real estate laws

Mobilehomes: Exemptions from Rent Control Disallowed Until 2025

The exemption from local mobilehome rent control laws for leases of 12 months or more is disallowed temporarily until January 1, 2025.

Previously, the law exempted a rental agreement in a mobilehome park that is in excess of 12 months’ duration, and that meets other specified requirements, from local rent control ordinances.

This new law prohibits the above-described exemption from rent control in mobilehome parks for rental agreements from applying to a rental agreement entered into on or after February 13, 2020. These provisions are repealed on January 1, 2025.

Assembly Bill 2782 is codified as Civil Code Sections 798.17 and 798.56, and Government Code Sections 65863.7 and 66427.4.  Effective January 1, 2021.

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COVID-19 Rent Moratorium Rules Extended Statewide | Mobilehomes

The COVID-19 Tenant Relief Act is applied to mobilehomes in mobilehome parks.

Applies all of the protections of the COVID-19 Tenant Relief Act of 2020 to persons who rent space in a mobilehome park. See the summary of this law above in under the heading Landlord/Tenant: "COVID-19 Tenant Protection Act of 2020"

The COVID-19 Tenant Relief Act of 2020 extends tenant rental relief protections to the Mobile Home Residency law by defining "landlord" to include an owner of a mobilehome park and an owner of a mobilehome park space or lot, and requiring that any notice to pay rent or quit for a mobilehome renting space in a mobile home park comply with all of the notice rules, including provision of a 15-day notice, statutory advisories and a blank declaration per the Tenant Relief Act. The UD process would adhere to the all of the same procedures under the Tenant Relief Actc with exceptions that are specific to mobilehome eviction such as, for example, that a UD may not be filed for at least 60 days after service of a notice to pay rent or quit.

These provisions were part of a larger bill Assembly Bill 3088 and are codified as Civil Code Section 798.56 and Code of Civil Procdure Sections 1179.01 through 1179.07.  Effective immediately on August 31, 2020, as urgency legislation.

Read more laws here

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Termination of Tenancy Right for Crime Victims Expanded : Landlord/Tenant

This law extends existing provisions of law authorizing a tenant to terminate a tenancy when the tenant or a household member is a victim of domestic violence or elder abuse to also include a crime that caused bodily injury or death, the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or that included the use of force or threat of force against the victim, and expands these provisions to apply if an immediate family member of the tenant is a victim of an eligible crime.

This law extends the existing law as follows:

  1. Adds a crime that caused bodily injury or death, that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or that included the use of force against the victim or threat of force against the victim to the existing list of eligible crimes for which a tenant may terminate the lease if the tenant or a household member is a victim.
  2. Authorizes a tenant to terminate a lease if an immediate family member was a victim of an eligible crime.
  3. Authorizes any other form of documentation that reasonably verifies that the eligible crime or act occurred to be given to the landlord.
  4. Adds a victim of violent crime advocate to definition of qualified third party that may sign documentation to be provided to a landlord.
  5. Requires the tenant to provide a specified written statement to the landlord if the tenant is terminating tenancy because an immediate family member is a victim of an eligible crime, the tenant did not live in the same household as the immediate family member at the time of the eligible crime, and no part of the crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant.
  6. Requires the notice to terminate the tenancy to be given within 180 days of the date that the newly added eligible crimes occurred.
  7. Prohibits a landlord from requiring...

Unlawful Detainer (UD) Shielding : Landlord / Tenant

In part urgency legislation that took effect immediately on August 31, 2020.  Two laws: One extends UD Shielding for UD actions based on COVID rental debt and the other further expands UD shielding in general.

Until February 1, 2021 for any UD action based on COVID rental debt (owing from March 4, 2020 to January 31, 2021) public access generally to UD filing is foreclosed even when the plaintiff prevails in an action within 60 days of filing.

Beginning January 1, 2021, public access to UD fillings is permitted when a judgment against all defendants has been entered within 60 days.

In 2017, a law came into effect which restricted the general public access to unlawful detainer filings to the circumstance where the landlord prevailed within 60 days of filing.  The effect of shielding public access to UD filings was to impair the usefulness of credit reports in spotting a tenant with a history of being evicted through the unlawful detainer process.

This new law expands this public access limitation even further by eliminating public access even in those limited circumstances when the unlawful detainer action was filed between March 4, 2020, and January 31, 2021, and is based on the nonpayment of rent. It does, however, contain a special exception for the news media to pull unlawful detainer data for the purpose of gathering "newsworthy facts" by a reporter or other persons in the press.

Additionally, existing law allows access to case records filed in an unlawful detainer action to any person 60 days after the complaint has been filed if the plaintiff prevails in the action within 60 days of the filing of the complaint.

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Rent Cap and Just Cause Eviction : Landlord/Tenant

Urgency legislation that took effect immediately on August 31, 2020.  Clarifies permissible rent increases under statewide rent cap law.  Clarifies the exemptions for a duplex.

Eliminates ambiguities under the Tenant Protection Act of 2019 as to exactly how to calculate the consumer price index for the applicable area -- giving the owner greater assurance that a given rent increase is legally permissible.  Clarifies that the exemption for a duplex applies to a single structure containing two separate dwelling units.

Under the Tenant Protection Act of 2019 (commonly referred to as the statewide rent cap and just cause eviction law or "AB 1482"), a landlord is permitted to raise rent by 5% plus inflation as indicated by the applicable Consumer Price Index.  But AB 1482 is ambiguous in describing precisely which Consumer Price Index ("CPI") measurement can be used.  These ambiguities are as follows:

1)  As passed AB 1482 did not specify which CPI measure is applicable such as the CPI-U for all Urban Consumers or some other measure such as the CPI-E or CPI-W.

2)  AB 1482 required that the CPI numbers for specified metropolitan areas rely on the CPI from April.

However, the US Bureau of Labor Statistics ("USBLS") does not include April numbers for San Diego, Riverside and San Bernardino counties.

3)  AB 1482 prescribed the use of the CPI for the "region" where the property is located as published by the USBLS.

However, the only "regional" number it publishes is for the "West Region" which covers the 13 westernmost states.

4)  AB 1482 is ambigous as to whether the CPI for a given metropolitan area covers every property within the county described.

5)  AB 1482 was silent on rounding up or down the CPI

6)  Any rent increase...

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