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Category: Real Estate

Categories
Real Estate

Lawyer for Landlord Tenants Dispute: 5 Reasons to File A Claim

Need A Lawyer for A Landlord Dispute? Here Are 5 Questions to Ask

If you aren’t able to resolve a dispute with your landlord or tenant, you may need to consider hiring a lawyer for landlord tenants dispute.

Today, we’re taking a closer look at five reasons to hire a lawyer for landlord tenants dispute.

Lawyer for Landlord Tenants Dispute

Are you facing a landlord-tenant dispute?

Most renters sign leases in good faith, and landlords grant leases in good faith. But sometimes things go awry. There are many different scenarios where you as a renter may take issue with some aspect of your lease arrangement.

But sometimes things go awry.

There are many different scenarios where you as a renter may take issue with some aspect of your lease arrangement.

Fortunately, there are attorneys who specialize in real estate landlord tenant disputes.

Is that the answer?

Here are some examples of questions you may be forced to ask your landlord for clarification in a suddenly challenging situation. If your landlord doesn’t provide a clear answer, it’s time to find an attorney.

1. Your Application was Declined without Reason

It is illegal for a landlord to reject your rental application for discriminatory reasons. Federal law prohibits discrimination on such grounds as race, color, religion, national origin, age, sex, physical or mental disability, and even family status (not allowing children or not allowing women who are pregnant).

In addition, state and local laws prohibit discrimination based on marital status or sexual orientation.

There are other laws in effect as well including Federal housing laws. A landlord may not tell you an apartment is not available when, in fact, it is.

A landlord may not use a different set of rules for anyone in one of the protected classes listed above. For example, the landlord may not provide different services or facilities, handle late payments differently, or require a larger deposit.

Your landlord may say no pets allowed. But if you have a service animal like a seeing-eye dog or a dog, or one that helps you move around and is needed due to physical or mental disability, you have a legal right to have that animal live with you regardless of pet limitations. If your landlord objects, he is violating federal law.

You may be rejected due to poor credit from a legitimate credit reporting agency. But if the source is something else, your landlord must tell you the negative rating came from “another source.”

Within 60 days of being given that rating, you can request in writing disclosure of that negative information, and the landlord must respond with the nature of the information – in a reasonable amount of time.

2. Visiting the Property without Notice

Your landlord must give you advance notice before sending any maintenance personnel to your apartment. Similarly, the landlord must give you advance notice before coming into your apartment for any other reason like inspection or to show the apartment to a potential tenant.

The amount of advance notice varies from state to state but is usually 24 hours. Check with your landlord for any written policies considering this topic.

The only exception to the rule for advance notice is in the event of a true emergency like fire or flood – possibly when water pipes burst, etc.

Your lease may require you to report maintenance situations like a leaking refrigerator or plumbing, so you should be aware of any written requirements in your lease to reduce possible charges against your security deposit.

3. Failing to Maintain the Property

A landlord must maintain the habitability of her apartments. She must maintain the premises so they are clean and safe. There should be no holes in the floor or places where someone might trip and fall.

There should be no filth that could become a health hazard. You can watch for peeling paint or other signs that there may be lead present.

Heaters and air conditioners, as well as other appliances, do break from time to time. A heater may break in the dead of winter. The landlord should make repairs as soon as possible to maintain health and safety.

If repairs are not made to maintain adequate living conditions, you have choices. You can move out and stop making rental payments or stay and defend against possible eviction. Either choice has risks; you should consult a real estate attorney before deciding.

4. Breaching the Contract Agreement

Actually, it is legal, as long as the landlord notifies you of the changes. The rules need to be reasonable and fair. They should be clearly stated. If you feel that the changes affect your original lease in some significant way, you should notify your landlord in writing within 30 days.

The landlord should not use the changes to avoid his responsibilities under the law to his tenants.

5. Turning Utilities Off

It is illegal for a landlord to lock out a tenant or turn off her utilities. And before a landlord can evict you, she must go to court. If the landlord does try to evict you illegally, you may be able to collect damages and stay in the apartment or house. If you are given eviction papers, you should get an attorney and respond to the eviction notice within 10 days. If you do not, a magistrate can issue an eviction order.

There are some conditions that would warrant eviction. Committing a crime in the apartment or house is one example. Even being charged with a crime but not yet convicted can lead to eviction. You cannot allow anyone else to use the property for illegal purposes.

But if you are a law-abiding citizen, and you have been paying your rent on time and taking good care of the premises, there is a good chance you should not be evicted. If given such a notice, consult an attorney.

Questions to ask before you sign a lease to keep you out of legal trouble.

  • How long is the lease? It could be month-to-month or longer term, like 6 months or more. Make sure you are ready to make the commitment to the lease terms.
  • When do payments become late and what is the late fee? You want to make sure that you receive fair treatment (and are treated the same as other tenants). Also, ask when and how payments are made (assuming they are on time).
  • Which, if any, utilities are included? Find out if water and electricity are included as well as other energy sources, along with Internet and cable. If these are not covered, be prepared to add to your monthly expenses.
  • Are there any other fees required? Check into possible parking costs, storage, use of the pool or other amenities like gym or workout
  • What is the process for maintenance requests? Ask about how maintenance is handled – what forms need to be filled out, etc. Ask how emergencies are handled.Also, check on how inspections are handled and how much notice you will be given before a maintenance person will be coming to your apartment.
  • You should ask about personal options and restrictions as well. How are you allowed to personalize your apartment – hanging pictures on the walls or installing a satellite dish, etc.? Can you have pets?
  • Is there a quiet time? You may get stuck next to neighbors who like to party or stay up late watching TV that might be louder than you like.
  • Ask about visitors. Can you have someone stay with you for a few nights if they need to?

Any of these situations can cause you a lot of anxiety and personal distress. There are financial, moral and ethical factors that could affect the outcomes. When faced with these situations, a qualified attorney can help. The best way to find the right one is through a certified local attorney referral service.

Categories
Real Estate

California Tenant Rights: Your Security Deposit

Last updated May 26, 2017.

When you rent an apartment in Southern California, the landlord will typically ask you for a “security deposit.” It’s a chunk of change they keep on hand for the duration of your lease and they’ll use it to pay for repairs if you damage anything. Otherwise, they return it to you after you move out. If you’ve ever rented an apartment, however, you know that it’s not always that simple — landlords often try to find ways to keep your deposit after you move.

So how do you make sure you get treated fairly? Here’s what you need to know about California tenant rights and your security deposit.

How much security can a landlord demand?

In some states, landlords can demand as much of a security deposit as they want. In California, there are limits. According to California landlord-tenant laws, your landlord can ask you for up to 2 months’ rent for an unfurnished apartment or up to 3 months’ rent for a furnished apartment. If you have a waterbed, they can ask you for an extra half of a month’s rent. Cal. Civ. Code § 1950.5(c).

What can my landlord use the security deposit for?

In theory, security deposits are meant to protect the landlord’s property and make sure that there’s enough cash to cover any necessary repairs after you move out. Under California tenant rights law, your landlord can use your security deposit to cover any “damage to the premises, exclusive of ordinary wear and tear.” Cal. Civ. Code § 1950.2. If you had a party and broke a window, for example, your landlord could use your security deposit to pay to replace the window. On the other hand, your deposit shouldn’t be used to pay for standard building upkeep, like a worn-down roof that needs to be replaced.

The security deposit may also be used to cover the cost of getting the apartment as clean as it was when you moved in or for unpaid rent (including if you broke the lease without giving appropriate notice or reasons).

How do I get my California security deposit back?

Once you or the landlord decide to terminate the lease, you can request that the landlord perform an initial inspection of your unit to check for damage. That inspection will happen during the last 2 weeks that you’re in the unit. The landlord will point out any issues so that you have the chance to fix them rather than having the repair costs deducted from your security deposit. You’ll get an itemized list of everything the landlord intends to pull from the security deposit. Cal. Civ. Code § 1950.5(f).

