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STARTING THE EVICTION PROCESS

STEP 1 – 3

DURING THE EVICTION PROCESS

STEP 1 – 10

SEC. 3. Section 1947.12 is added to the Civil Code, to read:

1947.12. (a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.
(2) If the same tenant remains in occupancy of a unit of residential real property over any 12-month period, the gross rental rate for the unit of residential real property shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increase.
(b) For a new tenancy in which no tenant from the prior tenancy remains in lawful possession of the residential real property, the owner may establish the initial rental rate not subject to subdivision (a). Subdivision (a) is only applicable to subsequent increases after that initial rental rate has been established.
(c) A tenant of residential real property subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (a). Nothing in this subdivision authorizes a tenant to sublet or assign the tenant’s interest where otherwise prohibited.
(d) This section shall not apply to the following residential real properties:
(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(2) Dormitories constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.
(3) Housing subject to rent or price control through a public entity’s valid exercise of its police power consistent with Chapter 2.7 (commencing with Section 1954.50) that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a).
(4) Housing that has been issued a certificate of occupancy within the previous 15 years.
(5) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(B) (i) The tenants have been provided written notice that the residential real property is exempt from this section using the following statement:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (c)(5) and 1946.2 (e)(7) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”

(ii) For a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) For a tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b) of Section 1946.2.
(6) A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
(e) An owner shall provide notice of any increase in the rental rate, pursuant to subdivision (a), to each tenant in accordance with Section 827.
(f) (1) On or before January 1, 2030, the Legislative Analyst’s Office shall report to the Legislature regarding the effectiveness of this section and Section 1947.13. The report shall include, but not be limited to, the impact of the rental rate cap pursuant to subdivision (a) on the housing market within the state.
(2) The report required by paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(g) For the purposes of this section, the following definitions shall apply:
(1) “Owner” and “residential real property” shall have the same meaning as those terms are defined in Section 1954.51.
(2) “Percentage change in the cost of living” means the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the region where the residential real property is located, as published by the United States Bureau of Labor Statistics. If a regional index is not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply.
(3) “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(h) (1) This section shall apply to all rent increases subject to subdivision (a) occurring on or after March 15, 2019. This section shall become operative January 1, 2020.
(2) In the event that an owner has increased the rent by more than the amount permissible under subdivision (a) between March 15, 2019, and January 1, 2020, both of the following shall apply:
(A) The applicable rent on January 1, 2020, shall be the rent as of March 15, 2019, plus the maximum permissible increase under subdivision (a).
(B) An owner shall not be liable to the tenant for any corresponding rent overpayment.
(3) An owner of residential real property subject to subdivision (a) who increased the rental rate on that residential real property on or after March 15, 2019, but prior to January 1, 2020, by an amount less than the rental rate increase permitted by subdivision (a) shall be allowed to increase the rental rate twice, as provided in paragraph (2) of subdivision (a), within 12 months of March 15, 2019, but in no event shall that rental rate increase exceed the maximum rental rate increase permitted by subdivision (a).
(i) Any waiver of the rights under this section shall be void as contrary to public policy.
(j) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
(k) (1) The Legislature finds and declares that the unique circumstances of the current housing crisis require a statewide response to address rent gouging by establishing statewide limitations on gross rental rate increases.
(2) It is the intent of the Legislature that this section should apply only for the limited time needed to address the current statewide housing crisis, as described in paragraph (1). This section is not intended to expand or limit the authority of local governments to establish local policies regulating rents consistent with Chapter 2.7 (commencing with Section 1954.50), nor is it a statement regarding the appropriate, allowable rental rate increase when a local government adopts a policy regulating rent that is otherwise consistent with Chapter 2.7 (commencing with Section 1954.50).
(3) Nothing in this section authorizes a local government to establish limitations on any rental rate increases not otherwise permissible under Chapter 2.7 (commencing with Section 1954.50), or affects the existing authority of a local government to adopt or maintain rent controls or price controls consistent with that chapter.
SEC. 4. Section 1947.13 is added to the Civil Code, to read:

