California’s new law, AB 1513, will make it a felony to unlawfully possess the property of another, including refusal to leave another’s property after being requested to do so. This law should make it easier for landlords to evict tenants – after proper notification of course – and will also keep tenants on their toes when served with a notice of eviction.
The legal term for failure to vacate the premises is unlawful detainer. The language of the new law states the following:
160.5 A person who does either of the following is guilty of a felony punishable pursuant to subdivision (b) of Section 1170 of the Penal Code:
(a) Knowingly holds and occupies any residential property, owned or managed by another, by force or threats of violence.
(b)Â Knowingly enters residential property without the property ownerâ€™s express written permission and refuses or fails to leave the residential property after being requested to leave by the property owner or agent of the owner.
For more information on the bill you can click here. To learn more about the eviction process in California click here. Most importantly, if you are a tenant facing the possibility of an unlawful detainer action, I highly advise you to seek the advice of an attorney as early as possible.