AB 698

This bill generally provides that a residential tenant has the right to counsel

at public expense in an eviction action.

The bill provides that, in a residential eviction action, a statutory notice must

be attached to the summons informing the tenant that the tenant has the right to

have counsel provided at public expense, and, if service is made by publication, the

statutory notice also must by published. If a tenant contacts the clerk of court to

request the appointment of counsel, files an answer without the assistance of

counsel, or appears in court without counsel on the return date of the summons, the

bill requires the court or circuit court commissioner to inquire of the tenant whether

the tenant waives counsel, and, if the tenant does not waive counsel, the court or

commissioner must appoint counsel and stay the proceedings. Under the bill, such

a stay generally remains in effect until counsel is appointed for the tenant, and the

tenant is entitled to continued possession or occupancy of the premises while the stay

remains in effect. If a tenant is entitled to counsel under the bill, the court may

appoint counsel for the tenant or refer the tenant to the State Public Defender, which

must appoint counsel without a determination of indigency.

The bill also requires that residential rental agreements include a notice of the

tenant's right to counsel in eviction cases, and requires that landlords providing

notice of residential tenant eviction must include in such notice information about

how the tenant has the right to counsel in an eviction action. The required language

of these notices is included in the bill.