Jul 05, 2018
Stress really gets to some people. When I was young(er) I thrived on it. Stress got me through the day. Then I got married, kids, mortgage, and now....well, stress has a way of changing your perspective.
So, what stresses you out? According to the Internet, there a number of things that stress people, such as:
|1. Death of a spouse||100|
|3. Marital separation||65|
|5. Death of a close family member||63|
|6. Personal injury or illness||53|
|8. Dismissal from work||47|
|9. Marital reconciliation||45|
|11. Change in health of family member||44|
|13. Sexual difficulties||39|
|14. Gain a new family member||39|
|15. Business readjusment||39|
|16. Change in financial state||38|
|17. Change in frequency of arguments||35|
|18. Major mortgage||32|
|19. Foreclosure of mortgage or loan||30|
|20. Change in responsibilities at work||29|
|21. Child leaving home||29|
|22. Trouble with in-laws||29|
|23. Outstanding personal achievement||28|
|24. Spouse starts or stops work||26|
|25. Begin or end school||26|
|26. Change in living conditions||25|
|27. Revision of personal habits||24|
|28. Trouble with boss||23|
|29. Change in working hours or conditions||20|
|30. Change in residence||20|
What is interesting is that a change in residence isn't higher on this list. I mean we get people in our library almost daily who are being evicted and are on the verge of a mental breakdown!
Take the young lady who came in the other day. Seems she was in section 8 housing. Seems the house in which she was renting a room had been forclosed and the new owner had giving notice to everyone that they wanted everyone (as in yesterday).
Young lady was now in the library visibly freeking out and wanted to know her rights as they related to whether a new owner could just kick her out. Normally in situation dealing with landlord tenant stuff, I would suggest people take a look at:
- California Practice Guide: Landlord Tenant (TR)
- California Eviction Defense Manual (CEB)
- California Tenant's Rights (Nolo Press)
- California Forms of Pleading and Practice (Lexis; Vol 29).
The problem is that this is a forclosure issue and section 8 housing. See, the other day enacted and POTUS Trump signed a bill relating to section 304 of Public Law No. 115-174 effectively reviving the Protecting Tenants at Foreclosure Act, Public Law No. 111-22.
Essentially what Public Law No. 115-174 says is that in the event of a foreclosure, tenants can remain in their units for the remainder of their leases despite the building’s foreclosure, unless the buyer at the foreclosure sale intends to occupy the unit as a primary residence. All tenants including those without leases (I suspect this refers those who hold a sublease) have a right to 90 days’ notice before eviction.
The problem here is that since the new owner, apparently, did intend to occupy the house as their primary residence, everyone had to move out. Well, in 90 days they all had to move out. Young lady was livid and unconsolable. So I suggested she curl up with a good book and read up on the subject in Foreclosures and Mortgage Servicing (NCLS; paying particular attention to § 220.127.116.11).
Not a happy camper was young lady but sometimes that's the way things go. Sometimes you're the nutcracker, sometimes the nut. Best you can do is find out your rights in a situation and go from there. Good thing, then, that there are county law libraries (and, by extension, county law Librarians) who are about that can help you find out what you need to know.
Bret is a Legal Research & Instructional Services Librarian at our Main Library.