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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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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.
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The Portland City Council adopted a slate of new polices allows tenants to pay security deposits in installments

The Portland City Council adopted a slate of new polices allows tenants to pay security deposits in installments

  • Posted: Jun 22, 2019
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The Portland City Council on Wednesday adopted a slate of new polices intended to make landlords more forgiving of criminal records and poor credit when screening prospective tenants.
The ordinance also allows tenants to pay security deposits in installments over three months.

The Portland City Council on Wednesday adopted a slate of new polices intended to make landlords more forgiving of criminal records and poor credit when screening prospective tenants.

The council voted 3-1 to approve what its champion, Commissioner Chloe Eudaly, called the most comprehensive reform of its kind in the country. Commissioner Amanda Fritz cast a “no” vote; Commissioner Jo Ann Hardesty was absent, though she expressed support Wednesday on her Facebook page.

 

 

 

A companion measure that requires landlords to more throughly account for security deposit funds withheld for repairs passed along the same line. That ordinance also allows tenants to pay security deposits in installments over three months.

The policy, which will take effect in March, is intended to increase access to housing for people who have been locked out of the conventional market because of years-old convictions or financial defaults. It’s doubly needed in a city where affordable rentals are in short supply, Eudaly said.

Long-standing federal fair housing laws that bar discrimination against protected classes such as race, sex and familial status don’t go far enough, Eudaly said. Red flags used by the rental housing industry to weed out problem tenants aren’t an accurate predictor of whether the renters would miss payments or violate their lease, she said.

“Research and data have laid a solid foundation for the decisions we made,” she said.

Fritz, the lone dissenter on the council, said she agreed with the goals of ending the disparate treatment of non-white renters revealed in years of fair housing audits conducted by the city.

But she went on to raise concerns about the lack of exemptions for violent crimes. And she said the policy as written would push landlords to sell their properties and developers to build outside of the city, ultimately pushing rents higher.

 

 

 

“Many people can no longer afford to rent in Portland,” she said before casting her vote. “This policy not only doesn’t solve for this problem, it may exacerbate it.”

The ordinance sets “low-barrier” screening criteria for landlords to use when they evaluate a renter’s application. It would limit checks to felony convictions within the past seven years and misdemeanors within the last three years. Renters wouldn’t be rejected for credit scores below 500, a court eviction order older than three years or insufficient credit history.

Landlords also can use their own criteria, but they must then provide written justification for denying a rental application.

Landlords have said few would choose the low-barrier screening criteria because it could put their property or other tenants at risk. But the alternative — providing written justification — will add to their administrative costs and push some landlords out of the business, they said.

In all cases, the policy would require landlords to advertise vacancies 72 hours before they begin accepting applications and to evaluate applications in the order they’re received.

And they can’t require tenants to earn more than two-and-a-half times the monthly rent in income. Many landlords today require renters to make three times the monthly rent.

 

The official rules for the policy will be drafted by the Portland Housing Bureau, which will also provide an annual report on whether the rules are working as expected. Council members who supported the policy said the city would put on a robust effort to inform landlords and tenants alike of the new rules before they take effect.

The new rules add to a litany of renter protections and housing regulations put in place by the city and the state government in recent years.

Portland in 2016 mandated that developers of new apartments include rent-restricted units. In 2017 it began to require landlords to pay thousands of dollars to renters who move because of big rent increases or evictions without cause, a policy that remains the subject of a legal challenge.

This year, the state capped rent increases at 7 percent plus the rate of inflation and it banned landlords from evicting tenants without stated cause. In the cases where tenants can be evicted without violating their lease — to remodel or sell the home, for example — the landlord would have to pay the tenant one month’s rent to offset the cost of moving.

 

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Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system

  • Posted: Jun 22, 2019
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With a flurry of signatures Friday, Florida Gov. Ron DeSantis approved at least seven pieces of legislation that will leave a mark on Florida’s legal system.

Here’s what you need to know:

From July 1, Florida Supreme Court justices with permanent homes outside Leon County will be able to request a district court of appeal courthouse, county courthouse or other facility as their official headquarters, under House Bill 5011. They’ll also be eligible for an allowance and travel reimbursement for each day or half day they’re at the Supreme Court building, at a rate decided by the chief justice.

 

The bill adds that a county doesn’t have to provide space in courthouses for a justice, but it can enter into an agreement with the Supreme Court over the use of its space — which can’t be leased using state funds.

