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New California Unlawful Detainer Eviction Rules Effective September 1, 2019

New California Unlawful Detainer Eviction Rules Effective September 1, 2019

  • Posted: Jan 18, 2020
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New California Unlawful Detainer Eviction Rules Effective September 1, 2019

by, Direct Legal Support / Read the Original Article

Direct Legal are our Featured Industry Experts for California Legal Support / We value Mr. Kern and his team –  “Our team of professionals provides our clients with superior expertise in the areas of Service of Process, Court filing, Skip tracing and On-site document reproduction. Dave Kern, the founder of Direct Legal Support, Inc., maintained a basic and extremely successful philosophy of not being the biggest, but being the best attorney service in California. Michael Kern, son and CEO of Direct Legal Support was brought on in 1987, and has had his hand in every aspect of litigation support service ever since” He Say’s.

They are listed on our:  Directory of Legal Professionals:  Working in the State of California – If you need Legal Support Contact them today.

 

New California law amends Sections 1161 and 1167 of the Code of Civil Procedure, relating to real property.

AB 2343, Chiu. Real property: possession: unlawful detainer.

(1) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease, but the landlord must first give the tenant a 3-day notice to cure the violation or vacate.

This bill would change the notice period to exclude judicial holidays, including Saturday and Sunday.

(2) Under existing law, a plaintiff that wishes to bring an action to obtain possession of real property must file a complaint and serve the defendant with a notice of summons, in which case the defendant has 5 days to respond.

This bill would clarify that the period in which a defendant may respond to a notice of summons does not include judicial holidays, including Saturday and Sunday.

(3) This bill would provide that these provisions would become operative on September 1, 2019.

California Judicial Counsel has adopted a new revised Unlawful Detainer Summons (SUM-130) for mandatory use effect September 1, 2019. The summons reflects the change in the law advising the defendant(s) that they have “5 DAYS, not counting Saturdays and Sundays and other judicial holidays after the summons and legal papers are served” to file a response to the lawsuit. The law applies to 3-Day Notices to pay Rent of Quit and Notice to Quit as well in regards to Saturdays, Sundays and Judicial Holidays are also not counted, when the tenant must cure the defect stated in the notice, i.e. pay the rent, vacate the premises, remove animals, etc.

You can find the new form here: California Unlawful Detainer Eviction Summons (Revised September 1, 2019)

As always, if you have any questions or concerns, please contact a member of our Direct Legal Support team.

Direct Legal Support, Inc.
Call: (800) 675-5376
Email: support@directlegal.com
Visit: www.directlegal.com

 

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Florida Passes Remote Online Notarization and Electronic Will Bills Together

Florida Passes Remote Online Notarization and Electronic Will Bills Together

  • Posted: Jan 03, 2020
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Florida Passes Remote Online Notarization and Electronic Will Bills Together

New Paragraph has to be added to Notary Documents in Florida, Find the link and read pages 14-15 Add them to your documents!

See the Changes on Page 14-15 of the new Law

In addition to the creation of the remote notarization requirements, changes to Florida Statutes Section 117.05 require revisions to the form of the notary block to be contained on instruments and affidavits, and this change in the form is mandatory (on all forms, not just forms that are electronically notarized). The relevant portion of the statutory acknowledgment of a principal in their individual capacity should read as follows (the yellow-highlighted section is the new required language):

The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of _______, __(year), by __________ …….

Similarly, for an instrument requiring an oath or affirmation, the relevant portion of the statutory certificate should read as follows (the yellow-highlighted section is the new required language):

Sworn to (or affirmed) and subscribed before me, by means of ☐ physical presence or ☐ online notarization, this ____ day of _______, __(year), by __________ ……

All other portions of the notarization block remain in effect. The failure to include this language commencing on January 1 may result in the document being rejected for purposes of recording. The important date is the date the document is signed. If a document is signed before January 1, then the “old form” is fine, even if the document is recorded after January 1. That being said, if the document is signed on January 1, then it should be on the new form to avoid any potential recording issues.


Over the past few years, we’ve watched families, businesses, and communities rally around providing access to technology for life’s most important moments. Some of these efforts take time, but on the other side of these coalitions, lies impact-full solutions that will benefit generations to come.
 
bill (House Bill 409), but also included an E-Will bill as part of its legislation. Governor Ron DeSantis added his signature HB 409, bringing the efficiencies of remote online notarization to the half a million notaries that call the Sunshine State home. The bill will take effect January 1, 2020.
 
For the over 20 million residents of Florida, and nearly 500,000 notaries, anyone can now buy or sell real estate, sign and notarize documents, or set up Wills to protect their loved ones — entirely online.
 
