California Apartment Association

Under California law, tenants can find rather simple ways to postpone evictions and keep living rent-free.

In many cases, unscrupulous attorneys advertise online, offering to help tenants drag out the eviction process for months — and even years.

Tenants are coached by these attorneys to check boxes on the Unlawful Detainer Answer, claiming the unit is substandard or uninhabitable.

They provide no background to substantiate their claim. This very practice gives tenants an easy 30 to 60 days extra time to live in the unit rent free. They may never have to prove anything in court.

Often a tenant’s answer is the first time the owner is notified that there is anything wrong with the rental unit.

With AB 2508 by Steve Fox, D-Palmdale, the California Apartment Association hopes to change this.

The bill would require tenants to provide specific information when they claim the unit is substandard. Tenants who provide more specific information will shed light on the issue for the landlord. At the same time, the information will allow for a more efficient court process for the judge to evaluate both parties’ claims.

CAA believes this will provide a useful public record that demonstrates the extent to which this tactic is used and whether property owners have been notified and responded to any substandard conditions prior to the court action.

Finally, the proposal requires tenants to state whether or not they have the rent money available to satisfy a potential judgment in favor of the landlord.