City of Richmond Repeals Ordinance Establishing a Rent Board and Just Cause Requirements For Evictions

On November 3, 2015, by a unanimous vote of the City Council (7-0), the City of Richmond repealed its rent control and just cause for eviction ordinance. (Ordinance Number 21-15) Consequently, the City of Richmond's rent control and just cause for eviction ordinance has no force or effect, and the City Council may not adopt the same ordinance for one year. 

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.

© 2016 Ruzicka, Wallace & Coughlin, LLP.

The 9th Circuit Court of Appeals Holds That A Bankruptcy Filed By An Occupant of Real Property After Entry of An Unlawful Detainer Judgment and Issuance of a Writ of Possession Does Not Create An Automatic Stay With Respect To A Sheriff Lockout

In In Re Perl, the plaintiff filed a post-foreclosure unlawful detainer action. After the Superior Court entered a judgment in favor of the plaintiff for possession of the premises and issued of a writ of possession, an occupant filed bankruptcy. The plaintiff proceeded with a Sheriff lockout without obtaining an order for relief from the automatic stay.  The occupant thereafter alleged that the plaintiff violated the automatic stay. The 9th Circuit Court of Appeals held there was no violation of the automatic stay because the occupant did not have a legal or equitable interest in the property at the time of the Sheriff lockout.  See  In re Perl (2016) 811 F.3d 1120.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.

© 2016 Ruzicka, Wallace & Coughlin, LLP.

New California Law Reduces The Amount of Notice That A Victim of Domestic Violence Must Give A Landlord To Terminate a Tenancy

Effective as of January 1, 2016, California Assembly Bill 418 reduces the amount of notice that a tenant, who is a victim of domestic violence, is required to give a landlord to terminate a tenancy from 30 days to 14 days. This Bill is codified in Civil Code section 1946.7.

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.

© 2016 Ruzicka, Wallace & Coughlin, LLP.

New Law Grants Tenants The Right To Use A Clotheline Or Drying Rack

Effective January 1, 2016, a tenant may utilize a clothesline or drying rack in the tenant’s private area if all of the following conditions are met: (1) The clothesline or drying rack will not interfere with the maintenance of the rental property, (2) The clothesline or drying rack will not create a health or safety hazard, block doorways, or interfere with walkways or utility service equipment, (3) The tenant seeks the landlord’s consent before affixing a clothesline to a building, (4) Use of the clothesline or drying rack does not violate reasonable time or location restrictions imposed by the landlord, and (5) The tenant has received approval of the clothesline or drying rack, or the type of clothesline or drying rack, from the landlord.  (See Civil Code section 1940.20) For purposes of the new law, the following definitions apply: “Clothesline” includes a cord, rope, or wire from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a clothesline. “Drying rack” means an apparatus from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a drying rack. “Private area” means an outdoor area or an area in the tenant’s premises enclosed by a wall or fence with access from a door of the premises. Landlords are encouraged to review their leases to determine whether a modification may be appropriate to address the new law.  

For further information, please contact Ruzicka, Wallace & Coughlin, LLP at (949) 748-3600; website: www.rwclegal.com. 

The law firm of Ruzicka, Wallace & Coughlin, LLP represents landlords, property management companies, institutional and private lenders, employers and insurance companies throughout the State of California in real estate, business and employment litigation. The information provided herein is for general interest only and should not be relied upon or construed as legal advice.

© 2016 Ruzicka, Wallace & Coughlin, LLP.

Congratulations to Partner Earl R. Wallace For Achieving An AV Preeminent Rating From Martindale-Hubbell

Ruzicka, Wallace & Coughlin, LLP congratulates partner Earl R. Wallace on obtaining an AV Preeminent Rating From Martindale-Hubbell for legal ability and ethics. Martindale-Hubbell's AV Preeminent rating is a significant accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence. These ratings serve as an objective indicator that a lawyer has the highest ethical standards and professional ability. To find out more about Martindale-Hubbell's ratings, please go to www.martindale.com.