After Oct. 1, 2019, SB 910 will open certain military veterans and court programs up to veterans who’ve been discharged for any reason, along with current and former U.S. Department of Defense contractors and military members of a foreign allied country.




 

Anyone who seeks medical attention for a minor after giving them alcohol or drugs will not be arrested, charged, prosecuted or penalized as long as they stay at the scene and cooperate with police and medical staff, according to CS/HB/595, which goes into effect Jul. 1.

Legal requirements for Florida businesses will shift in January 2020, under CS/HB 1009, which tacks on extra rules to ensure companies adhere to the Florida Business Corporation Act and Revised Limited Liability Company Act.

Thanks to CS/HB 49, state correctional facilities will give female prisoners health care products after July 1. These include feminine hygiene products, moisturizers, toothpaste, toothbrushes and others under the Dignity for Women Act. The new law also mandates that, unless there’s an emergency, male correctional staff can’t do pat-down or body cavity searches on female prisoners and can’t enter places where women are likely to be undressed, like bathrooms and showers. If they do, it will need to be documented.

 

Security background investigations will become mandatory for foreign-language court interpreters and mediators after July 1, according to CS/HB 7081, which means they’ll have to pay to have their fingerprints taken and sent to the Florida Department of Law Enforcement.

The law also authorizes digital fingerprints and other electronic records of criminal judgments, and creates an exception to the rule that all communications between parties going through parenting coordination — a non-adversarial dispute resolution process in child custody cases — remain confidential. Any testimony or evidence that can be used to report, prove or disprove professional malpractice or misconduct will no longer stay confidential, and anyone appointed or employed by the Supreme Court to work on disciplinary proceedings against parenting coordinators won’t be liable for civil damages unless they act maliciously or in bad faith. Instead, the court will establish minimum standards and procedures to train parenting coordinators.

 

 

Notarized documents will go online with the passage of CS/HB 409, which also outlines new rules for password protection and tamper-evident technologies that the Department of State must adhere to by Jan. 1, 2020.

Effective immediately, CS/HB 1656 dictates that reenactments or changes to criminal statutes will operate ”prospectively” — meaning they won’t apply to final judgments based on crimes and penalties from before the statute was enacted, except in particular circumstances.

Effective immediately, CS/HB 91 lessens the burden of serving defendants with a complaint, taking away the need for a process server agent to indicate all the initial pleadings a person is being served with. It also removes the need for them to complete an affidavit listing the time, manner and place of service.

 

The law also clarifies procedure for filing a motion to intervene in a foreclosure case. Whereas interventions had to be done within 30 days, legislators tightened the language to stress that only a motion to intervene needs to be filed in that time, not a court order as well.

 

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Leasing, Disputes and Evictions

Leasing, Disputes and Evictions

  • Posted: Jun 13, 2019
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Leasing, Disputes and Evictions

“Primary challenges faced by clients involve preparing, reviewing and revising the lease and legal relationships in the Landlord Tenant area of Law.”

https://NationalEvictions.com

Search our National Directories

Find Local Companies that are ready to help with Legal, Filing, Document Service and Tenant Screening.

Search the directories by State and County.

 

Disputes between landlords and tenants often arise over issues such as the length of the lease, the amount of rent to be paid, maintenance, repair and replacement obligations, size of the space to be provided, and what services are to be delivered. Challenges can also surface as a result of corollary issues such as renewal and purchase options, rights of first refusal and accommodations required by lenders. NationalEvictions has the top attorneys with extensive experience in representing both landlords and tenants of Residential, Commercial and Industrial properties.

We understand that every situation is different—that some cases require more representation than others. We are prepared to assist property owners, property managers and landlords through the lease preparation process by carefully explaining the terms of each lease, as well as issues they may not anticipate, such as landlord or tenant bankruptcy and many other legal issues.

 

 

Weather you are a Landlord or Tenant, on NationalEvictions.com you can find information for Evictions in your State.

Including Laws, The Eviction Process, Filing an Eviction, Defending an Eviction and Official Court Forms for the State the property is located in.

 

If you are considering seeking advice from counsel, here is what we suggest you keep in mind:

  • Consult with legal counsel during the lease preparation process.
  • Seek legal counsel with the necessary expertise representing both landlords and tenants in real estate development.
  • Anticipate all of the potential issues that can surface outside the scope of your original plans or expectations.

 

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Law Firms, Process Servers, Court Services, Filing companies, document Preperation, Notaries Sign up and get listed on our Directory. 

 



 

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