AB 2312

Bill Subjects

Abstract

Under existing law, a tenant of real property, for a term less than life, or the executor or administrator of his or her estate, is guilty of unlawful detainer when he or she continues in possession of the property, in person or by subtenant, without the permission of his or her landlord, or the successor in estate of his or her landlord, after default in the payment of rent pursuant to the lease or agreement under which the property is held, as specified. If the defendant appears in an unlawful detainer action, existing law requires that the trial of the proceeding be held not later than the 20th day following the date that the request to set the time of the trial is made. If the trial is not held within that time, existing law requires the court, upon finding that there is a reasonable probability that the plaintiff will prevail, to determine the amount of damages, if any, to be suffered by the plaintiff by reason of the extension, and to issue an order requiring the defendant to pay that amount to the court as the rent would otherwise become due and payable for so long as the defendant remains in possession pending the termination of the action. This bill would, in an unlawful detainer action described above, require a defendant who is represented by an attorney to deliver rent funds, as defined, to his or her attorney each month after the summons and complaint have been filed, as specified, until the plaintiff regains possession of the property or the court enters judgment in favor of the defendant. The bill would also require the defendant's attorney to deposit the rent funds into a trust account and to send a letter confirming receipt of the rent funds to the plaintiff or plaintiff's counsel within 4 days of receipt of the rent funds. The bill would further require the defendant's attorney to release the rent funds as directed by the court or pursuant to a written agreement between the parties.