New law could help tenants facing eviction stay in their homes

Tenant advocates suffered a big defeat this fall when California voters decided against expanding cities’ ability to limit rent increases. But a state law set to take effect Jan. 1 will give renters facing eviction a little more breathing room.

The law doubles the time tenants have to respond after receiving an eviction notice from five business days to ten. Lawyers who work with renters say that what may seem like a minor procedural change could make a big difference in allowing people to stay in their homes. 

Tenants who are served an eviction notice and don’t respond in writing within the legal timeframe can lose their case by default, potentially incurring financial penalties and a black mark on their record that affects their future ability to obtain housing. That’s true even if a tenant has a valid legal defense – for example, if their landlord increased the rent above state limits or refused to fix problems like lack of heat or broken door locks. About 40% of California tenants lose their cases this way, researchers have estimated.

“Five days has never been enough for a tenant to find legal assistance and try to decipher the complaint filed against them, find out what kind of defenses they have, fill out the paperwork and make it to court,” Lorraine López, a senior attorney with the Western Center on Law and Poverty, told CalMatters earlier this fall.

Access to legal services varies widely across California. San Francisco guarantees legal representation to any tenant facing eviction, and in other cities like Oakland and Los Angeles, robust networks of pro-bono lawyers help renters file responses. But Californians who live in so-called “legal deserts” – often in rural areas – must travel many miles to meet with an attorney.

Tenants with lawyers are less likely to get locked out of their homes, some studies have shown – though fewer than 5% of renters in eviction cases nationwide have legal help, compared with more than 80% of landlords, the National Coalition for a Civil Right to Counsel estimates.

Authored by Assemblymember Ash Kalra, a San Jose Democrat, the new law also offers something for landlords, who generally like eviction cases to move faster. It limits the amount of time tenant lawyers can take to file certain motions alleging errors in a landlord’s complaint. Landlord representatives said lawyers would use those motions to drag out cases unnecessarily.

The change convinced the state’s largest landlord lobby, the California Apartment Association, to remain neutral on the law while legislators debated it. Some local property owner groups still opposed the law.

“The longer these things take, the more expensive it is (for landlords) and the more rent is lost,” said Daniel Bornstein, an attorney who represents property owners.