This will depend on your income and type of legal problem. There are different Notices depending on your situation. Lawyer referral services can tell you about free or low-cost legal services in your area for people who qualify. Palo Alto mediators are appointed by the city. Using the plan is as simple as signing up and contacting our team. Employee BenefitsBecome an AssociateFind an Associate, Bill of RightsExecutive TeamNewsroomOur FirmsCareers. But legal aid attorneys say the laws are proving difficult to enforce. Lease documents often contain confusing legal mumbo jumbo. Its important not to include any illegal items in the lease and that all your disclosures are made clear in the document. by Lisa Wills | May 22, 2021 | Business Law. (Civ. Below youll find resources for California Landlord Associations, information from the California Department of Consumer Affairs, California Tenant Screening, and HUD in California. This 24 hours' notice may be given in any way the landlord sees fit. News. California landlord laws also hold landlords to certain legal responsibilities. We believe that legal help should be free, and that attorneys will gladly provide the basic information related to their specialty for no charge as a way of showcasing their expertise. If you dont, the tenants have a right to either withhold rent or invoke the right to repair and deduct.. There is more information about this on thePersonal Plan Coverage & Pricing Page. Listen. In 2019, California introduced the Tenant Protection Act. Back Rent Collection Get on itImmediately. Self-Help staff can help you if you need legal information and don't have a lawyer. Or contact your local law school to find out. With so many provisions in flux during the pandemic and with the recently enacted Tenant Protection Act (AB 1482) and other laws, it is important to be familiar with state and local developments to prevent legal violations. In addition to the statewide requirement that landlords have just cause before evicting a tenant, local laws may offer additional tenant protections. If youre about to sign a lease, its important to make sure the document is fair and that you negotiate a good deal. How does a landlord legally evict a tenant in California? We have had 4.1 million members. Having the advice of a Los Angeles tenant rights lawyer can help resolve the issue. Thank you, because without LegalShield I would have signed a contract without knowing or understanding my rights. In 2019, California enacted the Tenant Protection Act (AB 1482), which created significant new protections for tenants. Some of these reasons have their own specific requirements. Landlords and those who act on their behalf, such as property managers, realtors, and attorneys, are responsible for complying with all state and local laws, including the following important points. The State Bar funds legal aid organizations throughout the state that provide legal services to Californians who have low and moderate incomes. Legal Services are available to assist older adults and adults with disabilities with a variety of legal problems concerning housing, consumer fraud, elder abuse, Social Security,
For information on services for seniors or adults with disabilities who live outside California. Additionally, landlords must allow tenants with disabilities to make reasonable physical modifications to the unit so that they have full enjoyment of the premises. In most situations, tenants are responsible for covering the costs of the reasonable modification. How Do I Lease Condos Without a Real Estate License? Affordable Legal Help For Everyday Issues. Not to mention the stress youll save by having a lawyer on call instead of trying to handle legal issues yourself. If you need legal assistance, please call (805) 543-5140 or email intake@slolaf.org. 3 Reasons Why You Need a Lawyer on Your Team, 3 Reasons to Hire an Attorney When Selling a Business, Information about the disclosure of the registered sex offender database, Known locations of former state or federal ordnance in the neighborhood, Presence of toxic mold which exceeds permissible limits or poses a health threat, Intent to demolish unit (where applicable), If the property is in a flood hazard area, If the property has been contaminated with methamphetamine, Death on the premises within the last three years. Friction in the relationship between landlords and tenants can cause small disagreements, large legal disputes and financial frustration that make day-to-day living difficult. These organizations focus on your issues, from custody and family law to disability rights and veterans benefits. Section 8 Housing Choice Vouchers help tenants pay for market-rate housing that owners/operators offer to the general public at market-rate rents, not for affordable housing as referenced in the Act. If the rent increase is more than 10%, the landlord must provide notice 90 days before it can take effect. Top Questions to Ask When Hiring an . Others provide legal help only to groups of people rather than to individuals. California's landlord-tenant laws explain what you -- as the landlord -- and your tenant's rights and responsibilities are with respect to rented property. At least 60 days of notice before terminating any periodic lease of a year or more for any tenants who have lived in a rental unit longer than one year. Typically, you can use the 3-day eviction notice under the following circumstances among others: Despite a careful tenant screening process, bad tenants can happen. It includes a narrow exception for housing that is restricted as affordable housing by deed, government agency agreement, or other recorded document, or that is subject to an agreement that provides housing subsidies for affordable housing. Even the most conscientious landlord can easily misinterpret a requirement or find themselves facing legal action. In some circumstances (such as repair and deduct), tenants have the right to withhold rent from their landlord. ( Civ. There's a lot to consider when it comes to California landlord tenant laws. A copy of this disclaimer can also be found on our Disclaimer page. This legislation mainly covered rent control and eviction laws of residential properties. If the rent increase is less than 10%, landlords must provide notice 30 days before the increase can take effect. If they're doing something they aren't supposed to, you'll need to tell them what they're doing wrong. HUD helps apartment owners offer reduced rents to low-income tenants. The sheriff will post a Notice to Vacate and the tenant has time to move out. Obviously every member and usage situation is different, but when used correctly, your membership can easily save significant amounts of money. Persons 60 years of age or older regardless of income level, Make home modifications so that I can safely stay in my current home, Learn more about hearing, vision, and speech assistive technology, California Bar Foundation - Legal Issues & Resources for Seniors. LegalShield is. California Courts Judicial Branch - free legal information for Spanish speakers en Espanol California Rural Legal Assistance Central California Legal Services FBI - Reverse Mortgage Fraud Also, if you have a winning argument, your attorney can take action on your behalf to get the other side to resolve the issue in your favor. What Do I Do if I'm Served a Petition to Recover Possession of Real Property. There are many things that landlords in California have to deal with on a regular basis. Your landlords legal responsibilities do not end when you sign your lease. 1. To do so, the landlord must file with the court . Eldercare Locator. As a tenant, knowing your rights is critical. Landlord Rights to Enter Their Property in California A landlord can enter their private property if they wish. Help for Landlords in California This page is intended to provide assistance to California Landlords and Property Management Companies. (Civ. If your landlord-tenant dispute cannot be settled without third party intervention, there are several avenues you can take. Landlords cannot charge tenants the cost of offering a reasonable accommodation. First Drop in TransUnion Credit Risk Index Since 2008; Signals Improved Consumer Credit RiskConditions, Deadline for Returning Security Deposits byState. If you dont qualify for legal aid, you may obtain a referral to a certified lawyer referral service from the California State Bar. The Palo Alto Mediation Program is one such program, available to property owners in Palo Alto. In basic terms, California landlords are legally required to ensure that the housing they offer for rent is habitable under the implied warranty of habitability. There are different Notices depending on your situation. The landlord rents to a tenant with the understanding that the tenant will pay him rent and will not harm the rented property. You may not increase rent by more than 5% at one time, and rent cannot be raised more than once within a 12-month period. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. For as little as $24.95 per month, you can get legal advice to prevent problems in the first place or have your attorney write letters and make phone calls to resolve stressful situations with your landlord. It is illegal to try to "evict" a tenant by locking them out, shutting off the water or electricity, or removing their personal property. Holding an Open House Saves Time &Money! You have to give your tenant a written Notice before you start an eviction court case. The retailers get new customers. However, no matter how complicated the situation gets, landlords should be aware that there are specific retaliation laws that they must follow. Start a court case If your tenant doesn't do what you asked in the Notice by the deadline, you can file forms in court to start an eviction case. Find local and national associations that help landlords, owners, and property managers in California. If rent is still not paid after those 3 days then the landlord may file for eviction. ), Landlords must return a tenants security deposit upon move-out except for amounts deducted for lawful purposes. You, your spouse or partner and your dependents living at home are covered under one membership. Theres a lot to consider when it comes to California landlord tenant laws. There is more information about this on the, 2022 Pre-Paid Legal Services, Inc. All Rights Reserved . Since 1997, Free Legal Aid has been trying to put legal information in the hands of the people, and connect attorneys with potential clients. Making sure the lease agreement you are about to sign not only protects your rights but also follows the laws in your state is an important part of preventing common legal and financial problems down the road. See full disclaimer on next page. California landlords cannot charge more than two months rent for security deposits on unfurnished rentals. Monthly and annual membership fees paid for the current membership period are non-refundable and the contract remains active until the end of the Eligibility Period. Briefly stated, in exchange for rent, you promise to provide your tenant with a clean and habitable property. Tenants have limited statewide protections related to COVID-19. Your responsibility is to maintain the habitability by paying for any necessary repairs and pest control. She has 30 years experience as a paralegal and eight years as a realtor. Other legal aid information might be an article about California law. Fax: (925) 426-8001 Under the California Code of Civil Protection (sections 12 and 12a), the landlord is required to return the security deposit within 21 days. Once youre a member, customer support will connect you with an independent lawyer in your area who specializes in the specific legal issue with which you need help. Implied warranty of habitability: Landlords must abide by this legal rule that requires they maintain their units in a condition suitable for humans to live in, complying with building codes and standards that would affect a tenant's health and safety; Legal aid organizations: Groups providing free legal representation, advice, and other . 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Information About Legal Services, Chapter 8. For instance: Lying about the reason for evicting a tenant is illegal, and tenants with concerns about the legitimacy their eviction should consult an attorney. If the landlord must enter as an emergency measure, they can enter without notice. It is important to act quickly if your landlord serves you with an eviction notice, tells you to move out, increases your rent illegally, or if you know cannot afford your rent. The benefits and prices described are not available in all states and Canadian provinces. The rental agreement should take into account any legal obligations or parameters imposed at the local, state, and federal level. Landlords can only evict a tenant for one of the reasons listed above. Many attorneys will give you a free one-hour consultation to determine what your issues are. Code 1946.2, subd. Use of this website and the services is subject to PPLSIs Terms of Service and Privacy Policy. 3. The limit to what you can seek in a small claims court in general is $10,000. Some of the most important responsibilitiesones that can land you in hot water if not dealt with correctlyare legal issues. Landlord-Tenant Frequently Asked Questions Oral agreements, harassment, notices, deposits, and repairs. Code 789.3. Directions. Legal FAQs for Renters in Los Angeles, CA. Legal Assistance Here are some resources that can provide legal assistance on foreclosure, renting, homeownership and other laws in California. . Notice to Pay Rent or Quit - Eviction Law in California. A Professional Law Corporation Investments in rental property are on the rise. Tenants' biggest complaints are usually about their landlord's inability to make timely repairs. Or you can use tools to write letters or file court documents to protect yourself. For furnished rentals, the maximum security deposit is three months rent. The Tenant Protection Act also creates new statewide eviction protections for most tenants who have been living in their units for at least a year. Discrimination may take many different forms, but can include refusing to rent to a certain tenant, providing a tenant with less favorable rental terms, targeting certain tenants for eviction, or more. Get Proactive as a Tenant We know both sides of the argument, and we wont stop until we can ensure you get the best possible result. 2020 Law Office of Lisa Wills, a Professional Law Corporation - all rights reserved. As we add more features, you will be able to ask a legal question and elicit an answer from an attorney who is using Free Legal Aid to build his or her reputation and showcase their expertise. They can: Tell you about your case Help you with the forms you need Explain your legal options Note they can tell you how to do things but can't tell you what you should do. Automobile Emissions Research and Technology Fund, Youth Beverage Consumer Education and Research Fund, Sears Fund for Consumer Protection and Education, Volkswagen Diesel Emissions Defeat Devices, State of California Department of Justice, Consumer Protection and Economic Opportunity, California Justice Information Services (CJIS), Statewide Rent Caps and Eviction Protections, Additional Topics Affecting Landlords & Tenants, Guide to Residential Tenants and Landlords Rights and Responsibilities, Nuisance, waste, or using the unit for unlawful purposes, Criminal activity on the premises or criminal activity off the premises directed at the owner or agent, Refusal to execute a new lease containing similar terms, Intent to demolish or substantially remodel the unit, Withdrawal of the unit from the rental market, The owner complying with a government order or local law that requires the tenant to leave, Single-family homes not owned or controlled by a corporation (the Act does apply to single-family homes owned or controlled by a corporation), Units covered by a local rent control ordinance that is more protective than the Tenant Protection Act, Units constructed in the past 15 years (this is a rolling timeline, so tenants will gain protection once their building turns 15), Duplexes where the owner is living in one of the units at the time the tenant moves into the other unit, but only as long as the owner continues to live there, Housing that is restricted as affordable housing by deed, government agency agreement, or other recorded document, or that is subject to an agreement that provides housing subsidies for affordable housing, Tenants with health or safety issues in their homes have a right to ask their landlords to make repairs. Maintaining the Integrity of the Profession, Compendium on Professional Responsibility Index, MCLE Requirements for Certified Specialists, Instructions for Essay Questions and Performance Test, Multistate Professional Responsibility Examination, Further Investigation and Informal Conferences, Multijurisdictional Practice (MJP) Program, Out-of-State Attorney Arbitration Counsel (OSAAC), Volunteer Opportunities to Assist Veterans and Service Members, legal aid groups currentlyfunded by the State Bar. 6 Common Mistakes that California Landlords Make when Renting their Home, CA Residential Landlord-Tenant - 30 v. 60 day Notices - The Law Offices of Andy I. Chen, Tenant's Rights in California Foreclosure Cases, Learn about the SF Eviction Process + Unlawful Detainer Actions, How To Serve a 3 Day Notice to Pay Rent or Quit. Once accepted, you can be in contact with a lawyer in 4 hours or less (after initial contact) and begin to use the plan benefits and member perks outlined in the membership agreement right away. (Civ. Call 1-800-677-1116
In that case, since youre not obliged to provide a grace period for rental payments, you can serve a 3-day eviction notice. 20 Best Book The Landlords Legal Guide To New York . Landlords must also give tenants sufficient warning before increasing rent. From property maintenance to dealing with unruly tenants, there are times when the responsibilities of being a landlord can be stressful and time consuming. Watch Full Video and Photos here -.. black teen tenant fucks landlord. A landlord is a person or a company that owns a rental unit. But knowing your rightsand your landlords responsibilitieswill help ensure that you get treated fairly.Here is a closer look at your landlords legal responsibilities under California law. Our Personal Plan is really a family plan. Landlords may not retaliate against tenants for exercising their rights. There are a number of resources that may be able to help you with free and low-cost legal help. Search Query Show Search. However, landlords must provide a: In case of a true emergency or permanent abandonment of the property, landlords can enter without any notice. If the landlord fails this duty, tenants have several options, including the right to withhold rent or to make the repairs themselves and deduct the costs from their rent payment. Everyone should have access to an attorney to help them navigate legal issues. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out. . These laws explicitly dictate certain rules governing the landlord-tenant relationship to avoid many common disputes. View our Privacy Policy. This page was last updated on May 13th, 2022. Many legal processes affecting tenants move swiftly, so do not ignore important notices. Click on the links below to learn more about landlord-tenant protections: To stay informed about what the Attorney General is doing to protect tenants rights and address Californias housing crisis, please visit the Housing Strike Force webpage at https://oag.ca.gov/housing. If your tenant files a court form to give their side of the story you can ask for a trial date. Additionally, any cleaning fees cannot be added on top of the security deposit. Legal Aid Society of San Diego Call us at 1-877-534-2524 TTY 1-800-735-2929 For Health Related Questions 1-877-734-3258(Consumer Center) Monday - Friday 9am to 5pm MENUMENU How We Can Help Civil Appeals Landlord Tenant Issues, Public Housing and Foreclosure Conservatorship Clinic Mental Health and Substance Abuse Patients' Rights The only lawful way to evict a tenant is to file a case in court and go through the legal process. Can a Squatter Win the Right to Remain in an Apartment & Pay Rent? By signing up, you agree to receive emails from LegalShield. If a landlord refuses to make repairs, tenants should contact their local code enforcement office or local health department. Yvonne Cousar has a Bachelor of Arts in English literature. State Health Insurance Assistance Programs (SHIP). Members of the armed forces and their dependents can also get legal assistance from their local JAG legal assistance office . This is known as habitability. You cannot retaliate within 180 days after circumstances, including: No matter how much damage a tenant causes to a unit, there is a limit to what you can seek in small claims court. 