Sonoma County Lawyer Blog

Post-Foreclosure Protection for Tenants Senate Bill 1149:

Commencing January 1, 2011, a notice to terminate a residential tenant who remains after a foreclosure sale must generally include a statutory notice of the tenant’s rights.  This requirement, which sunsets on January 1, 2013, applies to an immediate successor-in-interest for one year after a foreclosure sale.  The tenant’s rights must be on a separate cover sheet or, for a 90-day termination, incorporated into the notice to terminate.  This new requirement is provided for under newly added California Code of Civil Procedure section 1161c passed pursuant to Senate Bill 1149. 

This new notice should state, among other things:

“You may have the right to stay in your home for 90 days or longer, regardless of any deadlines stated on any attached papers. In some cases and in some cities with a “just cause for eviction law,” you may not have to move at all. But you must take the proper legal steps in order to protect your rights.”

Senate Bill 1149 also amended Code of Civil Procedure 1161.2 with the aim to protect against unfair damage to the credit of a residential tenant by generally prohibiting the court clerk from revealing unlawful detainer court records unless the bank or third party investor prevails at the unlawful detainer trial. 

Tenant Protection for Domestic Violence Victims Senate Bill 782:

Starting January 1, 2011, a residential landlord cannot terminate or fail to renew a tenancy based on domestic violence against the tenant or tenant’s household members as specified.  This law applies if the person restrained from contact with the tenant by court order or named in a police report is not also a tenant of the same dwelling unit.  If the protected tenant subsequently allows the person restrained to visit the property, or the landlord reasonably believes the person restrained poses a physical threat to others or to quiet possession by other tenants, the landlord may serve a three-day notice to correct or quit.  To further ensure safe housing for domestic violence victims, this law also requires that, for leases entered into after January 1, 2011, a landlord changes the exterior locks of a protected tenant’s dwelling unit within 24 hours after the tenant provides a written request and supporting court or police documentation as specified. 

So California landlords in 2011 will see even greater protection and stricter notice requirement for tenants.  As you can see, eviction law is highly specialized.  It does not follow the rules of a typical civil ligation.  Therefore, only an attorney with the specialized knowledge required will be able to properly and efficiently carry out your litigation action. 

Contact JVS Lawtoday for your free 1/2 hour eviction consultation.