New Eviction Law AB2819
Anyone who operates multi-family properties knows that tenant evictions are always an uphill legal battle. The burden of proof is squarely on the landlord, and the courts almost exclusively favor tenants - particularly when the apartment unit is under rent control.
In California, thanks to the recently passed AB2819, this uphill battle just got steeper.
In September, Governor Brown signed AB2819 into law, changing the civil code regarding eviction records.
Now, unless a landlord obtains a judgment against a tenant within 60 days from filing of the unlawful detainer, the results of the case will be permanently sealed.
As anyone who has ever dealt with a legal eviction before knows, it is almost impossible to obtain judgment in under 60-days. Tenant rights advocates and attorneys can easily request a jury trial or file frivolous court motions, tactics designed to extend the eviction case beyond 60 days and prevent a judgment.
AB2819 means that there will be no record of the unlawful detainer or eviction, making it more difficult for landlords to perform proper tenant screening.
AB2819 automatically and permanently seals all limited Unlawful Detainers unless:
the landlord wins the lawsuit within 60 days of filing or
after 60 days only if the landlord wins the judgment and the court allows public access to the record.
There is nothing to prevent tenants from jumping from building to building, skirting the system, with free legal aid and laws to protect them.
BELOW IS OUR ADVICE TO LANDLORDS:
