Sonoma County Bankruptcy Lawyer Blog

A Santa Rosa attorney explains a dramatic change on the horizon

Tenants are second-class citizens. If a homeowner misses a mortgage payment, she can make the payment up the next month. Even if foreclosure proceedings are started, the homeowner may be able to cure the default. A new bill looks like it will pass the California Assembly and drastically remake evictions in California.

In California a tenant who is late on the rent is served with a three-day eviction notice - pay the rent within three days or you'll be sued for unlawful detainer. The landlord doesn't have to accept any rent payments after the expiration of the notice. If the landlord wants a tenant out, he can use even a tiny underpayment as grounds for eviction.

AB 265 is a bill making its way through the Legislature that would give tenants a "right of redemption" -- in other words, additional time to pay the rent after expiration of the three-day notice. According to the legislative analysis, the tenant would have to pay the landlord's costs in filing the UD action, as well as the rent.

Continue reading "California tenants may get a 'right of redemption'" »

It was a clear case of retaliatory eviction. After making repeated complaints to the CRIC House 'steering committee' about overrunning septic systems close to the watershed, neglectful treatment of animals, harassment of adults and children, my client was served with an eviction notice.

After she reported conditions to the Sonoma County code enforcement department - in fact, the day after - she was served with another eviction notice, and when that expired, she was served with an unlawful detainer lawsuit.

Under Civil Code 1942.5, if the landlord retaliates against a tenant because s/he has exercised rights or complained to a government agency, the landlord is blocked from taking any eviction actions for six months of:

Continue reading "Santa Rosa attorneys win payment for commune tenant after raising retaliatory eviction defense" »