Need to File an Answer to an Unlawful Detainer Complaint (an Eviction) and Don't Have an Attorney?

 Try the Tenant Power Toolkit.

Third try at Ellis Act Eviction Reported by Mission Local - San Francisco

 You can find the story by clicking here.

The Oaklandside Follows Evictions in Alameda County

The Oaklandside publsihed Part 2 of their story following evictions in Alameda County. It's an eye-opening, brutal situation playing out between landlords and tenants in the judical system.

Click here for Part 1 of their story.

Oakland's "Notice to Tenants Regarding Repayment Negotiations" Related to Unpaid Rent Due Under the Local Emergency

For Oakland Tenants:

On 10/11/2022, the City of Oakland published a set of legal rights related to "Repayment Negotiations" under the Eviction Moratorium Ordinance Regulations, Sec. 7.B. 

The "Notice to Tenants Regarding Repayment Negotiations" listed several City mandated rights as follows:

A property owner may not charge or collect late fees or interest on unpaid rent that became due during the Local Emergency. (NOTE: The Local Emergency was tied to the Oakland Eviction Moratorium which ended 7/15/2023.)

Tenants have a right to rescind the repayment agreement for up to 30 days after the Agreement is fully executed.

Third-party mediation services are available through the Rent Adjustment Program at no cost.

Click here for more details.

I Am Being Evicted - How Do I Respond?

The Alameda County Law Library answers these questions (click here) and includes a link to a dowloadable guide from Bay Area Legal Aid related to preparing your response to an Unlawful Detainer Summons and Complaint and buidling your defense. Also see helpful links to the right of this Blog labeled, "Eviction Defense."

KQED Guidance for Oakland Tenants related to the end of the Oakland Eviction Moratorium

 Click here for guidance and resources detailed by this KQED article.

Keeping It Simple - Arguing Your Case in Small Claims Court

If you have unpaid rent due which was related to COVID-19 and there is signficant difference between what the Landlord and you, the tenant, maintains is due, you can summarize the amounts you contend were paid and the amount that the Landlord contends are owed in a Tenant Ledger. You will have limited time to argue your case in Small Claims Court and showing these differences in an Excel file submitted as an Exhibit to the Judge or Commissioner and to your landlord can quickly get your point across. Be sure that your dollar amounts claimed are accurate and that you can back this up with evidence.

Redacted bank statements, images of cashed checks, or electronic statements from the property management company can be taken to court and submitted as evidence if the Landlord challenges the payments that you claim were made and if the Judge wants proof of payment. Don't forget to bring evidence of payment from any government assistance that you may have received from the state or city for unpaid COVID-19 related debt. 

The Judge or Commissioner may take your Tenant Ledger and evidence of payment under submission when deciding the amount that you owe.

A sample Tenant Ledger is shown below and can be accessed here: