Rent:
1. Set aside: until you know who the owner is, set rent aside in a separate bank (escrow) account.
- Check out Sentinel's sample letter on how to inform your previous landlord that you will be saving your rent an an escrow account until you are contacted by the the new owner.
2. Rent Control: find out whether you are covered by rent control.
-The law says how much and when your landlord can raise your rent.
-If your building is covered, landlord can only raise rent once a year, and only by a specific amount approved by the Rent Board (generally a 2 -3 % cost of living increase).
Cash for Keys: carefully consider "Cash for keys" offers by new owner/bank
- Decide whether you want to move. If so, calculate the true cost of moving, including what market rents are, and get assistance to negotiate the best deal.
II. Management of Building
-New owner/bank is treated as any other landlord under the law: tell them (in writing) they must provide the same services as the former owner.
-New owner/bank should not substantially change terms of tenancy, e.g., stop providing utilities, make a large rent increase, etc.
-Utilities
1. You have a right to habitable premises (i.e. heat, water, no rats/roaches).
2. If utilities are cut off or no repairs are done, keep paying rent and get help immediately! You may be entitled to damages under California Civil Code Section 789.3 and inform the new owner or bank of your right fo file a suit in Small Claims Court.
3. You can apply for a rent decrease or rent credit for reduced housing services, code violations, or deteriorated housing conditions by petitioning the Rent Board. Call the Rent Board at (510) 238-3721.
III. Just Cause for Eviction
-You may be protected by Oakland's Just Cause Ordinance. If you are protected, the new owner/bank cannot evict you without just cause (good reason).
-Foreclosure alone is not "just cause".
-Check out Sentinel's sample letter on how to inform the new owner or bank of your right to stay in the unit under the Just Cause Ordinance.
-Not every unit in Oakland is protected by the Just Cause Ordinance. Check with the Oakland Rent Adjustment Program to make sure your property is covered by "Just Cause": http://www.oaklandnet.com/government/hcd/rentboard/docs/justcauseinfo2008.pdf
-If your unit is not protected by "Just Cause", you are still entitled to a minimum of thirty days notice to vacate. If you are served a notice to vacate that is less than thirty days, write a letter to the new owner or bank on your right to a proper eviction notice.
-New owner/bank might try to evict you by not providing their contact information, sending "agents" or "brokers" to coerce you to move, or by providing less services (e.g., no utilities). When in doubt - GET HELP! Call the Rent Board at (510) 238-3721.
-To evict you, the landlord must follow specific legal rules for the eviction notice and the eviction lawsuit, called an "unlawful detainer." Get legal assistance immediately if you receive an eviction notice.
Resources:
- If facing eviction, seek assistance immediately! Contact:
| East Bay Community Law Center
2921 Adeline St., Berkeley, CA 94703
(510) 548-4040
|
Centro Legal De La Raza
2501 International Blvd., Oakland, CA 94601
(510) 437-1554
|
| Eviction Defense Center
1611 Telegraph Ave., Oakland, CA 94612
(510) 452-4541
|
Bay Area Legal Aid
405 14th St, 11tth Fl., Oakland, CA 94612
(510) 250-5270
|
If you receive a CASH FOR KEYS OFFER, know your rights and seek assistance to negotiate.
If you are a victim of a predatory loan, you can contact HERA at (510) 271-8443 for help.
The Oakland City Attorney’s office has a new hotline number for Oakland residents to call with their foreclosure concerns: (510) BE-ALERT / (510) 232-5378.
If you experience a rent increase or decrease in services, Contact:
Oakland Residential Rent Adjustment Program
250 Frank H. Ogawa Plaza., Ste 5313, Oakland, CA 94612
(510) 238-3721
PROTOCOL: BANK OWNERS OF RENTAL HOUSING
I. During/After Foreclosure
- Notify tenants of change in ownership within reasonable time (30 days)
- Include:
- Identity of new owner and contact information (name, address, phone)
- Identity of agents, brokers, or realtors working on owner's behalf and their contact information
- Person for tenants to contact for maintenance, repairs, etc.
- Payee name and address for tenants to send rent
Ascertain whether the property is inhabited: send person physically to property to determine who resides there.
- Comply with covenant of good faith and fair dealing mandated by California law.
- Collect rent when tendered by tenants and provide receipt.
- Inhabited properties: ensure utilities and building amenities remain in service so tenants have water, heat, etc.
- Uninhabited properties: ensure the building is secure and does not become blighted or illegally inhabited.
- Do not use egregious rent increases as an eviction technique.
- Brokers/Realtors/Agents
- Must identify selves (and relation to bank) and provide contact information when dealing with tenants. Must provide proof of authorization to act on behalf of bank, and proof of property ownership by bank to tenants.
- Must not harass tenants with repeated contact at residence.
- Requests for access to unit must be for a valid reason and following 24-hour written notice to tenants.
- Cash for keys
- Cash offers to tenants to move out must comply with Just Cause and Rent Control ordinances and not use threatening language.
- Just Cause: tenants must be given written information about Oakland's Just Cause for Eviction ordinance, and the Residential Rent Program; evictions must only be sought in good faith.
- Exercise due diligence to determine if building has tenants, and whether they are protected under Just Cause and Rent Control ordinances.
- Do not use eviction threats when owner knows or reasonably should know tenants are protected by Just Cause and Rent Control.
- Proper notice of an eviction proceeding against tenant must be given.
- Proper procedures for bringing any unlawful detainer action must be followed.
[1]This is a brief summary of best practices and some applicable law. For complete information consult your local housing rights services or an attorney.