“Remote online notarization provides the single biggest opportunity of our careers,” said James Schlimmer, Managing Partner at Cottrell Title & Escrow. “It gives millions of real estate professionals the ability to differentiate themselves and provide a convenient, on-demand closing experience for buyers and sellers that just makes sense.”
 
House Bill 409 will also allow remote notaries to execute fully electronic wills, in a state where more than half the population is over 40. One survey found that 40% of Baby Boomers (ages 53-71) do not have a will.
 
“It’s a win for the entire state of Florida,” said Cody Barbo, Co-Founder and CEO of Trust & Will. “When a top-five populated state passes something this innovative, it changes the entire industry. Our mission is to help everyone leave a lasting legacy, no matter if you’re a parent, a Baby Boomer, or someone who wants to have peace of mind for how their loved ones will be taken care of. Florida is taking that step to help us realize that vision nationwide.”
 
Florida is the 11th new state to adopt RON legislation in 2019, and 21st overall.
 
NationalEvictions.com

See the Changes on Page 14-15 of the new Law

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Clauses Every Lease Should Have

Clauses Every Lease Should Have

  • Posted: Nov 15, 2019
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Clauses Every Lease Should Have

NOVEMBER 4, 2019 BY KEVIN (Thanks Kevin)

Your lease is the contract between you and your tenant. For any contract to work and be legal, certain clauses are necessary. If these clauses are left out or are poorly written, the the landlord runs the risk of serious problems in the future. This post describes several clauses every lease should contain.

Before I get to clauses, let me start off by saying that there is no universal, standard lease. Situations between landlords and tenants differ. Properties differ. State and local laws differ. Thus the lease found at Office Max or even my lease will not work for you. A lease needs to be tailored to your unique conditions. Plus, it should be reviewed by a competent real estate attorney from your area.

That said, here are some clauses every lease should have.

Duration
While tenant turnover may be a cash flow killer, I would strongly advise against open ended leases. Instead, every lease should contain a duration or a length of time the lease runs. You want a definite end date, so that either you or the tenant can get out of the contract (with a no-fault eviction if necessary). Traditionally, with residential leases, the duration is a year, but that amount can be adjusted to fit your particular situation. Six month or two year leases are not unheard of.

Term
Most residential landlords set the term lengths of their leases at one month. In other words, while the duration for the lease may last for a year, the term is monthly. This term is why rent is due to most of us every month. Some leases have weekly terms. Hotels have daily terms. Terms can therefore vary, but are important clauses as they set out when we get paid.

Cost
Don’t forget the most important part, which is how much the rent is. Rental amounts need to be clearly spelled out. I think most of us know that, but it deserves a mention as it is so important.

Extension
What happens when your lease duration is up? Does the tenant have to move? Do they need to sign an entire new lease? Does the existing lease continue on in some fashion?

I have seen landlords do all of the above. But the most common way to extend a lease at the end of its duration is to go by the term. Most of us landlords use monthly terms so the lease becomes monthly, or month to month, in duration. Of course this can also be weekly or even daily. Whatever it is, it has to be spelled out in the clauses of the lease what happens when the duration is up.

Late Fees
How much will be charged if the tenant is late with their rental payment? How much can you charge? When is a rental payment considered late? All of these items should be spelled out in your lease so there is no confusion. Plus, you need to provide incentives to get the rent in on time. State laws often dictate when and how much landlords can charge with late fess. So know and understand what those laws say.

Notice of Termination
Both side to any contract, like a lease, need advance knowledge that one party to the contract is terminating the relationship. In the landlord world, this notice of termination means the notice given by a tenant that they are planning to move. How long should this notice be? Most landlords require at least the term of the lease, which is most commonly a month. But why not require a little more? Would not 60 or 90 days of advance notice give you more time to market and re-rent the property and reduce the interruption of your cash flow? We have found in our business that it does.

Allow Showings
Once a notice of termination has been provided by your tenant, you need to get the property re-rented. How do you do that if you cannot show the property? In our leases we insert a clause that allows us to market and show the property once a notice of termination has been submitted. Sometimes tenants complain about the intrusion, but we just point out the clause in the lease they singed and that usually ends the discussion.

Overstay
What happens if a tenant gives you notice of termination, whereupon you re-rent the property but the existing tenant does not move when they saw they will? Where does your new tenant go? Who pays for the expenses incurred? Could get pretty sticky if you do not have the proper clauses for tenants that overstay their lease. In our business, we charge $100 per day of overstay. That clause tends to keep things moving.

Local Needs
Some states require special stipulations in leases. You may need to tell folks where their security deposits are held for example. In Tennessee where I work and live, leases need to have special provision related to notices of non-payment of rent. Not having such a clause can lead to lost time, income and much frustration for the landlord.

