Cal. Civ. Code § 1951.7
California Civil Code
Operative Text
(a) As used in this section, “advance payment” means moneys paid to the lessor of real property as prepayment of rent, or as a deposit to secure faithful performance of the terms of the lease, or another payment that is the substantial equivalent of either of these. A payment that is not in excess of the amount of one month’s rent is not an advance payment for purposes of this section. (b) The notice provided by subdivision (c) is required to be given only if all of the following apply: (1) The lessee has made an advance payment. (2) The lease is terminated pursuant to Section 1951.2. (3) The lessee has made a request, in writing, to the lessor that he or she be given notice under subdivision (c). (c) Upon the initial reletting of the property, the lessor shall send a written notice to the lessee stating that the property has been relet, the name and address of the new lessee, and the length of the new lease and the amount of the rent. The notice shall be delivered to the lessee personally, or be sent by regular mail to the lessee at the address shown on the request, not later than 30 days after the new lessee takes possession of the property. Notice is not required if the amount of the rent due and unpaid at the time of termination exceeds the amount of the advance payment.
California Civil Code § 1951.7 establishes a conditional notice requirement that applies when a lease is terminated under § 1951.2 and the tenant has made an 'advance payment'—generally any prepayment of rent or security deposit exceeding one month's rent. When those conditions are met and the tenant has submitted a written request, the landlord must send written notice within 30 days of the new tenant taking possession, disclosing the new tenant's name and address, the lease length, and the new rent amount. This obligation does not apply if the unpaid rent owed at termination exceeds the advance payment.
Plain English — not legal advice.
Under Cal. Civ. Code § 1951.7, compliant operators track whether a departing tenant has submitted a written notice request and whether an advance payment was collected, and they calendar the 30-day window that opens once a new tenant takes possession. The required written notice includes the new tenant's name, address, lease term, and rent amount, delivered personally or by regular mail to the address the former tenant provided. Operators also confirm whether unpaid rent at termination exceeded the advance payment, since that circumstance eliminates the notice obligation entirely.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1951.7 gives tenants who have made a qualifying advance payment the right to receive written notice when the property is rerented—but only if the tenant submits a written request to the landlord asking for that notice. If a landlord fails to provide the required disclosure within 30 days of the new tenant moving in, that non-compliance may be relevant to disputes over how advance payment funds were applied. Tenants who believe their rights under this section were not honored can consult a tenant-rights organization or raise the issue with a local rent board where one exists.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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