Tenant advocates faced a significant setback this autumn as California voters chose not to enhance cities’ authority to restrict rent hikes. A new state law coming into effect on January 1 will provide renters dealing with eviction some additional relief.
The legislation extends the period for tenants to reply to an eviction notice, increasing it from five business days to ten. Legal experts representing tenants believe that what might appear to be a small procedural adjustment could significantly impact individuals’ ability to remain in their residences.
When tenants receive an eviction notice and fail to respond in writing within the specified legal period, they risk losing their case automatically. This can lead to financial repercussions and a negative mark on their record, which may hinder their chances of securing housing in the future. Even in cases where a tenant has a legitimate legal argument, such as when a landlord raises the rent beyond state regulations or neglects essential repairs like heating issues or malfunctioning door locks, this remains the case. Researchers estimate that approximately 40% of tenants in California face defeat in their cases through this method.
The availability of legal services shows significant disparities throughout California. San Francisco ensures that every tenant facing eviction has access to legal representation, while cities such as Oakland and Los Angeles boast strong networks of pro-bono attorneys ready to assist renters in filing their responses. However, residents of certain regions in California, particularly in rural areas, are faced with the challenge of traveling significant distances to consult with a lawyer.
Research indicates that tenants who have legal representation are at a lower risk of being evicted from their residences. However, it is noteworthy that less than 5% of renters facing eviction across the country receive legal assistance, in stark contrast to over 80% of landlords, according to estimates from the National Coalition for a Civil Right to Counsel.
Written by Assemblymember Ash Kalra, a Democrat from San Jose, the new legislation also provides benefits for landlords, who typically prefer a quicker resolution in eviction matters. The measure restricts the duration tenant attorneys have to submit specific motions that claim inaccuracies in a landlord’s complaint. Representatives of property owners expressed concerns that attorneys might exploit those motions to prolong cases without justification.
The alteration persuaded the most prominent landlord organization in the state to adopt a neutral stance on the legislation during the discussions among lawmakers. Certain regional property owner associations continue to stand against the legislation.
