Home > Business Law, Construction Law, Real Estate Law > Tenants Allowed to Post Political Signs under New Law

Tenants Allowed to Post Political Signs under New Law

Effective January 1, 2012, SB 337 became California Civil Code Section 1940.4.  In summary, a Landlord cannot prohibit a tenant from posting or displaying a political signs.   The law goes into some detail, as a landlord cannot prohibit a tenant from posting or displaying political signs relating to an election, legislative vote, initiative, referendum, recall process, or issues before a public commission, public board, or elected local body for a vote. For multifamily dwellings, political signs may be posted or displayed in the window or on the door. For single-family dwellings, the signs may be posted on the yard, window, door, balcony, or outside wall of the home.

There are some limitations on the sign including:

  • The size is limited to six square feet in size.
  • It cannot violate a local, state, or federal law.
  • It cannot violate a lawful provision in a common interest development regarding signs made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, including the painting of architectural surfaces.

A tenant must also post and remove political signs in compliance with the time limits set by a city or county ordinance. The tenant (not the landlord) is solely responsible for any violation of a local ordinance. If there is no local ordinance limiting the time for posting and removing political signs, then the landlord may establish a reasonable time period. The time period established by the landlord cannot be less than 90 days prior to the date of the election or end less than 15 days following the date of the election.

All Rights Reserved © 2012 by Michael L. Mau, Esq. & The Mau Law Firm

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