§ 568.2.Notice of Substandard Or Unsafe Condition Concerning Rental Housing
Title 7. Other Provisional Remedies In Civil Actions · Chapter 5. Receivers · Last amended 2006 · Last verified July 28, 2026
Full Text of § 568.2
Plain-English Summary
A receiver put in charge of rental property often inherits problems the previous owner never fixed -- code violations, unsafe wiring, broken heat. Section 568.2 makes the receiver tell the court about any government order or notice flagging a substandard or unsafe condition, under Health and Safety Code § 17920.3 or § 17920.10, that can't be corrected within the time that order or notice allows.
The receiver has thirty days after appointment to file that notice, or fifteen days after the condition arises if it surfaces later. The notice itself has to lay out what's wrong, the danger it poses to any occupant or the public, the approximate cost and time needed to fix it, and -- critically -- whether the receivership estate is likely to contain enough money to abate the conditions.
If the money isn't there, subdivision (d) requires the receiver to ask the court for further instructions, and subdivision (e) puts the ball in the court's hands: it has to consider appropriate orders or instructions to enable correction of the conditions, or to terminate or limit the receivership. Section 568.3 gives tenants and enforcement agencies their own way to bring these same issues to the court's attention.
Frequently Asked Questions
What must a rental-housing receiver tell the court about?
Any order or notice to correct a substandard or unsafe condition, as defined in Health and Safety Code § 17920.3 or § 17920.10, that the receiver cannot comply with in the time the order or notice allows.
How soon must the receiver file this notice?
Within thirty days after the receiver's appointment, or within fifteen days of the condition's occurrence if it arises later.
What if the receivership doesn't have enough money to fix the problem?
The receiver must request further instructions or orders from the court.
Can tenants themselves raise substandard-condition issues with the court?
Yes. Section 568.3 lets a tenant, tenant association, or enforcement agency file a motion seeking further instructions or orders on these same issues.
Amendment History
Amended by Stats 2005 ch 595 (SB 253),s 3, eff. 1/1/2006 Added by Stats 2001 ch 414 (AB 472), s 1, eff. 1/1/2002.