Within 21 days after you move out, your landlord must sent you the remainder of your security deposit along with an itemized statement of any deductions for repairs or other costs. You’re also entitled to a copy of any bills or invoices for those repairs so that you can verify the costs. If the repairs are going to take more than 21 days, your landlord can put a good faith estimate of the costs and then send you actual receipts with 14 days of completion of the repairs.

The only exception is if the total deductions were less than $125 — your landlord doesn’t have to send you copies of the bills and invoices for the repairs unless you specifically ask for them within 14 days after getting your deposit back. Cal. Civ. Code § 1950.5(g).

What if I don’t get my money back?

If your landlord doesn’t return the remainder of your security deposit (and the list of deductions, if necessary) within 21 days after you move out, the landlord forfeits the right to the security deposit. In other words, California tenant rights law says you get the whole deposit back, even if repairs were needed. Granberry v. Islay Investments (1995) 9 Cal.4th 738, 745 [38 Cal.Rptr.2d 650, 653]. 

However, it may be tough to get your landlord to comply with that law. Portman and Brown, California Tenants’ Rights, page 235-236 (NOLO Press 2010). You may send a letter to your landlord requesting the return of your deposit; it may have been nothing but an administrative oversight. If that doesn’t work, you may consider consulting a local agency to help you work with your landlord to come to a reasonable accommodation.

You also can sue your landlord in small claims court for the return of your deposit. Your landlord may countersue and claim part of the deposit to pay for repairs or other allowable expenses.

What if I disagree with my landlord?

If you believe your landlord charged you for something inappropriate, you should bring it up as soon as you get your deposit back. You may call your landlord right away, but you should follow it up with a letter asking for a refund of the amount you think is appropriate. Send it by certified mail so you have proof that the landlord received the letter. If your landlord doesn’t send the refund, you may try to negotiate a compromise that is acceptable to both parties. If that doesn’t work, you can sue in small claims court for a refund.

See also: California Tenant Rights: What to Do After Water Damage

Know Your California Tenant Rights

Landlords hold a lot of power over tenants, but California tenant rights law protect you and your security deposit. Rent is costly enough without losing your deposit, too. If you believe your landlord kept more of your security deposit than is allowed by law, you may want to consider taking legal action to get your money back. We can connect you with a local landlord-tenant attorney to explain your rights and options and help you protect your security deposit.

 

Categories
Real Estate

Breaking A Lease: When Can I Do It?

A lease is a contract between you and your landlord. You agree to pay a certain amount of rent and comply with certain terms. In return, the landlord agrees to let you live in the apartment or house. Most leases are for a specific term – usually a year or two. That means you’ve signed a contract to keep paying rent and obeying the lease terms for that amount of time. But what happens if you need or want to move early? When is breaking a lease an option?

Breaking A Lease For Personal Reasons

Maybe you got a new job and need to relocate. Maybe you want to move in with a roommate or a significant other. Maybe you can’t afford the rent anymore or got a raise and want to move to a bigger place. There are plenty of reasons you might want to leave your current home without finishing out your lease. However, you signed a contract agreeing to pay the rent for the full lease term. What are your options?

You could simply move your stuff out and stop paying. However, that’s the worst way to handle it – your landlord can sue you for the rent that you would have paid over the rest of the lease. If the landlord gets a judgment against you, you may be facing wage garnishment and other collection actions to pay the rest of the lease. This lawsuit will also be reported to the credit bureaus, meaning your credit score will take a hit and future potential landlords will be able to see it on your record, making it harder for you to rent a home in the future.

Instead, talk to your landlord. Many landlords are willing to let you move out early as long as you or the landlord find a suitable replacement tenant – one that meets all of the landlord’s criteria. If your landlord isn’t willing to let you move out early, you still have options for breaking a lease.

First, you can find a subletter. You’re still on the lease, meaning you’re still ultimately responsible, but the subletter pays the rent and lives in the apartment so you can move elsewhere. You can also “assign” the lease, meaning you pass the lease on to another renter. However, you’re still liable if that person doesn’t pay. Check the terms of your lease – most of them require you to get the landlord’s approval before subletting and you’ll definitely need approval for assignment.

