Tenants Guide to Getting Help From Third Party in Resolving Problems

by Property Management Software on August 19, 2010

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Tenant Guide Third Party Help Landlord

Tenant Guide Third Party Help Landlord

Many resources are available to help tenants and landlords resolve problems. Check which of the following agencies are available in your area, review their Web sites to determine if they can offer you assistance, or call or write them for information or assistance:

  • Local consumer protection agency. See the City and County Government listings in the white pages of the phone book.
  • Local housing agency. See the City and County Government listings in the white pages of the phone book.
  • Local district attorney’s office. See the County Government listings in the white pages of the phone book.
  • City or county rent control board. See the City and County Government listings in the white pages of the phone book.
  • Local tenant association, or rental housing or apartment association. Check the white (business) and Yellow Pages in the phone book.
  • Local tenant information and assistance resources.
  • Local dispute resolution program.
  • You can also visit the Department of Consumer Affairs’ Web site at www.dca.ca.gov.

Many county bar associations offer lawyer referral services and volunteer attorney programs which can help a tenant locate a low-fee or free attorney. Legal aid organizations may provide eviction defense service to low-income tenants. Some law schools offer free advice and assistance through landlord-tenant clinics.

Tenants should be cautious about using so-called eviction defense clinics or bankruptcy clinics. While some of these clinics may be legitimate and provide good service, others are not legitimate. Some of these clinics may use high-pressure sales tactics, make false promises, obtain your signature on blank forms, take your money, and then do nothing.

These clinics may promise to get a federal stay (also called an automatic stay) of an eviction action. This usually means that the clinic intends to file a bankruptcy petition for the tenant. While this may stop the eviction temporarily, it can have an extremely bad effect on the tenant’s future ability to rent property or to obtain credit, since the bankruptcy will be part of the tenant’s credit record for as long as 10 years.

Unlawful detainer assistants (UDAs) are non-lawyers who are in business to provide advice and assistance to landlords and tenants on unlawful detainer issues. UDAs must be registered with the County Clerk’s office in the counties where they have their principal place of business and where they do business.346 A tenant who signs a contract with a UDA can cancel the contract within 24 hours after signing it.347

Legal document assistants (LDAs) are non- lawyers who type and file legal documents as directed by people who are representing themselves in legal matters. Similar registration and contract cancellation requirements apply to legal document assistants.348

The fact that a UDA or an LDA is properly registered with the County Clerk does not guarantee that the UDA or LDA has the knowledge or ability to help you.

346    Business and Professions Code Sections 6400-6415.

347    Business and Professions Code Section 6410(e). The contents of the unlawful detainer assistant’s contract are governed by regulation.See 16 California Code of Regulations Section 3890.

348    Business and Professions Code Sections 6400-6415. The contents of the legal document assistant’s contract for self-help services are governed by regulation. See 16 California Code of Regulation, Section 3950.

This is a blog post for Real Estate Professionals, Investors, Landlord, Property Manager, and Property Management Companies. Tenants Guide to Getting Help From Third Party in Resolving Problems is brought to you by SimplifyEm Pay Rent Online and Property Management Software

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