New Law Helps Tenants Facing Eviction

Thanks to a new state law that went into effect this year, tenants who face eviction proceedings initiated by their landlords have one less worry: their credit rating.

In the past, it was common for credit agencies to report pending eviction proceedings, called unlawful detainer actions, even before the case had gone to trial or had been dismissed.

Only proceedings that had been litigated and “won” by the tenant could not be reported.

The new law is a 180-degree switch, according to Ken Donney, supervising attorney for Bet Tzedek Legal Services, which initiated the legislation.

The bill was carried by Assemblyman Terry B. Friedman (D-Los Angeles), who ran Bet Tzedek before he was elected to the Legislature.

Now, only eviction proceedings that have been “won” by the landlord may be reported.

The mere existence of a pending lawsuit against a tenant may not appear on reports.

This is an example of a legal area in which legislation was needed to help tenants. But there are many things tenants can do for themselves. There is a whole book of good ideas in “Tenant’s Rights” by Myron Moskowitz and Ralph Warner (Nolo Press; (800) 992-6656).

One suggestion by these lawyers is to get all promises in writing.

Think of it this way: If you promised to do something, the landlord would want it in writing. Why not expect the same?

“Whatever promises the landlord makes, you should be aware that it is very common for this sort of vague, oral agreement to lead to misunderstanding, bitterness and financial loss,” they write. “The time to protect yourself is at the beginning.”

“If the landlord promises to clean, paint, build a deck, install a fence or reimburse you for material and work, . . . get (the promises) in writing, and include a date for completing the work.”

This doesn’t mean you need a long legal form, or a hostile confrontation. Just discuss the issues, and tell the landlord that you want to summarize your consensus on certain points in writing.

Write it down, simply, and then, to confirm it and to avoid any misunderstanding, ask the landlord to sign it. Most tenants act as their own lawyer when entering into a rental agreement, unless they happen to be leasing a 100,000-square-foot building, and even then some folks don’t consult a lawyer.

But even these self-help lawyer-authors note that their book “is not designed to replace an attorney. It is meant to give you a clear understanding of your rights and obligations and to help you decide whether you need one.”

Sort of like this column.

It’s reassuring to know that even the experts read this column.

We’ve received many friendly letters from attorneys, paralegals and others in the real estate business, pointing out an inadvertent error in our Dec. 19 column.

The column incorrectly stated that recent purchasers of a home will receive a deed of trust in the mail. It should have said a grant deed--the document that reflects the transfer of title.

The deed of trust is a document that reflects the interest of the lender in the property and is routinely delivered to the financial institution that provides the home loan.

Klein is an attorney and president of The Times Valley and Ventura County e ditions. Brown is professor of law emeritus at USC and chairman of the board for the National Center for Preventive Law. They cannot answer mail personally but will respond in this column to questions of general interest about law. Do not telephone. Write to Jeffrey S. Klein, The Times, 9211 Oakdale Ave. , Chatsworth, Calif. 91311.