California Codes

Cal. Civil Code § 1940 (2026)

Hiring of Real Property

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(a)Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.

(b)The term “persons who hire” shall not include a person who maintains either of the following:

(1)Transient occupancy in a hotel, motel, residence club, or other facility when the transient occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code. The term “persons who hire” shall not include a person to whom this paragraph pertains if the person has not made valid payment for all room and other related charges owing as of the last day on which his or her occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code.

(2)Occupancy at a hotel or motel where the innkeeper retains a right of access to and control of the dwelling unit and the hotel or motel provides or offers all of the following services to all of the residents:

(A)Facilities for the safeguarding of personal property pursuant to Section 1860.

(B)Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.

(C)Maid, mail, and room services.

(D)Occupancy for periods of less than seven days.

(E)Food service provided by a food establishment, as defined in Section 113780 of the Health and Safety Code, located on or adjacent to the premises of the hotel or motel and owned or operated by the innkeeper or owned or operated by a person or entity pursuant to a lease or similar relationship with the innkeeper or person or entity affiliated with the innkeeper.

(c)“Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

(d)Nothing in this section shall be construed to limit the application of any provision of this chapter to tenancy in a dwelling unit unless the provision is so limited by its specific terms.

Notes of Decisions
Cited in 17 cases (5 in the last 5 years), 1979–2026 · leading case: Spinks v. Equity Residential Briarwood Apts., 171 Cal. App. 4th 1004 (Cal. Ct. App. 2009).
Spinks v. Equity Residential Briarwood Apts., 171 Cal. App. 4th 1004 (Cal. Ct. App. 2009). · cites it 9× “(Civ. Code, § 1940 et seq.) Generally speaking, that chapter applies broadly “to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.”
City of San Bernardino Hotel/Motel Ass'n v. City of San Bernardino, 59 Cal. App. 4th 237 (Cal. Ct. App. 1997). · cites it 2× “Civil Code sections 1940 and 1940.1 subdivision (a) are part of a chapter entitled “Hiring of Real Property.”
Strickland v. Becks, 95 Cal. App. Supp. 3d 18 (Cal. App. Dep’t Super. Ct. 1979). · cites it 2× “At the trial the defendant prevailed in her affirmative defense based upon breach of warranty of habitability (Civ. Code, §§ 1940, 1941 & 1942) (see Green v.”
Buena Park Motel Ass'n v. City of Buena Park, 109 Cal. App. 4th 302 (Cal. Ct. App. 2003). · cites it 2× “(a)), and distinguish transient occupancy (30 days or less) from other types of tenancy (Civ. Code, §§ 1940, subd. (a), 1940.1). We conclude otherwise.”
In Re S.F. Drake Hotel Assocs., 131 B.R. 156 (Bankr. N.D. Cal. 1991). “Cal.Civ.Code § 1940(b). The Ashkenazy court noted that California Civil Code §.”
In Re Safeguard Self-Storage Trust, Debtor. Wattson Pac. Ventures v. Valley Fed. Sav. & Loan, Safeguard Self-Storage Trust, 2 F.3d 967 (9th Cir. 1993). “Safeguard also argues that the failure to exempt self-service facility owners in Cal. Civ. Code § 1940 does not mean that the legislature intended to create a landlord-tenant relationship in that context.”
Tri Cnty. Apt. Ass'n v. City of Mountain View, 196 Cal. App. 3d 1283 (Cal. Ct. App. 1987). “Civil Code sections 1940 et seq. deal with hiring of real property, with many sections specifying the timing of various acts within the landlord-tenant relationship.”
Getz v. City of West Hollywood, 233 Cal. App. 3d 625 (Cal. Ct. App. 1991). · cites it 2× “12-13; Civ. Code, § 1940, subd. (a).) 3 Such a “tenant” may be entitled to invoke the protection of rent control laws.”
Harris v. Univ. Vill. Thousand Oaks, CCRC, LLC, 49 Cal. App. 5th 847 (Cal. Ct. App. 2020). · cites it 6× “” (Civ. Code, § 1940, subd. (a).) “‘Dwelling unit’ means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.”
Spencer v. HVM, No. B249121 (Cal. Ct. App. Nov. 5, 2014). · cites it 9× “1 Civil Code sections 1940 through 1954.1 offer tenants’ rights to “all persons who hire dwelling units located within this state.”
Vertical Web Ventures v. Arrowhead Lake Assn., No. G062727 (Cal. Ct. App. Feb. 7, 2024). · cites it 2× “’ (Civ. Code, § 1940, subd. (b)(1), (2).)” As discussed ante, this appeal does not present a question of statutory interpretation, but of contractual interpretation.”
Owens v. City of Oakland Hous., Residential Rent etc. Bd., 49 Cal. App. 5th 739 (Cal. Ct. App. 2020). “, Civ. Code § 1940(a) [defining ‘dwelling unit’ as ‘a structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains [] a household or by two or more persons who maintain a common household’ for purposes of a landlord- tenant…”
Cal. Civil Code § 1940(a): 1 case
Owens v. City of Oakland Hous., Residential Rent etc. Bd., 49 Cal. App. 5th 739 (Cal. Ct. App. 2020). “, Civ. Code § 1940(a) [defining ‘dwelling unit’ as ‘a structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains [] a household or by two or more persons who maintain a common household’ for purposes of a landlord- tenant…”
Cal. Civil Code § 1940(b): 1 case
In Re S.F. Drake Hotel Assocs., 131 B.R. 156 (Bankr. N.D. Cal. 1991). “Cal.Civ.Code § 1940(b). The Ashkenazy court noted that California Civil Code §.”
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