Can I Cancel My Lease Early? OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19 UC SAN DIEGO STUDENT LEGAL SERVICES
Disclaimers Yes, we are attorneys, but we are not your attorneys , and this webinar does not create an attorney-client relationship with us. We are licensed to practice law in California and have based the following on California and U.S. Federal law. This webinar is informational in nature. It does not constitute legal advice and should not be relied upon as such. You should consult with an attorney regarding your particular factual or legal circumstances. JON CARLOS SENOUR AND MARY ANAN STUDENT LEGAL SERVICES STAFF ATTORNEYS OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
No New or Proposed Legislation at This Time California Governor Gavin Newsom has used his executive authority to MARCH 23, 2020 alleviate some financial concerns for Californians, but none so far have been designed to address tenants impacted by COVID-19. OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
Current Developments Impacting San Diego Tenants UNLAWFUL SMALL CLAIMS FEDERAL OR SAN DIEGO POTENTIAL DETAINER COURT COURT STATE- STAY ON RELIEF FOR MANDATED EVICTIONS? MORTGAGE As of March 17, 2020 the As of March 17, 2020: STAY ON HOLDERS San Diego Superior All Small Claims City Council will be EVICTIONS? Court suspended all filings are voting on a new Relief packages "Unlawful Detainer" suspended ordinance in the proposed by None (so far.) actions, except for ones All Small Claims "coming weeks" that Congress seem to where the landlord is matters will be will halt evictions but universally have relief claiming they need rescheduled. will not relieve for mortgage holders. "emergency relief." tenants of Fingers crossed it *through 4/3/2020 *through 4/3/2020 requirements to pay trickles down to rent. (Mayor's Press tenants? Release 3/17/2020) OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
BREACHING A LEASE 101 BEST STRATEGY? PAY RENT TO THE END LANDLORD DUTY TO Though no law requires you to MITIGATE If you sign a fixed-term / year-long help find a replacement tenant if lease, you are promising, and are you move out, it is generally a However, a landlord has a duty to thus legally obligated, to make good idea if it means your unit "mitigate" ( i.e. , reduce/alleviate) monthly rent payments for the full gets a replacement tenant ASAP. any financial harm they suffer. year. Full stop. Also, the lease contract may specifically require it. OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
INFORMAL RESOLUTION A mutual agreement between you, your landlord, and your roommates to terminate your lease. POTENTIAL LEASE ACCOMMODATIONS REQUESTS UNDER DISABILITY LAW CANCELLATION Primarily for those who may be personally physically impacted by COVID-19. OPTIONS CONTRACT LAW DEFENSES Circumstances where contracts may no longer be enforceable. OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
Informal Resolution The parties to a contract are always free to attempt to end the contract and/or reach a new agreement. In the landlord-tenant context, this means that as long as a landlord and tenant(s) agree to something different than what is contained in the lease, it may be a binding modification. A new agreement upon which everybody agrees is always a preferable outcome to relying on the law or the courts to resolve a dispute. Most leases require that any changes to it be made "in writing", and many require that changes be made in writing and signed by both/all parties; be sure to comply with these requirements. OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
CALM, PROFESSIONAL, AND ASSERTIVE Be mindful of your own tone in all communications. Maintain a neutral, calm tone. Assert what you need without being demeaning or rude. Please note: feelings of anger, frustration, fear, and confusion are completely normal. As a strategy for success, try not to channel any of those frustrations towards your landlord. RESOLUTION STRATEGIES PAPER TRAIL, PAPER RELYING ON TRUSTED INFORMAL TRAIL, PAPER TRAIL! THIRD PARTIES' ADVICE While there is no law requiring your Get all communications in writing. landlord to negotiate with you, feel "Writings" include social media free to utilize any public safety and/or messages, texts, emails, etc. "Screen advocacy group messaging while shot" is your best friend! communicating with your landlord. Examples: CDC recommendations, CA However, do not attempt to video or Governor recommendations, CA audio record someone without their Apartment Association press releases, consent - that's a crime in California! etc. OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
"Reasonable Accommodations" WHO MAY EXERCISE THIS OPTION? Only persons with Requests under disabilities as defined by law. Disability Laws POSSIBLE BARRIERS Landlords may not know the law and may not know their obligations and limitations. COMPLAINTS AND ENFORCEMENT State and federal agencies may investigate and, if appropriate, sue your landlord. OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
California state law prohibits discrimination by sellers, landlords, and those who provide housing- related services. Housing policies, practices, terms, and conditions must allow people with disabilities equal access to apartments, houses, condos, and other dwellings. Where necessary, reasonable accommodations in housing rules, policies, practices, or services are required to allow people with disabilities equal opportunity to use and enjoy dwellings. OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
2 CCR § 11065 (d) “Disability” shall be broadly construed to mean and include any of the following definitions: (1) “Mental disability,” as defined at Government Code section 12926 (2) “Physical disability,” as defined at Government Code section 12926 (3) A “special education” disability is any other recognized health impairment or mental or psychological disorder not described in section 11065(d) of this article, that requires or has required in the past special education or related services. (4) A “record or history of disability” includes previously having, or being misclassified as having, a record or history of a mental or physical disability or California special education health impairment of which the employer or other covered entity is aware. (5) A “perceived disability” means being “regarded as,” “perceived as” or “treated as” having a disability. (6) A “perceived potential disability” includes being regarded, perceived, or Definition of treated by the employer or other covered entity as having, or having had, a physical or mental disease, disorder, condition or cosmetic disfigurement, anatomical loss, adverse genetic information or special education disability that has no present disabling effect, but may become a mental or physical disability or "Disability" special education disability. (7) “Medical condition” is a term specifically defined at Government Code section 12926, to mean either:(A) any cancer-related physical or mental health impairment from a diagnosis, record or history of cancer; or(B) a “genetic characteristic,” as defined at Government Code section 12926. (8) A “Disability” is also any definition of “disability” used in the federal Americans Hint: It's much broader than the Federal definition. with Disabilities Act of 1990 (ADA) (9) “Disability” does not include... conditions that are mild, which do not limit a major life activity, as determined on a case-by-case basis. These excluded conditions have little or no residual effects, such as the common cold; seasonal or common influenza; ... OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
GROUNDS FOR DENYING ACCOMMODATION REQUESTS "WOULD IMPOSE AN "WOULD FUNDAMENTALLY UNDUE FINANCIAL AND ALTER THE NATURE OF THE "NO DISABILITY" ADMINISTRATIVE BURDEN HOUSING PROVIDER’S ON THE HOUSING PROGRAM" PROVIDER" OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
BE CREATIVE & OPEN-MINDED What other options could you propose that will achieve the same outcome? Are you willing to concede in any area or meet your landlord part way? Remember that an acceptable outcome may not look like your ideal STRATEGIES outcome. COOPERATE DURING THE Disability laws assume you are negotiating in good faith and are trying to come to a resolution. Evidence of you not returning phone calls, "INTERACTIVE resorting to name-calling, or otherwise being unreasonable in communicating may indicate your unwillingness to engage in the "interactive process." PROCESS" COMPARE! What have other landlords done for tenants in our community? Or for other similarly-situated tenants? What public guidance is being offered by any local political or university leaders? OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
Is the Landlord Still Violating Disability CALIFORNIA DEPARTMENT OFFICE OF FAIR HOUSING OF FAIR EMPLOYMENT AND Laws? AND EQUAL OPPORTUNITY HOUSING hud.gov dfeh.ca.gov OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
Contract Law Defenses to Avoid Enforcing a Lease OPTIONS FOR CALIFORNIA TENANTS IMPACTED BY COVID-19
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