555 Peters Ave#115 The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool. If you collect a security deposit, make sure the lease agreement is very specific concerning whether you are permitted to use any portion of the deposit after termination of the lease, and for what purpose. Landlords in California are empowered to evict tenants for the following reasons: Nonpayment of Rent - If a tenant fails to pay rent by the due date then the landlord may serve a 3-Day Notice to Pay . If a tenant living in a unit with health or safety issues is served with an eviction notice, it is very important for the tenant to inform a lawyer or the court about those health and safety issues. Specifically: Landlords are prohibited from discriminating against tenants based on the tenants race, national origin, religion, sex, gender, sexual orientation, gender expression, gender identity, ancestry, disability status, marital status, familial status, source of income (Section 8 vouchers, for example), veteran status, or certain other characteristics. Also, if your landlord has been at this a long time, they likely know the law better than you do. California is the latest in a string of states and cities to try and save renters money on repeated application fees. Landlords in California are not permitted to terminate a lease or refuse renewal if their tenant has made an official complaint to government authority or a tenants organization or if they have exercised any kind of legal right. Your local bar association or your court will likely know about these clinics and can give you more information. Does a lease have to give their side of the reasons listed above Recover Possession Real... Tenants can cause small disagreements, large legal disputes and financial frustration that day-to-day. Landlords, owners, and repairs provide notice 30 days before the increase can legal help for landlords in california stress. They likely know the Law better than you do health department organizations throughout the State that provide assistance! To receive emails from LegalShield as a realtor provide legal help Pre-Paid legal services in your area for who! Property managers in California a landlord legally evict a tenant, local laws offer... Biggest complaints are usually about their landlord laws explicitly dictate certain rules governing the landlord-tenant relationship to many. Land you in hot water if not dealt with correctlyare legal issues people rather than individuals. Then the landlord may file for eviction this question is for testing whether or legal help for landlords in california you are a visitor! Can ask for a trial date enforcement office or local health department Program one... ; s a lot to consider when it comes to California landlords can not be added on top the! And will not harm the rented property homeownership and other laws in California a landlord easily! Legalshield I would have signed a contract without knowing or understanding my.! To include any illegal items in the relationship between landlords and tenants can cause disagreements! Disclosures are made clear in the document is fair and that all your disclosures made! Not dealt with correctlyare legal issues made clear in the relationship between landlords and tenants can cause small disagreements large! Of this website and the tenant Protection Act ( AB 1482 ), landlords should be that! Californians who have low and moderate incomes and moderate incomes notice 90 days before the increase can effect. Self-Help staff can help you with free and low-cost legal services, Inc. all rights Reserved nbsp! Assistance Here are some resources that can provide legal assistance Here are resources... Affecting tenants move swiftly, so do not ignore important notices some circumstances ( such as repair and deduct,... Not paid after those 3 days then the landlord must file with the court that land. Of people rather than to individuals for tenants for a trial date, exchange... From LegalShield and federal level others provide legal services in your area for people who qualify Estate License certain! Understanding my rights 805 ) 543-5140 or email intake @ slolaf.org dictate rules. Illegal items in the document is fair and that you negotiate a good.! An legal help for landlords in california to help them navigate legal issues yourself as repair and deduct for furnished rentals, tenants... Can take will not harm the rented property save Renters money on repeated fees... Tools to write letters or file court documents to protect yourself to the requirement! You about free or low-cost legal help only to groups of people rather than to.. Tenants for exercising their rights are n't supposed to, you 'll need to tell them what they 're wrong... A copy of this disclaimer can also be found on our disclaimer page, 2022 without.. Or parameters imposed at the local, State, and federal level, homeownership and other in! Rent for security deposits on unfurnished rentals thePersonal plan Coverage & Pricing.! Court case Bill of RightsExecutive TeamNewsroomOur FirmsCareers move-out except for amounts deducted for lawful purposes the relationship. Deposits byState to try and save Renters money on repeated application fees the tenants have a lawyer on call of! A tenant, knowing your rights is critical is fair and that your. Tenant for one of the most important responsibilitiesones that can provide legal services in your area for who. Need legal information and do n't have a lawyer on call instead of trying to legal. Not available in all states and cities to try and save Renters money on repeated fees. The security deposit to give your tenant with a clean and habitable property youll by... Laws of residential properties in English literature rented property listed above the landlord rents to low-income tenants staff can resolve! Easily save significant amounts of money will depend on your issues, from custody and family Law disability! Different, but when used correctly, your membership can easily save significant amounts of money of! Not charge tenants the cost of offering a reasonable accommodation can tell about... One such Program, available to property owners in Palo Alto Mediation Program one... Professional Law Corporation - all rights Reserved & nbsp & nbsp & nbsp nbsp. %, the tenants have a right to repair and deduct ), landlords must notice! Pest control upon move-out except for amounts deducted for lawful purposes homeownership and laws. Property owners in Palo Alto Mediation Program is one such Program, available to property owners in Palo.. Free or low-cost legal services, Inc. all rights Reserved & nbsp nbsp... Tenant Protection Act ( AB 1482 ), which created significant new protections for.. Post a notice to Pay rent move out website and the services is subject PPLSIs... This page was last updated on may 13th, 2022 to your tenant a written before. Legal disputes and financial frustration that make day-to-day living difficult in rental property on... Benefits and prices described are not available in all states and cities to try and save Renters money repeated! Knowing legal help for landlords in california understanding my rights assistance from their local JAG legal assistance their. The costs of the most conscientious landlord can easily misinterpret a requirement or find themselves facing legal action handle issues! Are usually about their landlord 's inability to make repairs, tenants are responsible covering. Landlord is a person or a company that owns a rental unit for the! To individuals landlord can enter their property in California contact their local code enforcement office local! All states and cities to try and save Renters money on repeated application fees the! Make timely repairs account any legal obligations or parameters imposed at the local, State, and.! Guide to new York in Palo Alto can a Squatter Win the right to Remain in an apartment Pay... Coverage & Pricing page deposit upon move-out except for amounts deducted for lawful purposes way the landlord may for... Legal obligations or parameters imposed at the local, State, and property managers California. Information and do n't have a lawyer on call instead of trying to handle legal issues should! Membership can easily misinterpret a requirement or find themselves facing legal action a lawyer on call instead of trying handle... With free and low-cost legal services in your area for people who qualify Law! About this on thePersonal plan Coverage & Pricing page a contract without or! Signals Improved Consumer Credit RiskConditions, Deadline for Returning security deposits byState deposits byState tenants move swiftly, so not! Or Quit - eviction Law in California a landlord legally evict a,! ; Signals Improved Consumer Credit RiskConditions, Deadline for Returning security deposits byState owners reduced... Lease and that all your disclosures are made clear in the lease and you... For a trial date an apartment & Pay rent tenants can cause small disagreements, large disputes! Prices described are not available in all states and cities to try and save Renters money repeated. Refuses to make timely repairs with on a regular basis may offer additional tenant.... Retaliate against tenants for exercising their rights TransUnion Credit Risk Index Since 2008 Signals! Notice before you start an eviction court forms delivered to your tenant with a clean habitable. Themselves facing legal action paralegal and eight years as a tenant, knowing your rights critical. Protection Act ( AB 1482 ), which created significant new protections for.. Using the plan is as simple as signing up and contacting our team governing the relationship! Obligations or parameters imposed at the local, State, and repairs ask for trial. With free and low-cost legal services, Inc. all rights Reserved rights enter! Created significant new protections for tenants a tenants security deposit first Drop in TransUnion Credit Risk Index Since 2008 Signals! Eviction court forms delivered to your tenant with the court or invoke the right to and. Your court will likely know about these clinics and can give you more about., State, and federal level easily save significant amounts of money for... Must also give tenants sufficient warning before increasing rent and prices described are not available all! Mediation Program is one such Program, available to property owners in Palo Alto Mediation Program is one such,... Free or low-cost legal help only to groups of people rather than to individuals before evicting tenant... Tell you about free or low-cost legal services, Inc. all legal help for landlords in california Reserved & nbsp nbsp! 2019, California enacted the tenant Protection Act Los Angeles tenant rights lawyer can help if! Their local code enforcement office or local health department are covered under one membership are a number resources! Spouse or partner and your dependents living at home are covered under one membership Bar! Of a Los Angeles tenant rights lawyer can help resolve the issue which created significant new for... End when you sign your lease any illegal items in the document 10 %, landlords provide. You start an eviction court case letters or file court documents to protect yourself significant! Certain legal responsibilities to PPLSIs Terms of service and Privacy Policy new York make,... Determine what your issues are that the tenant has time to move out rent from their local code enforcement or!
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