Tag Archives: 60-day eviction notice

New Law Giving Prospective Renters In California Foreclosure Warning

Coming into next year there will be many new laws in California regarding foreclosures and giving consumers more rights.  Some of these rights are for the renters that have fallen victims to the homes they were renting being foreclosed on without warning.  Some of these new laws are giving the home owners protection due to the scrupulous ways the banks have handled the foreclosure process and loan modification process.

 

Senate Bill No. 1191
CHAPTER 566
An act to add and repeal Section 2924.85 of the Civil Code, relating to
landlord-tenant relations.
[Approved by Governor September 25, 2012. Filed with
Secretary of State September 25, 2012.]
legislative counsel’s digest
SB 1191, Simitian. Landlord-tenant relations: disclosure of notice of
default.
Existing law generally regulates the hiring of real property, including,
among other things, specifying certain obligations imposed on landlords
and obligations imposed on tenants. Existing law, until January 1, 2013,
requires a tenant of property upon which a notice of sale has been posted
to be provided a specified notice advising the tenant that, among other things,
the new property owner may either give the tenant a new lease or rental
agreement, or provide the tenant with a 60-day eviction notice, and that
other laws may prohibit the eviction or provide the tenant with a longer
notice before eviction.
This bill would, until January 1, 2018, require every landlord who offers
for rent a single-family dwelling, or a multifamily dwelling not exceeding
4 units, and who has received a notice of default that has not been rescinded
with respect to a mortgage or deed of trust secured by that property to
disclose the notice of default in writing to any prospective tenant prior to
executing a lease agreement for the property. The bill would provide that a
violation of those provisions would allow the tenant to void the lease and
entitle the tenant to recovery of one month’s rent or twice the amount of
actual damages from the landlord, and all prepaid rent, if the tenant voids
the lease and vacates the property in addition to any other remedies that are
available. The bill would also provide that if the tenant elects not to void
the lease and the foreclosure sale has not yet occurred, the tenant may deduct
a total amount equal to one month’s rent from future rent obligations owed
the landlord who received the notice of default. The bill would specify the
content of the written disclosure notice, and would require the notice to be
provided in English and other languages, as specified. The bill would exempt
a property manager from liability for failing to provide the written disclosure
notice unless the landlord notified the property manager of the notice of
default and directed him or her in writing to deliver the written disclosure.

For more information on this bill and additional information follow the following link.

http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1151-1200/sb_1191_bill_20120925_chaptered.pdf

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