Cal. Civ. Code § 1954.204

Current through the 2024 Legislative Session.
Section 1954.204 - Disclosures to tenant

Before executing a rental agreement, a landlord who intends to charge a tenant separately from rent for water service in a property with submeters shall clearly disclose the following information to the tenant, in writing, in at least l0-point type, which may be incorporated into the rental agreement:

(a) That the tenant will be billed for water service separately from the rent.
(b) An estimate of the monthly bill for water service for dwelling units at the property based on either of the following:
(1) The average or median bill for water service for comparative dwelling units at the property over any three of the past six months.
(2) The amount of the bill based upon average indoor water use of a family of four of approximately 200 gallons per day, and including all other monthly charges that will be assessed. Estimates for other gallons per day may also be included. The estimate shall include a statement that the average family of four uses about 200 gallons of water each day.
(c) The due dates and payment procedures for bills for water service.
(d) A mailing address, an email address, and a toll-free telephone number or a local telephone number for the tenant to contact the landlord or billing agent with questions regarding the water service billing and the days and hours for regular telephone service at either number.
(e) That the monthly bill for water service may only include the following charges:
(1) Payment due for the amount of usage as measured by the submeter and charged at allowable rates in accordance with subdivision (a) of Section 1954.205.
(2) Payment of a portion of the fixed fee charged by the water purveyors for water service.
(3) A fee for the landlord's or billing agent's costs in accordance with paragraph (3) of subdivision (a) of Section 1954.205.
(4) Any late fee, with the amounts and times assessed, in compliance with Section 1954.213.
(f) A statement that the tenant shall notify the landlord of any leaks, drips, water fixtures that do not shut off properly, including, but not limited to, a toilet, or other problems with the water system, including, but not limited to, problems with water-saving devices, and that the landlord is required to investigate, and, if necessary, repair these problems within 21 days, otherwise, the water bill will be adjusted pursuant to law.
(g) A mailing address, an email address, and a toll-free telephone number or a local telephone number for the tenant to use to contact the landlord, or an agent of the landlord, to report any leaks, drips, water fixtures that do not shut off properly, including, but not limited to, a toilet, or other problems with the water system, including, but not limited to, problems with water-saving devices.
(h) A statement that the landlord shall provide any of the following information if asked by the tenant:
(1) The location of the submeter.
(2) The calculations used to determine a monthly bill.
(3) The date the submeter was last certified for use, and the date it is next scheduled for certification, if known.
(i) A statement that if the tenant believes that the submeter reading is inaccurate or the submeter is malfunctioning, the tenant shall first notify the landlord in writing and request an investigation. A tenant shall be provided with notice that if an alleged submeter malfunction is not resolved by the landlord, a tenant may contact the local county sealer and request that the submeter be tested. Contact information for the county sealer shall be included in the disclosure to the tenant.
(j) A statement that this disclosure is only a general overview of the laws regarding submeters and that the laws can be found at Chapter 2.5 (commencing with Section 1954.201) of Title 5 of Part 4 of Division 3 of the Civil Code, available online or at most libraries.

Ca. Civ. Code § 1954.204

Added by Stats 2016 ch 623 (SB 7),s 2, eff. 1/1/2017.