Stay Safe and Housed this Holiday Season

[versión en español]

The holiday season is one of the “high seasons” for harassment and evictions. As businesses, political offices, and legal services shutter and neighbors turn inwards, landlords sometimes act out. 

Unfortunately, free legal services will also be unavailable from December 23 to January 5th. The good news is that My Eden Voice is here for you. 

Below are some resources that can help you navigate any sticky situations that may arise. 

We can also help! If you have any questions, concerns, or want support, contact the Captain on call for that day (see schedule here). We can lend an ear, think through a problem with you, and share some resources to help resolve the issue you are facing. 

Resources:

Eviction is a formal legal process. Your landlord can not just tell you that you need to move out tomorrow or next week, nor can they just lock you out of your apartment. They need to follow a specific process that begins with a written notice.

• Learn more: https://www.ac-housingsecure.org/evictions. 

• If your landlord threatens you with eviction verbally, by text or by email, document the instance in writing or save a copy of the text or email, and you do not need to move out. If you are concerned for your safety, leave the home temporarily if you can. 

• What can you do if you are illegally locked out?

  • Call the police. The landlord is guilty of violating California Penal Code Section 418 and is liable for arrest. 

  • Write a letter to your landlord stating that you are aware of your rights as a tenant, that they are in clear violation of the law, and that you want the situation remedied with no further harassment. Mail the letter with proof mailing and keep a copy of the letter; it will be good evidence if you have to take the landlord to court later (or if they try to take you to court).

If you receive a written notice, you still do not need to move out unless you want to. This written notice does NOT mean you have been evicted, nor does it mean that you will be. This only means that your landlord is planning to initiate an eviction case, and opportunities to defend yourself or make a deal are forthcoming. At this point, you can do what the notice says (i.e. pay rent) or wait for the landlord to file the eviction lawsuit. If you do not act on the written notice, the landlord can file an eviction lawsuit. Soon after, you will receive an unlawful detainer. 

• Learn more: https://www.ac-housingsecure.org/evictions 

Receiving an unlawful detainer does NOT mean you have been evicted, nor does it mean that you will be. But, it does mean that now you need to take action and submit your “answer”. The answer is an opportunity to tell your side of the story. It is important that you get your paperwork in on time.

The answer can be completed in one or two steps. 

• STEP 1 - MANDATORY: You have 5 days to complete and file an “Answer”. The most important thing at this stage is to get the paperwork in on time. If you are not sure what to put, you can file a “general denial”. The AC Housing Secure website has a sample of a Self-Help General Answer packet you can use to complete the paperwork at this stage. 

  • https://www.ac-housingsecure.org/evictions 

• If you want to add more detail and defense to your answer, you can pursue step 2.

• STEP 2 - OPTIONAL: You have 10 days (including weekends) to file an Amended Answer with more information. 

• There are two resources that can help you complete this paperwork: 

  • AC Housing Secure Self Help Tool: https://www.ac-housingsecure.org/help-tool 

  • Tenant Power Toolkit: https://tenantpowertoolkit.org/

Landlords have an obligation to provide safe, habitable living conditions (CA Civil Code 1941.1 and 1942.3). Additionally, they cannot shut off critical services like water, heat, gas, electricity, refrigeration, elevator service, and telephone.

• For Repairs & Rodent Needs:

  • File a complaint with Code Forcement.

  • Call Vector Control at 510-567-6800 or file a complaint.

  • Talk to other neighbors to learn more about how widespread the issue is and who is affected and write a letter from multiple neighbors citing the common issue and the solutions needed.

• For Utility Shutoffs: 

• Write a letter to your landlord telling them the shut off is illegal and requesting that they turn your service back on.

• Contact PG&E at 1-877-660-6789. They are obligated to provide service to master metered, multi-unit, residential buildings when a public health or building officer certifies that the termination would result in a significant threat to the health or safety of the occupants or the public. (CA Public Utilities Code Sections 777.1(e)(5)).

Landlords can not use your immigration status against you. The Immigration Act passed in 2019 makes it illegal for your landlord to disclose or threaten to disclose your immigration status in order to coerce, harass or intimidate your, or otherwise disrupt your quiet enjoyment of your home.

• Write a letter to your landlord citing the Immigration Act and asking them to cease all harassment. You can request that any concerns they have about your tenancy be put in writing and mailed to your address.

Documentation is KEY. Any texts, emails, verbal threats, utility shut offs, notices or other paperwork should be organized in a folder or notebook.

Our Captains are here to help you navigate these resources and think through what solutions would work for you in the short and long term. View our holiday schedule here to contact us today!