Tenant’s Limited Right to Post Political Signs

With the election season upon us, landlords should be aware of a California law granting residential tenants a limited right to display or post political signs.

Under Civil Code section 1940.4, tenants have a limited right to post or display political signs related to (1) an election or legislative vote, including an election of a candidate to public office, (2) the initiative, referendum or recall process, or (3) issues before a public commission, public board or elected body for a vote. [Civil Code § 1940.4(a)]

A tenant may display or post political signs in the window or on the door of premises leased by the tenant in a multifamily dwelling, or from the yard, window, door, balcony or outside wall of premises leased by the tenant in a single-family dwelling. [Civil Code § 1940.4(b)]

Landlords may prohibit a tenant from posting or displaying political signs when: (a) the political sign is more than six square feet in size; (b) the displaying or posting would violate local, state or federal law; or (c) the posting or displaying would violate a lawful provision in a common interest development governing a document. [Civil Code § 1940.4(c)]

Tenants must post and remove political signs in compliance with time limits set local governing ordinances and are solely responsible for any violations. [Civil Code § 1940.4(d)] If no local ordinance exists or if the ordinance does not contain time limits for posting or removing political signs on private property, the landlord may establish a reasonable time period. For this purpose, a reasonable time period shall begin at least 90 days prior to the date of the election or vote to which the sign relates and end at least 15 days following the election or vote date. [Civil Code § 1940.4(d)]

Notwithstanding any other provision of law, any changes in tenancy terms made to implement Civil Code § 1940.4 and noticed pursuant to Civil Code § 827 (notice of change of terms of tenancy) are not be deemed to cause a diminution in housing services and may be enforced in accordance with Section 1161 of the Code of Civil Procedure (eviction proceedings). [Civil Code § 1940.4(e)]

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 

© 2016 Ruzicka, Wallace & Coughlin, LLP.

California Law Does Not Allow The Withholding Of Rent Due To Alleged Violations Of The Federal Americans With Disabilities Act

A California tenant is not permitted to withhold rent on the basis of alleged violations of the Americans With Disabilities Act ("ADA"). Title III of the ADA bans disability discrimination in places of public accommodation. It provides in part that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation.” [42 U.S.C. § 12182] The ADA does not apply to privately owned houses, apartments, and condominiums. [Birke v Oakwood Worldwide (2009) 169 CA4th 1540, 1552] At most, the public accommodations accessibility requirements in Title III of the ADA [42 USC §12182(a)] may apply to privately owned facilities to the extent that areas of the facility are open to the public (not just renters), such as leasing offices, parking lots, and pathways from the public street to the public accommodations. [See, e.g., Nicholls v Holiday Panay Marina, LP (2009) 173 CA4th 966] However, the ADA does not provide tenants with a right to withhold rent based on alleged violations of the ADA.  Moreover, California's implied warranty of habitability has not been extended to alleged violations of the ADA. [See, Code Civ. Proc. § 1174.2]

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice. 

© 2016 Ruzicka, Wallace & Coughlin, LLP.