Page 48 - AAGLA 2020-11
P. 48

 Multifamily News
Judicial Council Requires New Unlawful Detainer (Eviction)
Court Forms
On October 2, 2020, the Judicial Council of California adopted new forms in response to the passage of Assembly Bill 3088, “The COVID-19 Tenant Relief Act” and the Centers for Disease Control and Prevention’s Eviction Moratorium Order. In addition to new information required in the court’s Answer Form which tenants can file in response to an unlawful detainer summons, the Judicial Council created the “Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations-Unlawful Detainer” form which must be filed in every unlawful detainer case.
This new “Plaintiff’s Mandator Cover Sheet and
Supplemental Allegations-Unlawful Detainer” form
requests four (4) pages of additional information
that landlords must provide, including details about
the receipt of State or Federal tenant declarations
of financial hardship due to COVID-19, service of
mandatory disclosures (which all tenants who did not
pay full rent between March 1, 2020 and August 31,
2020 were supposed to have received by September
30, 2020 under Assembly Bill 3088), and details regarding the mortgage on the property and dates of any loan forbearance agreements. This new form must be verified by the landlord and filed along with any Summons and Complaint or any other request for Court action, such as requests for default judgements or trials.
“Just Kidding” - The Beer Run
A landlord was enjoying a Sunday afternoon with family about 100 miles away from home when his cell phone rang disturbing his afternoon. He recognized the number, which was a tenant. Answering the phone, his tenant explained that he had locked himself out of his apartment.
Because it was Sunday, there was no one at the landlord’s office to handle the situation, so he told the tenant he would just have to wait since the landlord was a few hours away from being able to let the tenant in.
Hours passed, and when the landlord finally returned and arrived at the building, he saw the tenant sitting on the steps in front of his apartment with his head down in his hands, looking forlorn. As the landlord arrived, the tenant brightened up and jumped to his feet. The tenant said to the landlord: “Thank goodness you’re here... I’ve been waiting for like three hours... I locked myself out when I went to the store for some beer... I’m really sorry to bother you especially on a Sunday... I was getting nervous that you wouldn’t come... I don’t know what I would do if I can’t get into my room... I was getting scared.”
The tenant continued his explaining until he and the landlord reached his apartment. The landlord just looked at the tenant as the tenant went on explaining, and just nodded. Finally, the landlord put the key into the lock and opened the door. Inside his room were two men watching the television. They turned toward the door and one of the men said, “Dude, where have you been? I’m thirsty!”

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