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send the rent payment. With accounts of rental scams increasingly in the news . . . , supporters
contend that it is reasonable for tenants to refrain from sending rent to the person they know to
be the former owner, or other unknown persons, unless they have received proper notice from
the new owner were to send rent, as required by law. As acknowledged by the California
Apartment Association, ‘It is logical to assume that if a new owner doesn’t provide notice to a
tenant about change in ownership, the new owner cannot expect to receive the rent timely.’”
(Assem. Analyses, 3d reading analysis of Assem. Bill No. 1953 (2011-2012 Reg. Sess.) as
amended May 9, 2012, p. 3.)
The bill’s author also noted the abuse “[i]n rent control jurisdictions,” where “new
owners in some cases delay notifying tenants where to send rent, allow rent to build up, and
then after many months evict for nonpayment in order to vacate homes of low-rent tenants. In
addition, the failure of new owners to timely notify tenants where to pay rent can lead to
particular problems for tenants who receive benefits such as SSI, as these tenants risk losing
their benefits if they accumulate too much money in their bank accounts.” (Sen. Com. on
Judiciary, Analysis of Assem. Bill No. 1953 (2011-2012 Reg. Sess.) as amended May 9, 2012,
p. 3.)
Thus, the legislative history makes clear the primary purpose for adding subdivision (c)
to section 1962 was to ensure successor owners and/or their managers would notify their
tenants where they were to send rent payments so as to avoid evictions based on nonpayment of
rent. The instant case did not involve any of the scenarios for which the legislature had
expressed concern and which prompted the addition of subdivision (c). In fact, any concern
about successor owner abuse along those lines was effectively addressed by the execution of a
new lease between plaintiff’s manager and defendant on the day plaintiff became the owner of
the property.
Where, as here, an owner or its manager enters into a new lease with an existing tenant,
the owner or its manager is not a “successor” owner or manager for purposes of section 1962,
subdivision (c), and subdivision (c) does not apply to bar an unlawful detainer action. As such,
any deficiencies in the information disclosed in the new lease are addressed by operation of