rental agreement for residential property that is used as the dwelling of the tenant. Existing law defines "security" for that purpose to mean a payment, fee, deposit, or charge that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, as specified. This bill, among other things, would require a landlord who offers a tenant or prospective tenant the option of paying a fee in lieu of a security deposit to take certain action, including offer the tenant or prospective tenant the option to instead pay a security deposit. The bill would authorize a tenant who accepts an offer to pay a fee in lieu of a security deposit to terminate the agreement to pay the fee in lieu of a security deposit at any time and to stop paying the fee if the tenant chooses to instead make a security deposit in the amount that the landlord offers to new tenants for substantially similar housing on the date the tenant chooses to make a security deposit instead of paying a fee in lieu of a security deposit. The bill would prohibit a landlord who collects a fee in lieu of a security deposit pursuant to the bill from submitting a claim for damages or rental debt, as defined, to a third party unless the landlord has given notice to the tenant of the claim for damages or rental debt no later than 30 days after the date the tenant surrendered possession of the dwelling. The bill would provide that a fee in lieu of a security deposit offered pursuant to the bill is not "security," as defined in the provisions discussed above.
Who sponsors AB 2297?
AB 2297 is sponsored by Wicks, Buffy (Democratic).
What is the current status of AB 2297?
This bill died with 2021-2022 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 2297?
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Last checked for changes 3 months ago · updated continuously

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