Some landlords will fight you over subletter approval. However, California law requires a landlord to mitigate the damages when a tenant is breaking a lease. In other words, they can’t refuse a reasonable replacement and expect to sue you for the full value of the lease. That means accepting a reasonable replacement tenant so as to not lose the rent money. You’ll still be on the hook for any money that the landlord does lose, such as fees for finding and vetting a replacement or rent for months that the apartment went empty, but you won’t have to pay the full rent for the rest of your lease. That said, you may have to go to court in order to argue that the landlord should have accepted your alternatives, which is a time-consuming and expensive process. It’s better to work with your landlord to find a solution that works for both of you.

Breaking A Lease For Other Reasons

Convenience and expense aren’t the only reasons for breaking a lease. California law also recognizes 4 situations in which breaking a lease is allowed without the tenant having to pay for the rest of the lease term.

1. Starting Active Military Duty

It wouldn’t make much sense to hold soldiers responsible for their leases when they get called to active duty. So, federal law gives you the right to break the lease if you get called up. War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § 535(b). You’ll have to give your landlord written notice that you’re terminating the lease to go on active duty and the lease will automatically terminate 30 days after the next time you have to pay rent.

Note that this only applies if you’re going to be on active duty for more than 90 days.

2. Domestic Violence, Elder Abuse, Sexual Assault, Or Stalking

Breaking a lease is allowed under California law if you’ve been the victim of domestic violence, elder abuse, sexual assault, or stalking. Cal. Civ. Code § 1946.7. You’ll need to give your landlord notice and attach a copy of a temporary restraining order, emergency protective order, or protective order. You’ll also need to provide a copy of a police report stating that you are allegedly the victim of assault, abuse, stalking, or violence. Finally, you’ll need to provide a statement from a qualified third party that says you’re seeking help for the abuse or violence – that means a case worker or some other professional with knowledge of your situation.

3. Health And Safety Violations

Your landlord has to provide you with habitable housing and a major violation of that is grounds for breaking a lease. For example, you could be left without water or with a hole in the roof. The apartment would be unlivable and a court would find that the landlord had “constructively evicted” you, meaning you would no longer be on the hook for the rest of the lease. Cal. Civ. Code § 1941.1.

In order to take advantage of this rule, you’ll need to notify your landlord in writing of the problem. If it’s not fixed within a reasonable amount of time, you can pay for the repairs yourself if they cost less than one month’s rent and then deduct that amount from your next rent payment. If the repairs are going to cost more than a month’s rent, you can leave the apartment and you’re no longer liable for the rest of the lease. Cal. Civ. Code § 1942. A “reasonable amount of time” may vary depending on the severity of the health and safety issue, but 30 days is the maximum. Once 30 days have passed since you gave your landlord notice, you can either repair the issue or leave and you’re definitely covered by the law. If it’s been less than 30 days, you may need to hire a lawyer to defend your decision and show that the time you waited was reasonable.

4. Privacy Violations

Under California law, your landlord must give you at least 24 hours’ notice before entering your home and 48 hours’ notice before performing a move-out inspection. Cal. Civ. Code § 1954. If your landlord violates these rules or does other things that invade your privacy (removing doors and windows, changing locks, etc.), you’ll be considered “constructively evicted” as you would with a health and safety violation. Again, you may need to hire a lawyer to defend your decision to move out.

The Bottom Line

Breaking a lease may be desirable or necessary for a number of reasons. Whatever your reason, you should keep a complete written record of your communications with your landlord as well as documentation of any problems that arise. If you want to move out, you should talk to your landlord first to see if you can work something out amicably. If you can’t, however, you may need to hire a lawyer to ensure that your rights are respected and help you avoid paying for the remainder of your lease.

If you’re struggling with landlord and tenant issues and would like to speak to an attorney, we can help. Our Attorney Referral Service can match you with an experienced landlord/tenant lawyer in your area.

 

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