When California voters voted against giving cities the authority to restrict rent hikes this autumn, tenant advocates suffered a significant setback. However, a state statute that will go into effect on January 1st will provide some breathing room to renters who are facing eviction.
Ten business days are doubled by the law from five to ten days for renters to reply to an eviction notice. According to attorneys who represent tenants, a seemingly insignificant procedural modification could have a significant impact on whether or not people are permitted to remain in their houses.
Tenants may lose their case by default if they receive an eviction notice and fail to reply in writing within the allotted time. They may also face financial fines and a negative record that will make it more difficult for them to find home in the future. That is true even in cases when a tenant has a legitimate legal defense, such as when their landlord refuses to address issues like broken door locks or lack of heat or raised rent above state restrictions. Researchers estimate that about 40% of tenants in California lose their claims in this manner.
Lorraine L. Pez, a senior attorney with the Western Center on Law and Poverty, told CalMatters earlier this fall that five days has never been enough for a tenant to find legal help and try to understand the complaint filed against them, find out what defenses they have, fill out the paperwork, and make it to court.
In California, access to legal services varies greatly. Any tenant facing eviction in San Francisco is guaranteed legal representation, and in other areas such as Oakland and Los Angeles, renters can file answers with the assistance of strong pro-bono legal networks. However, residents of California’s so-called “legal deserts,” which are frequently rural locations, have to travel great distances in order to see an attorney.
Although less than 5% of renters in eviction proceedings nationally get legal assistance, compared to more than 80% of landlords, the National Coalition for a Civil Right to Counsel believes that tenants who have attorneys are less likely to be shut out of their homes.
The new law, which was written by San Jose Democrat Ash Kalra, an assembly member, also benefits landlords, who often like eviction cases to proceed more quickly. It restricts how long tenant attorneys have to submit specific motions claiming mistakes in a landlord’s lawsuit. Lawyers would utilize those moves to prolong cases needlessly, according to landlord reps.
The modification persuaded the California Apartment Association, the biggest landlord lobby in the state, to hold a neutral stance on the legislation during the legislative debate. The measure was nonetheless challenged by some local groups of property owners.
According to Daniel Bornstein, a lawyer who works for property owners, the longer these procedures take, the more costly it is (for landlords) and the more rent that is wasted.Read this story in Spanish.
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