The San Francisco tenant’s legal defense officer wants the landlord to hear a loud and clear message.
Thursday marks the end of a statewide suspension of evictions of rent-unpaid peasants due to COVID-19 hardship, and on Friday the landlord fired tenants who didn’t pay more than ‘a quarter of the due date of the previous year. I was able to begin the process of doing so. .. However, tenants can still do a lot to protect themselves, said Ora Prochovnick, director of litigation and policy. Shrimp Defense Collaboration Coordinate nonprofit organizations that provide free legal aid under the City’s Lawyer Law Program.
“They shouldn’t be afraid of losing their home, they should take advantage of a rental assistance program and everything will be fine,” Prochovnick said.
Prochovnick explained what tenants can expect and how they can continue to be accommodated if the landlord tries to kick them out.
Amount to be paid to the owner to avoid eviction
Tenants who have not paid part of the rent or utility bills payable after April 2020 should apply to the state immediately. Rent Relief Program Not only to obtain financial support, but also to benefit from guarantees that could block or stop evictions.
On Thursday, tenants were to pay 25% of the rent payable between September 2020 and September 2021. State Legislature. Tenants cannot be evicted for the remaining 75% of the unpaid rent (the landlord can then sue this money in a small court) or for unpaid rents payable between April and August 2020.
Local protection passed last year should also prevent eviction of unpaid rents, which expire in October 2020, said Kyle, legislative assistant to San Francisco supervisor Dean Preston, who drafted the city’s bill.・ Smiley said. However, Prochovnick said renters would have to pay that month as well, as local laws could override state schedules.
“Pay or complete” notification
To begin the process of evicting rent payable during a pandemic, the landlord must send a “payment or termination” notice to the tenant, giving them at least 3 days to pay for what they are renting, or the eviction. There are.
According to Prochovnick, when the tenant receives the notification, Shrimp Defense Collaboration One of three methods:
- phone (415) 659-9184
- E-mail [email protected]
- 1338, rue Mission on the 4th floor. Meet at the group office at. The staff will be there from 10 a.m. to 11:30 a.m. and from 1 p.m. to 2:30 p.m. on Mondays, Wednesdays and Fridays.
The “payment or termination” notification period does not include public holidays or weekends and begins the day after the owner notifies the tenant.
In the event that the owner warned 3 days in advance on October 1, the tenant must pay or move out before 5 p.m. on October 6. If the tenant doesn’t do either, the landlord can move on to the next step: summons to court.
The landlord can file eviction proceedings on October 7 and the court can issue a subpoena on that day. After receiving the subpoena, tenants must send a formal explanation of their side of the proceedings to the court within 5 working days excluding holidays. Since October 11 is Columbus Day, October 15 is the earliest deadline for responses. If the tenant has not obtained a legal representative at this stage, San Francisco Superior CourthouseDit Prochofnick.
If the tenant does not respond on time, the tenant will automatically lose the case.
The day after the tenant’s response is filed, either party may request a specific date for the investigation of the procedure within three weeks. If the tenant loses the case, the sheriff’s office sets a date to remove the tenant and his property from the property.
What can stop or block the eviction process
There are two important things that can prevent or delay the peasant eviction proceedings initiated in response to the rent debt related to the pandemic.
- The owner must prove that they have filed a petition with the government before the court issues a subpoena. Rent Assistance Program The amount payable by the tenant has been refunded and the application has been rejected or the tenant has not completed the appropriate section for at least 15 working days. This means that if the landlord didn’t apply for rent assistance by October 1, they wouldn’t be able to start the moving process as early as the middle of the month.
- Tenants can suspend the removal process at any time by showing proof to the court that the state has approved the rental assistance application until the sheriff’s agent initiates the removal process.
“If she applies, she will not be protected for the period from application to approval,” said Prochovnick, referring to a fictitious tenant. “She must therefore mobilize to slow down the process so that she does not abandon it before being approved, with the help of people like me who defend the expulsion of the peasants.
According to Prochovnick, these procedural protections are likely to dampen the coming wave of withdrawal, gradually inflating rather than overwhelming tenants in one fell swoop.
“It won’t be a tsunami,” Prochofnick said. “Therefore, I think the right to legal assistance will be able to absorb and manage it. We will be busy and continually busy, but I think we can keep pace. “
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