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Author: Ruzicka, Wallace & Coughlin, LLP

90 Days’ Notice Required to Increase Rent by More Than 10% For A Residential Dwelling With A Month-to-Month Tenancy

On October 8, 2019, the Governor of California approved Assembly Bill 1110, which lengthens the amount of notice a residential landlord is required to provide a tenant for rent increases greater than 10%. AB 1110 amends California Civil Code Section 827 and takes effect January 1, 2020. New Notice Requirement…

October 19, 2019 | Landlord-Tenant Law |

Summary of California’s Statewide Rent Cap Law

On October 8, 2019, the Governor of California approved Assembly Bill 1482, which establishes statewide rent and eviction controls.  The new law is effective on January 1, 2020.  The following is a summary of the rent cap portion of the new law, which is found in the newly created Civil…

October 19, 2019 | Landlord-Tenant Law |

City of San Jose Enacts Housing Payment Equality Ordinance

Effective September 27, 2019, the San Jose Housing Payment Equality Ordinance prohibits discrimination against housing voucher holders who apply for rental housing in San José. The ordinance enables applicants who receive financial assistance to be considered in an equal manner to all other applicants. The ordinance is intended to expand…

October 5, 2019 | Landlord-Tenant Law |

Frivolous or Duplicative Notice of Removal of State Court Action to Federal Court Does Not Deprive State Court of Jurisdiction

In ClipperJet v, Tyson, decided on August 7, 2019, the California Court of Appeal decided that the filing of a frivolous or duplicative Notice of Removal of a state court action to federal court does not deprive the state court of jurisdiction over the case. By way of background, federal courts…

August 18, 2019 | Landlord-Tenant Law |

LANDLORD’S BAD FAITH IN REJECTING RENT CHECK THAT IS ONE PENNY SHORT IS A DEFENSE TO AN UNLAWFUL DETAINER ACTION

In J.S. BAWA v Terhune, decided by the Appellate Division of the Superior Court of California for the County of Los Angeles on January 30, 2019, a landlord filed an unlawful detainer action against a tenant of a rent-controlled unit because the tenant’s rent payment was one penny short. The…

April 6, 2019 | Landlord-Tenant Law |

Changes To Eviction Notice and Unlawful Detainer Response Times Effective September 1, 2019

On September 5, 2018, California Governor Jerry Brown signed Assembly Bill 2343, which amends California Code of Civil Procedure Sections 1161 and 1167 to give tenants more time to respond to eviction notices and unlawful detainer (eviction) actions.     Change to Computation of Three-Day Notice Period An unlawful detainer based…

March 28, 2019 | Landlord-Tenant Law |

Unincorporated Areas of Los Angeles County Subject Rent And Eviction Controls

The County of Los Angeles Board of Supervisors has enacted a Temporary Rent Stabilization Ordinance for eligible rental units in the unincorporated areas of Los Angeles County. Rent stabilization is a local law that establishes limits on rent increases and extends eviction protections. The ordinance went into effect on December 20,…

March 11, 2019 | Landlord-Tenant Law |

California Amends Law Protecting Servicemembers

On September 19, 2018, Governor Brown approved Assembly Bill 3232, which amends California law protecting servicemembers to make it more consistent with the federal Servicemembers Civil Relief ACt (SCRA).  Among other things, the new law provides certain protections to servicemembers seeking to terminate a lease early or facing eviction.  The…

December 9, 2018 | Landlord-Tenant Law |