1947.13. (a) Notwithstanding Section 1947.12, upon the expiration of rental restrictions, the following shall apply:
(1) The owner of an assisted housing development who demonstrates, under penalty of perjury, compliance with all applicable provisions of Sections 65863.10, 65863.11, and 65863.13 of the Government Code and any other applicable law or regulation intended to promote the preservation of assisted housing, may establish the initial unassisted rental rate for units in the applicable housing development. Any subsequent rent increase in the development shall be subject to Section 1947.12.
(2) The owner of a deed-restricted affordable housing unit or an affordable housing unit subject to a regulatory restriction contained in an agreement with a government agency limiting rental rates that is not within an assisted housing development may establish the initial rental rate for the unit upon the expiration of the restriction. Any subsequent rent increase for the unit shall be subject to Section 1947.12.
(b) For purposes of this section:
(1) “Assisted housing development” has the same meaning as defined in paragraph (3) of subdivision (a) of Section 65863.10 of the Government Code.
(2) “Expiration of rental restrictions” has the same meaning as defined in paragraph (5) of subdivision (a) of Section 65863.10 of the Government Code.
(c) This section shall remain in effect until January 1, 2030, and as of that date is repealed.
(d) Any waiver of the rights under this section shall be void as contrary to public policy.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

(2) No-fault just cause, which includes any of the following:
(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
(ii) For leases entered into on or after July 1, 2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
(B) Withdrawal of the residential real property from the rental market.
(C) (i) The owner complying with any of the following:
(I) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(II) An order issued by a government agency or court to vacate the residential real property.
(III) A local ordinance that necessitates vacating the residential real property.
(ii) If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
(D) (i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.
(c) Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
(d) (1) For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following:
(A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3).
(B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
(2) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.
(3) (A) The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.
(B) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
(C) The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.
(4) An owner’s failure to strictly comply with this subdivision shall render the notice of termination void.
(e) This section shall not apply to the following types of residential real properties or residential circumstances:
(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
(2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
(5) Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
(6) A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.
(7) Housing that has been issued a certificate of occupancy within the previous 15 years.
(8) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(A) The owner is not any of the following:
(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a corporation.
(B) (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”

(ii) For a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(iii) For any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
(9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(f) An owner of residential real property subject to this section shall provide notice to the tenant as follows:
(1) For any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
(2) For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
(3) The notification or lease provision shall be in no less than 12-point type, and shall include the following:

“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”

The provision of the notice shall be subject to Section 1632.
(g) (1) This section does not apply to the following residential real property:
(A) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply.
(B) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply. For purposes of this subparagraph, an ordinance is “more protective” if it meets all of the following criteria:
(i) The just cause for termination of a residential tenancy under the local ordinance is consistent with this section.
(ii) The ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.
(iii) The local government has made a binding finding within their local ordinance that the ordinance is more protective than the provisions of this section.
(2) A residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section.
(3) A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.
(h) Any waiver of the rights under this section shall be void as contrary to public policy.
(i) For the purposes of this section, the following definitions shall apply:
(1) “Owner” and “residential real property” have the same meaning as those terms are defined in Section 1954.51.
(2) “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
(j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

Bill Text

Uncontested Divorce

In an uncontested divorce, the spouses agree on everything and continue on without the courts assistance. The things they agree on are; alimony, division of assets, child support, spousal support, allocation of debts, custody, supervised/unsupervised visitations. These types of divorces are usually between spouses that have come to an agreement with their loss of love, possible Infidelity, or any stressor that lead to the divorce. Although it’s still a divorce, it has its advantages, the biggest advantage being that since both spouses are agreed upon the terms of the relationship it makes the process much more smoother and less of a financial burden.

Contested Divorce

A Contested Divorce, on the other hand, is a divorce in which neither spouse cannot agree on anything, alimony, child support, spousal…etc. Sometimes One of the parties simply doesn’t want to get a divorce in the first place. This type of divorce usually takes the longest because there are often a lot of counter offers about money and assets between the parties. Often couples will come to an agreement on terms of the divorce. This agreement is called a settlement. This is usually a relief to both parties because they have a sense of finality and an end of litigation.

In both instances its best to have a lawyer represent you instead of choosing to represent oneself. Abraham Lincoln said it bested “He who represents himself in court, has a fool for a client.“ Its always best to have legal representation because lawyers have studied 7-8 years specializing in the court system. Paralegals are also a great help.

Some divorces end in one spouse getting support. There are three different types of support, one being alimony. Alimony is given to a spouse when the spouse has been financially dependent on the other for the majority of their marriage.The other support being child support, which is asked for and given when one spouse gets primary custody of the child and needs support from the other spouse to help take care of the basic needs of the child.

No one wants to go through a divorce but unfortunately it happens, and when it does, its best to have legal representation and a little knowledge of whats to come.

