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More Unlawful Detainer Actions Will be Filed <br />It's nearly impossible to find a new place to live, pack, and move in 3 days, tenants are more likely <br />to stay in the unit after the expiration of a 3 -day notice versus a 30/60 -day notice. Thus, it is more <br />likely that tenants will have an unlawful detainer action filed against them. Having a UD judgment <br />on your rental history makes it nearly impossible to get approved for new rental housing. <br />Tenants More Likely to Have to Pay Large Attorney's Fees Awards <br />Many courts have attorney fee schedules that limit the amount of attorney's fees that can be awarded <br />in unlawful detainer actions (often it is limited to a flat $500 or $750). However, if the case was <br />more complicated, the court generally has discretion to award a higher amount. Because `for -cause' <br />cases take more work to prove, landlords are more likely to be able to obtain higher awards which <br />tenants have to pay. The average `for -cause' case that results in a pre-trial settlement incurs nearly <br />$5,000 in attorney fees. However, in nuisance cases that went to trial it's not unusual for the fees to <br />approach $15,000420,000. Most leases have an attorney's fee provision, which makes the tenants <br />responsible for paying the landlord's costs to go to court. <br />More Critical Landlords <br />`For -cause' cases take a lot of evidence to prove. It is helpful to be able to show a long pattern of <br />misbehavior in support of a case. Thus, tenants are more likely to be under a microscope when the <br />landlord is subject to `just cause' requirements. Every rule violation will result in lease violation <br />notices being served and every minor incident will be documented in tenants' files. Tenant advocates <br />might say that this is a good thing because landlords should have to document and give warnings, <br />but many tenants say they felt like the practices are too much. <br />Conclusion <br />As I have highlighted throughout this letter, there's an overwhelming amount of evidence that shows <br />why `just cause' eviction ordinances are not appropriate solutions to a community's housing issues. <br />Not only do they impede a rental housing provider's progress in providing quality rental housing, <br />such ordinances are legally unnecessary and ultimately hurt tenants. <br />CAA thanks you for allowing us to be a resource to the City of Santa Ana, please do not hesitate to <br />contact us on any issues related to rental housing policy or if you have any questions on the contents <br />of this letter. I can be reached directly at 951-809-4423 or MBuck@caanet.org. <br />Sincerely, <br />Matthew Buck <br />Vice President of Public Affairs <br />California Apartment Association <br />Cc: Mayor Pro Tem Michele Martinez <br />Councilmember Vicente Sarmiento <br />Councilmember Jose Solorio <br />Councilmember David Benavides <br />Councilmember Juan Villegas <br />Councilmember Sal Tinajero <br />