ADVANCED OVERVIEW RONNETTE RAMOS · CAROLYN GOLD SAN FRANCISCO · APRIL 22, 2008

1. LANDLORD/ TENANT LAW ADVANCED OVERVIEW RONNETTE RAMOS · CAROLYN GOLD SAN FRANCISCO · APRIL 22, 2008

2. OVERVIEW • Prejudgment Claim of Right to Possession • Review of Tenant Defenses • Trial/ Trial Preparation • Motion to Quash • Demurrer • Motion to Set Aside • Appeal Process • Stipulations • Stay of Execution • Stay of Execution Pending Appeal • UD Registry

3. PREJUDGMENT CLAIM OF RIGHT TO POSSESSION

4. PREJUDGMENT CLAIM OF RIGHT TO POSSESSION • Prejudgment Claim of Right to Possession may be filed by unnamed occupants to make a general appearance in the case. • Serving this form prevents unnamed occupants from later contesting the enforcement of a UD judgment. • After filing Prejudgment Claim of Right to Possession the individual automatically becomes a defendant in the Unlawful Detainer lawsuit, and must file an answer to the Complaint within five days after filing the form

5. TENANT DEFENSES • Breach of Implied Warranty of Habitability • Estoppels • Rent Control • Defective Notices • Retaliation and Discrimination

6. BREACH OF IMPLIED WARRANTY OF HABITABLITY • Prove the poor conditions are substantial • Evidence of conditions • Photos • Certified agency reports • Witnesses • Letters to landlord/ owner • Notice to the Owner (aware of or should have been aware of) • If tenant wins: • Reduced rent • Make sure tenant has money to pay • Repairs ordered (Compliance Hearing)

7. ESTOPPEL • Landlord can be estopped from evicting if: • Landlord accepted late payment of rent in the past • Plaintiff accepted rent with knowledge of alleged breach • Acceptance of rent after the notice expired • Notice does not unequivocally demand possession

8. RENT CONTROL • Rent Control • Regulates how much a landlord can raise (or must reduce) the rent • Limits the reasons for eviction and/or pay relocation fees • Landlords must identifythe reasons, circumstances, and/or witnesses in the notice to terminate a tenancy • LARSO- Los Angeles Rent Stabilization Ordinance

9. DEFECTIVE NOTICE • Demanded more rent than Tenant owed • Not properly served • Did not declare forfeiture of lease • Did not give proper amount of time to pay rent, cure or quit

10. DISCRIMINATION AND RETALIATION • Discrimination: • Race, Gender, Age, Sexual Orientation, Disability, Religion, Presence of Children in Residence • Retaliation: • Tenant has exercised legal right (i.e.- using repair and deduct remedy) • Tenant complained about problem in rental unit • Tenant prevailed in prior UD action

11. TRIAL/ TRIAL PREPARATION • Once tenant/defendant files an answer, either party may request a trial date • Trial date is usually set within 20 days of filing the request • When requesting a trial date, either party may request a jury trial • Tenants can log onto for information on preparing for Trial (Courtesy of Neighborhood Legal Services)

12. MOTION TO QUASH • Motion to nullify service of process • Maybe filed within 5-day pleading time • Timely filed motion avoids entry of default • Maybe filed simultaneously with an Answer • Types of defective service • Requires points and authorities

13. DEMURRER • Defendant contests the legal sufficiency of a complaint without admitting or denying the allegations • Must be filed within 5 days after service of the Summons • Demurrer must: • Be served and filed at least 16 court days before the hearing date, with 5 calendar days added if the places of mailing and destination address are both in California • Is not more than 35 days after filing or on the first available date thereafter

14. MOTION TO SET ASIDE • Tenant may file a motion asking the court to set aside a Default Judgment • If the motion is granted, Tenant may then file an Answer and have a trial • Failure to respond requires a good excuse • Tenant should not delay in requesting a motion to set aside a Judgment

15. APPEAL FROM AN EVICTION • Tenant may appeal a Court’s eviction order by filing a Notice of Appeal • Must be filed within 30 days of receiving notice that Judgment was entered • May only argue issues of law • An appeal does not stay an eviction

16. STIPULATIONS • Also called a Conditional Settlement • Landlord and Tenant must agree on terms • Agreement on date Tenant must leave • Agreement on how much money is owed and when it will be paid • Agreement on Conditions • Tenant must agree that Landlord will dismiss case so long as tenant moves out on a set date • Should be put in writing

17. STAY OF EXECUTION • Court order to temporarily suspend the execution of the UD Judgment • Defendant may request a Stay of Execution of the Judgment whether or not an appeal is taken • Tenant is usually required to pay daily rental value for length of stay

18. STAY OF EXECUTION PENDING APPEAL • Procedures governing Stays of Unlawful Detainer Judgments pending appeal: • No automatic stay on appeal • Request for stay must first be directed to the judge who rendered the judgment • May be granted if judge finds: • Moving party will suffer extreme hardships if stay is granted • Stay will not irreparably injure moving party • Subject to any conditions the Court deems just • Conditioned on payment of reasonable monthly rental value to the Court each month in advance

19. UD REGISTRY • A credit reporting agency which locates the eviction records in the local courthouses and adds the names of all Defendants to a computer database • CCP § 1161.2- • Was originally designed to protect tenants whose landlords dismissed or lost the case, but has been severely weakened with exceptions, and has not extended to practical applications • An eviction case should remain permanently sealed unless and/or until a Judgment against specific tenant is entered • For more information log onto the UD Registry by clicking here-

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