14 Day Notice Provisions Removed from State Legislation
In a major victory for landlords, Assembly Member Tom Ammiano (D-San Francisco) has stricken from Assembly Bill 265 all provisions that would have required rental property owners to give a 14-day notice when rent goes unpaid, as opposed to the current 3-day notice. He has, however, included new language in the bill, which will create problems for the rental housing industry if signed into law.
The new bill language mandates that a court allow a tenant to stay in the rental unit - even if an eviction action has been filed by the owner - so long as the tenant pays the past due rent and the reasonable cost of the court proceedings.
During the eviction process, a court judge may elect to stop an eviction and allow a tenant to stay in the unit if the tenant is able to demonstrate hardship.
In additional to "discretionary" relief from forfeiture, in cases of eviction for non-payment of rent by a residential tenant who is being evicted from his or her principal place of residence, the court shall relieve the tenant against forfeiture of a lease or rental agreement, if the tenant pay s the following into the court for the landlord prior to the commencement of trial:
1. The amount of late rent as specified in the 3-day notice;
2. Any subsequent rent that has become due;
3. The reasonable cost of the proceedings;
4. For purposes of the subdivision, reasonable costs of the proceeding shall include reasonable attorney's fees. This action is referred to as relief from forfeiture. In these cases, the tenant must pay the rent in full. Mr. Ammiano has added language to AB 265 that specifically provides for the following: However, attorney's
Landlords' Concerns:
1. These proposed amendments to the law take away the court's discretion and allows a tenant to stay without consideration for hardship so long as the tenant pays the designated amounts of rent owed as outlined in the bill.
2. The $350 attorney's fees are certainly low, especially in those cases where the tenant has delayed the eviction through various pre-trial motions and discovery. These capped attorney's fees won't come close to covering a property owner's costs.
3. Current law does not allow a landlord to evict a tenant based upon non-payment of rent AND violations of the lease that may occur simultaneously. Landlords, in most all cases, proceed on the 3-day notice to pay rent or quit because it is the easier and more objective approach to evicting the tenant. However, if tenants come up with the rent through this new process, they can stay - notwithstanding their negative actions at the property.
Your letters in opposition are needed. Send a letter to your assembly member by visiting www.caanent.org/WriteToday and click the "Take Action" link. You can send your letter in three easy steps.
1. Complete the sample letter provided. A space for you to tell your own story about any delayed eviction cases you have experienced is included.
2. Fill out the information in the boxes.
3. Push "send message" and your letter will be faxed to your Assembly Member. |