Sacramento County Superior Court classifies a “Small Claim” as a claim of a sum of money you believe is owed to you below or equal to the amount of $10,000. No one wants to have to go to court to have to get what they feel are legally owed to them but sometimes there comes a time we have to. If you’re not familiar with the Court Process LDA is here to help you! First let us prepare you for what you should expect when engaging in a small claims case. Sacramento County Superior Court allows you to start a Small Claims case $2,500 and above only twice a year, after that you can only sue for less than or equal to $2,500. But before you start the case, you should ask yourself a few things. Are you willing to go through with the Collections Process? That leads to the next question, does the Defendant even have money? Are you willing to wait for the collection of the Judgment? And finally, is there a chance of you losing your case and losing money in a Counter Sue (Example; if the Defendant is found not at fault but they want to sue you for lost wages while undergoing the Court Process.) If you have no complications with the statements above than you may move on with your court case knowing some of the probable obstacles that may arise.
Once deciding you want to proceed with your Small Claims case you need to know the proper etiquette and suggestions when behaving and entering a Courtroom. First you want to make sure you stand up straight with good posture when speaking (standing with good posture gives most people a sense of presence and confidence.).When speaking about your case you want to be as brief as possible while explaining any document in your case. Third, it is fairly common to begin with the end of your story instead of the end so you can describe your loss, how it has affected you, the emotional value and finally the asking value. Only then should you continue the story in chronological order. It is important to remember the judge decides who is in the right, and who is the wrong and that you have to persuade the judge while stating and presenting facts. That said, you should always show the judge the utmost respect by never interrupting them (judge) and answering their question to the best of your abilities. One last thing to remember is that a judge that is certain that one side is morally right they will go through great lengths to find a legal reason to help side with that person. (Example; If you let, someone borrow a few hundred dollars so they don’t get evicted and they refuse to pay saying it was a gift the judge can also call it a gift under legal technicality if they identify with the defendant.). If you are ever in this position, you should let make sure to express the loss you took financially, and emotionally having to give that money to said person. (Example; saying, “having given my friend that money I was able to get an extension on my electricity bill believing my friend was going to pay me back.”).
Say you have 15 witnesses on your roll call for your claim but they key witness doesn’t show.You should never be afraid the ask the judge for a continuance to get your affairs in order. A Judge will approve or decline the continuance if they feel the witness or missing document will make a difference in the case or their decision. (Example, awaiting dash camera footage would be appropriate for a continuance whereas your work schedule proving you left work to get on the highway at a certain time would not be appropriate.). Lastly, you need to remember that if a document, piece of evidence, or person is important enough to be brought up in your story they are important enough to be in court.

There are lots of different types of evictions notices; some involve court and some don’t. Before we get into that let’s talk about renters right first. All renters have certain rights that if violated can prevent a landlord from evicting them. These rights are as follows; right to privacy right to live in habitable unit, access to hot water, electricity, and heat during cold months. If any of these rights are violated, the tenant has the advantage in court if the landlord tries to convict them. Also, a Landlord can not just evict a tenant for no reason they need what is called a “Just Cause.” A Just Cause by legal definition means a “legally sufficient reason.” These reasons are, non-payment of rent, bounced rent checks from the tenant, habitually late rent payments, and broken terms of the lease. (IE; having two dogs when lease agreements prohibited pets.)

The landlord has the option to give a multitude of different eviction notices. One of these notices is a “Cure Or Quit” which in short means fix it or lose it. A cure or quit eviction notice is given to a tenant when the tenant has broken the terms of the lease but the landlord is willing to give them time to fix (or cure) the problem before moving forward with the eviction. Another type of eviction notice is the “pay rent or quit.” This notice is given when the tenant is late on their rent payment (around 3-5 days) and the landlord gives them a set time period to pay the rent and any late fees (if agreed upon in the lease) before the tenant has to vacate the premises. The last notice is an “Unconditional Quit.” An unconditional quit is when the landlord informs the tenant there is nothing they can fix or stay to remain in the rented unit after violating terms or having to many late payments.

If the tenant refuses to move out after any of the notices said above the landlord has the right to file an “Unlawful Detainer.” The legal definition of unlawful detainer is when someone is retaining possession of property without legal right. When filing an unlawful detainer it is not uncommon for a landlord to post a “Notice to Vacate.” A notice to vacate is a notice that is written by either the landlord or tenant giving a notice to leave the premises within a specified time frame, or to demand the same. These Notices include a 60 day notice, and a 30 day notice. A 60 day notice and 30 day notice are notices that give a specific time frame on when the landlord wants the tenant to move out and relinquish the property back to the owner. The eviction process is long and hard for everyone but the outcome and peace of mind at the end of it all is bliss.