Month: July 2024

Bill SB 567: Key Changes to No-Fault Evictions

As of April 1, 2024, California’s new legislation, Bill SB 567, has introduced important changes to the rules governing no-fault just cause evictions. This law now affects both landlords and tenants, setting clear guidelines for ending leases and ensuring fair treatment for all parties involved.

Here’s a detailed overview of the key aspects of this new law and what it means for you:

1. Key Updates for No-Fault Just Cause Evictions

Under the new rules, if a landlord terminates a tenancy for a no-fault reason—such as wanting to move into the property—they must comply with specific requirements:

  • Mandatory Moving-In Timeline – Landlords must move into the property within 90 days after the tenant vacates. Additionally, they must use the property as their primary residence for at least 12 continuous months. If the landlord fails to meet these conditions:
    • The landlord must offer the rental unit back to the tenant who vacated it, at the same rent and lease terms that were in place before the tenant left.
    • The landlord is also required to reimburse the tenant for reasonable moving expenses that exceed any relocation assistance previously provided.

These provisions are designed to ensure that no-fault evictions are used fairly and not as a loophole to displace tenants unjustly.

2. Relocation Assistance Requirements

When issuing a no-fault eviction notice, landlords must now provide one of the following forms of assistance to the tenant:

  • Direct Financial Assistance – Landlords must give the tenant money to help with moving costs.
  • Rent Waiver – Alternatively, landlords can waive the rent for the final month of the tenancy. This waiver must be provided in writing before the rent is due.

These measures aim to ease the financial burden on tenants who are displaced due to no-fault evictions, making the transition more manageable.

3. Property Withdrawal and Remodeling Notices

If a landlord decides to withdraw a property from the rental market to remodel or demolish it, they must:

  • Provide the tenant with written notice detailing the planned work on the property. This notice must include specific information about the scope of the remodel or demolition.

This requirement ensures that tenants are fully informed about significant changes to their housing situation and have clear information about what to expect.

4. Legal Risks and Penalties for Landlords

The new law imposes significant legal risks for landlords who do not comply with these rules:
  • Penalties for Violations – Landlords who attempt to recover possession of a rental unit in violation of the new provisions may be liable for damages up to three times the actual amount of damages, in addition to punitive damages.
  • Excess Rent Payments – If a landlord collects rent payments that exceed the maximum allowable increase, they may be liable to pay back up to three times the excess amount, especially if the overcharging was done willfully or fraudulently.
  • Enforcement Actions – The Attorney General, city attorney, or county counsel have the authority to seek injunctive relief against landlords who violate these rules. This means that legal action can be taken to enforce compliance and protect tenants’ rights.

What This Means for You

For Tenants

Bill SB 567 provides stronger protections against unfair evictions and ensures that you receive appropriate assistance with moving costs if you are displaced due to a no-fault eviction. This helps to safeguard your rights and reduce the financial impact of relocating.

For Landlords

Understanding and adhering to these new requirements is crucial to avoid potential legal issues and financial penalties. By following the new rules, you can manage your rental properties more effectively and maintain good relationships with your tenants. Ensuring compliance with the law will help you avoid disputes and legal challenges.

Need Legal Advice?

With the new legislation now in effect, it is essential to ensure that you are fully informed and compliant.

If you have any questions about how Bill SB 567 affects you or need guidance on navigating these changes, our experienced team is here to assist.

Contact us today at (619) 546-7880 for a consultation to discuss your specific situation and learn how we can support you in managing these new requirements.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

San Diego Residents’ Guide to Probate

At Hoffman & Forde, Attorneys at Law, we specialize in estate planning and probate law in San Diego, California.

In this detailed guide, we aim to demystify the probate process, clarifying what it entails, where it applies, when it occurs, why it’s important, how to navigate it effectively, and the benefits of proactive planning.

What is Probate?

Probate is the court-supervised process of validating a deceased person’s will and distributing their assets to beneficiaries. It ensures that debts are settled, taxes are paid, and assets are distributed according to the deceased’s wishes or state law.

In San Diego, Probate typically involves filing paperwork with the Superior Court of California for the county where the deceased resided, initiating the legal process to administer their estate.

Where and When does Probate occur?

Probate generally takes place in the county where the deceased lived at the time of their death, such as San Diego County for residents of San Diego.

The process begins shortly after the individual’s death and involves various legal steps that must be completed within specific timelines. Depending on the intricacy of the estate and any legal challenges that arise, Probate can take anywhere from several months to over a year to complete.

Why is Probate necessary?

Probate becomes necessary in various situations and is important for several reasons:

  • Transferring Assets and Paying Debts – Probate provides a formal process for transferring the deceased’s assets to their beneficiaries and ensures that outstanding debts are paid before the assets are distributed.
  • Resolving Disputes and Uncertainties – Probate helps resolve disputes over the estate. It is essential when there is no clear direction on how the deceased’s property should be distributed, such as when there is no will or if the will is disputed.
  • Validating Wills and Managing Large Estates – Probate confirms the will is valid and follows legal standards. It is also important for handling large or complicated estates, including multiple properties and diverse assets.
  • Protecting the Deceased’s Wishes – Probate ensures that the deceased’s wishes are legally enforceable as stated in their will, preventing potential disputes and mismanagement of the estate.

Without probate, this potentially leads to lengthy court battles and strained relationships among family members.

How to manage Probate effectively?

  • Inventory and Appraisal – Start by compiling a detailed inventory of the deceased’s assets, including real estate, financial accounts, personal belongings, and other property.
    • Obtain professional appraisals where necessary to determine the fair market value of assets.
  • Debts and Taxes – Identify and pay off outstanding debts owed by the estate, including mortgages, loans, credit card balances, and unpaid taxes.
    • This ensures that creditors are satisfied and prevents potential claims against the estate.
  • Distribution of Assets – Follow the instructions laid out in the deceased’s will regarding the distribution of assets to beneficiaries.
    • If there is no will (intestate), distribute assets according to California’s laws of intestate succession.

Benefits of proactive Probate planning

  • Minimize Delays and Costs – Planning and organizing your estate can reduce the time and expense of probate proceedings.
  • Ensure Wishes are Honored – Proper estate planning allows you to specify how your assets are distributed and ensure your wishes are legally enforceable.
  • Preserve Family Relationships – Preemptively address potential conflicts or disputes through precise estate planning, minimizing the likelihood of family disagreements during Probate.
  • Protect Privacy – Probate proceedings are public records. Still, careful planning, such as establishing trusts, can help maintain privacy by keeping asset details out of the public domain.

Need Legal Advice?

Understanding Probate is essential for protecting anyone with assets and loved ones.

By partnering with Hoffman & Forde, Attorneys at Law, you gain access to dedicated professionals who prioritize your family’s financial security and peace of mind. Whether planning or handling the probate process, our firm is here to provide expert guidance and support at every step.

Contact us today for a consultation at (619) 546-7880 to discuss how we can assist you in creating a comprehensive estate plan tailored to your needs.