Leases are legally binding contracts. What they say and how they say it is important. Carefully consider the words and clauses in your lease. Do not use a “boiler plate” lease and have a competent real estate attorney in your area review it. What you say, or not say, can make all the difference towards helping or hindering your life as a landlord.

 

 

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Do You Have to Pay Rent if Your Rental Home Needs Repairs?

Do You Have to Pay Rent if Your Rental Home Needs Repairs?

  • Posted: Oct 27, 2019
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Do You Have to Pay Rent if Your Rental Home Needs Repairs?

What are the rules about housing conditions that landlords must follow?

Your landlord must follow the building, housing, and health laws where you live. These laws are usually local (city or county) codes and ordinances (laws). Your landlord’s duties may be different depending on whether you live in an apartment or a standalone home.

 

In an apartment building, your landlord must:

*Make sure the building does not have rodents (like mice and rats) or bugs (like roaches, termites, or bedbugs).
*Provide garbage pickup.
*Provide plumbing, including hot water.
*Provide heat. (But not air conditioning unless required by your lease or the city or county laws where you live.)
*Keep areas around your building clean and safe.

In a single-family home or duplex, your landlord may:

Make you responsible for many of the duties above by saying that in your lease (in writing).
It is very important to read your lease before signing it and keep a copy of the signed lease with your important papers.

 

What happens when a landlord fails to obey housing codes?

If your landlord does not make needed repairs, give you things, or keep the place clean (as required by law), you can do something about it. However, under Florida law, you are not allowed to simply make repairs yourself and subtract the costs of those repairs from your rent payments.

You have two options depending on whether you want to stay or move out:

If you want to stay: You can stop paying your rent, called withholding, until your landlord makes at least a reasonable effort to solve the issue.
If you want to move out: You can move out before the end of your lease, canceling your lease without having to pay a penalty.

What must a tenant do next?

With both options, the first step is giving your landlord a letter, called a 7-day notice. The letter warns your landlord that you plan to stop your rent payments or move out early.

If you want to move: You must still wait the full 7 days after you give the letter to give your landlord a chance to fix the problem. If it is not fixed, you should move out immediately after the deadline and return the keys to your landlord.

If you want to stop paying rent: You must follow several specific steps. And you can only take these steps if you are not behind in your rent payments and the issues in your home are serious enough to be against the law.

Issues that are serious enough may include:

Necessary repairs (broken fridge, faulty plumbing)
Missing things (no heat, no garbage pickup)
Unacceptable conditions (bug or rodent problems, badly overgrown landscaping)
You should give the letter to your landlord 7 days before your next rent payment is due. You must deliver the letter in person, with another person there (a witness), or send it by certified mail. If you send the letter in the mail, you must mail it 12 days before your rent is due. Be sure to make and keep a copy of the letter before you give it to your landlord and keep proof, including the date, of delivery. You may need this proof if your landlord tries to later evict you for not paying your rent.

Your letter to your landlord must be in writing and include the following information:

A list of the issues that need to be fixed.
The deadline to fix the problem, which is 7 days after your landlord receives the notice.
Your plan if the issues are not fixed by the deadline. This is a statement of whether you are going to move out or refuse to pay rent after that date.
Should I stop paying rent or just move out?
You should think carefully before choosing to move out instead of just stopping your rent payments.

Your landlord may disagree about whether the issues in your letter are serious enough to be against the law. If your landlord disagrees and you move out, your landlord may then demand that you owe a penalty fee or still owe them rent until your lease ends.

Your landlord could sue you to try to recover this money. But landlords often choose not to go to court, and may instead report the supposed debt to the credit bureaus. This can harm your credit score, and credit reports are difficult to change and can harm your ability to rent a home and get a loan in the future.

What does a 7 day notice look like? Find these and all forms on https://NationalEvictions.com

You can download What Every Tenant Should Know About Withholding Rent or What Every Tenant Should Know About Withholding Rent (Spanish) to see a sample.

In the letter, you should make sure to list every problem that needs to be fixed and include copies of the local law, enforcement reports, and any other evidence you think might help prove your claims.

 

What is a housing code inspection?

Before you give your landlord the 7-day notice, you may want to have a housing code inspection.

A city or county inspector will look over, or “inspect,” your home. The inspector will then write a report listing any violations. You can ask the code enforcement office in your city (or county) to do the inspection for you for free. Your landlord may be angry about your decision to report these problems to an inspector and may try to evict you by filing a lawsuit. But the court can decide that the lawsuit is retaliatory and deny your landlord’s attempt.

You should keep a copy of your inspection report. It can be especially helpful if you have to go to court because it has been written by someone neutral (not you or your landlord). It is useful to include a copy of the report in your letter to your landlord. You should also keep photos, records, and other evidence of the issues in your home. Also keep notes or records of any contact (letters, emails, phone calls, meetings) you have with your landlord.

Remember, as long as you carefully follow the legal steps, you have the right to stop paying rent until the problem is fixed. But you must save the rent money you would owe. After your landlord corrects the issue, you must then pay the owed rent. Or if your landlord sues you, you cannot defend yourself in court until you deposit the money you owe with the court clerk’s office.

 

 

Are there different rules for a Section 8 Voucher?

Yes. If you rent your home with a Section 8 housing voucher, special rules apply to you.

Section 8 housing is where a local government agency (called a housing authority) pays part of your rent. You are not allowed to stop paying your rent or move out before your lease ends if you use a voucher and your landlord does not fix the problem.

With a Section 8 voucher, you should report any problems with the condition of your home in writing to your caseworker. You can ask your caseworker to do an audit inspection of your home. This audit is like a housing code inspection – a survey done by the city or county on request, but only for tenants not using vouchers. You should keep a copy of your request for the inspection. Also keep photographs, records, and other evidence of the issues.

 

What Should Be Done With My Rent Money?

No matter what, YOU MUST SAVE YOUR RENT MONEY.

You will need it to pay your landlord after the issues are mostly fixed. There is also a chance your landlord will not want to make repairs and may try to evict you for not paying your rent by filing a lawsuit. If so, you will have to give your rent money to the court clerk’s office before the judge will consider your response to the lawsuit or schedule a hearing where you can tell your side of the story.

If you follow the steps above and your landlord still tries to evict you, your papers will be your most important defense in court. Make sure to keep the copy of the 7-day notice you gave your landlord and proof of its delivery. The court will decide whether you or the landlord gets to keep the rent money. This decision will depend on the amount and type of issues in your home and what your landlord did to fix the problem.

 

What should I go if I get an eviction notice?

One of the first steps your landlord must take to throw you out is called an eviction notice. Your landlord must first warn you, by giving you one of the following in writing:

A letter demanding overdue rent (called a 3-day notice). This letter may say that you have broken your lease agreement in some other way.
Legal papers called the Complaint (the landlord’s request for your eviction) and the Summons (the court’s notice of the lawsuit).
If your landlord is trying to evict you, you must receive the right papers at each step. However, you have a limited time to respond (3-5 days). If your landlord has not fixed serious issues in your home and you received one of the letters above, you should immediately call your local Legal Services office. You should also do this if you disagree with your landlord (you did pay rent or didn’t violate your lease). Your local Legal Services office may be able to help you defend yourself or file papers in court. Do not wait to contact Legal Services for help.

The 5-day deadline to respond to an eviction lawsuit begins counting down when your landlord gives you the legal papers (called serving you). If you don’t answer in time, you will likely lose the case and be evicted. If you sent your landlord a 7-day notice, you should include a copy and proof that you delivered it to your landlord with the papers you give the court (called an Answer). You must also give your rent money to the court clerk’s office before the court will listen to your response or set up a hearing.

 

 

Where Do I File?

After you get an eviction notice, you must submit your responses to the court where the lawsuit was filed. Your landlord should have started the case in the county where you live. Any responses should go to the court clerk’s office, called the clerk of the court, which is usually inside the county courthouse.

You also have to mail a copy of your responses to your landlord or their lawyer. The Complaint and Summons should give you the name and address where you should send the copy (usually on the last page). This is the paperwork that your landlord sent you.

Make sure to keep a copy of any papers you receive and submit in a safe place. This includes any evidence like photos, reports, and official papers. This also includes records of conversations between you, your landlord, and the court like emails, letters, calls, and meetings. Once you give your answers and rent money to the court clerk’s office, the judge will inform you about the next steps (usually by mail). The court may need more information or it may schedule a hearing. You may also be able to check on your case online or at the courthouse itself.

 

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California- There is a new Unlawful Detainer Summons that went into effect on September 1, 2019

California- There is a new Unlawful Detainer Summons that went into effect on September 1, 2019

  • Posted: Sep 06, 2019
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There is a new Unlawful Detainer Summons that went into effect on September 1, 2019.

 

The summons reflects the change in the law advising the defendant that they have 5 DAYS, not counting Saturdays and Sundays and other judicial holidays after the, summons and legal papers are served…” to file a response to the lawsuit.

You can find the new form here:

https://www.courts.ca.gov/documents/sum130.pdf

Process server’s who have an active unlawful detainer clients, Please inform your Clients of the New Summons.
 The form wasn’t posted by the Judicial Council until today.
San Francisco Superior Court will not issue the old summons for unlawful detainer cases, which will probably start occurring around the state.
NationalEvictions.com
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