4
(2006) 39 Cal.4th 1164, 1190.)
Civil Code Section 1962, Subdivisions (a) and (b)
Subdivision (a) provides, in pertinent part, “Any owner of a dwelling structure specified
in Section 1961 or a party signing a rental agreement or lease on behalf of the owner shall do
all of the following: [¶] (1) Disclose therein the name, telephone number, and usual street
address at which personal service may be effected of each person who is: [¶] (A) Authorized to
manage the premises. [¶] (B) An owner of the premises or a person who is authorized to act for
and on behalf of the owner for the purpose of service of process and for the purpose of
receiving and receipting for all notices and demands. [¶] (2) Disclose therein the name,
telephone number, and address of the person or entity to whom rent payments shall be made.”
Subdivision (c) provides, “The information required by this section shall be kept current
and this section shall extend to and be enforceable against any successor owner or manager,
who shall comply with this section within 15 days of succeeding the previous owner or
manager. A successor owner or manager shall not serve a notice pursuant to paragraph (2) of
Section 1161 of the Code of Civil Procedure or otherwise evict a tenant for nonpayment of rent
that accrued during the period of noncompliance by a successor owner or manager with this
subdivision. Nothing in this subdivision shall relieve the tenant of any liability for unpaid
rent.”
Plain language
It is clear from the plain terms of the statute that the requirement to disclose pertinent
information applies to two distinct entities—“owners” and “successor owners.” Subdivision (a)
expressly states it applies to “[a]ny owner . . . or a party signing a rental agreement or lease on
behalf of the owner” and requires the disclosure of specified information. Subdivision (c)
states the disclosure requirements “shall extend to and be enforceable against any successor
owner or manager.” Subdivision (c) further provides that if a successor owner or manager fails
to provide the specified information, the prohibition against eviction applies. There is no
similar penalty for an owner or its agent who fails to comply with disclosure requirements
under either subdivision (a) or (c).