Tag: Landlord Tenant Disputes

If you’re struggling to understand how to get out of a lease without penalty, then this guide can help you. It also includes the importance of finding legal assistance.

Read further on.

If you’ve been evicted from your home for whatever reason, and feel the need to learn about how long evictions stay on your record, then read this detailed overview that explains everything.

This includes why seeking legal assistance can be beneficial when it comes to these matters. Read further.

What happens if you’re unable to pay your rent due to the pandemic? We all have questions about the impact and the possibility of getting evicted.

Luckily, your guide to the updated California eviction process is right here.

During these uncertain times, your home is meant to be your safe haven. So what if you’re unfortunately asking yourself, how to sue my landlord for unsafe living conditions?

Read more on how to properly approach this problem.

If you rent property in California, there are a few things your landlord must do in order to abide by the law. If you feel like your landlord is behaving inappropriately, you may be able to take legal action. Here are the five things your landlord must do in California.

Things Your Landlord Must Do in California

As a tenant in California, you have rights – and the landlords you rent from have certain responsibilities, too. Most of these are outlined in the California Tenant’s Guide. But while the guide is helpful, it can also be confusing and difficult to interpret, which can leave tenants struggling to find the truth.

We want to help.

This post will help you identify the five most common things your landlord must do in plain English – no legalese involved.

Here are 5 things your landlord must do.

1. Avoid Discrimination

This is one of those issues that sounds like it should be common sense at first glance. After all, isn’t discrimination illegal?

If you’ve thought this, you’d be correct – but there have been instances where landlords have subtly or openly discriminated against tenants, prospective or otherwise. This is obviously not okay.

A landlord may advertise their property for “seniors only,” or they may refuse to rent to someone with children or someone on government benefits. Or, they might look for fraudulent ways to evict someone after discovering they belong to a certain religion. All of these examples fall under the same laws – and they are all illegal.

Both California state law and the Fair Housing Act legislate discrimination within the landlord-tenant relationship. The FEHA prevents discrimination on the basis of any protected class specifically, while state laws protect against discrimination on the basis of personal traits, sexuality, gender identity, and even whether or not you receive income assistance.

If you believe a landlord discriminated against you, know that you have rights and several options for recourse. You may be able to file a complaint against them or even sue them if you can prove the discrimination happened.

2. Follow Legal Guidelines for Rent

Landlords must adhere to these guidelines at all times – they can’t simply “make up their own rules” or try to nickel and dime you into the ground. And they cannot evict you for being a day or two late, no matter how much they threaten you.

California has strict guidelines around rent. In most areas, this includes the definition of “late rent,” how much the landlord can charge you for late-payments and/or bounced checks, and when a landlord can evict you for failing to pay. It also includes adhering to rent controls (laws that dictate the maximum rent a landlord can charge).

Here are a few examples.

• If you bounce a check, your landlord can charge you – but they may only charge $25 the first time. They may charge up to $35 for each additional bounced check afterward.
• If you fail to pay the rent, the landlord must give you three days to pay it in full before initiating eviction. If they make other arrangements with you (for example, half now and half in two weeks), they must adhere to them.
• If you still fail to pay the rent, and/or your rent is more than three days past due, the landlord can evict you. However, they must give you a total of 30 days’ notice to quit – 60 days if your rent total has been raised by more than 10 percent in the last year.
• Landlords cannot increase your rent to punish you or out of retaliation for a complaint. For example, your landlord cannot increase your rent after you file a complaint about your apartment being filled with mold.
• In the case of rent controls, landlords may only raise your rent by a total of 5 percent each year. This is a new rule as of October 2019.

There may be other rent guidelines that apply to your situation, especially if you live in a mobile home or rent in a duplex or small unit building. A lawyer can best help you navigate this complex system.

3. Maintain a Habitable Unit

As a tenant, you have a responsibility to keep your rental unit clean, neat, and orderly. However, your landlord is responsible for keeping the unit habitable as according to the implied warranty of habitability.

What does this mean, exactly?

The landlord must complete any necessary maintenance tasks, repairs, and measures of upkeep in a regular and timely manner. This includes resolving any issues that might put your health at risk, such as a mold infestation or the spread of bed bugs from another unit in the building.

If a landlord fails in their duty of care, here, you have the right to repair and/or maintain the unit yourself out of pocket – and you can withhold the amount of rent you spend, too.

There is one catch: the repair has to be urgent and/or impactful, and you must have granted the landlord a reasonable amount of time to take action. For example, you probably can’t withhold rent to replace a worn-out piece of carpet. You can pay a plumber to repair a broken toilet if your landlord refuses to fix it and/or cannot be reached for some reason.

Unfortunately, issues of habitability often go much further than simple fixes. If you have been affected in a way that puts your health at risk, you also have the right to report and request an assessment from the Department of Health.

Further reading:

• How to Report a Landlord to the Health Department
• How to Report Your Landlord for Negligence
• Can You Sue Your Landlord for Black Mold?

4. Provide You With a Legal Lease

Landlords must provide you with an official and legal lease at all times – there are no exceptions to this rule. It does not matter if you are renting for six months, a year, or on a month-to-month basis; you must be provided with a lease that both of you sign.

Furthermore, the lease must contain specific information as outlined by state and federal laws. This includes the names of both parties,  expected start and/or end dates for the tenancy, whether any rules apply, how much rent is being charged, when the rent is due, and whether or not the rent includes amenities, like storage or parking space.

Not sure if your landlord provided you with a legal lease? Have a look at this copy from the Apartment Owner’s Association (AOA). While the format may differ, your lease should contain all of the same basic information.

What if your landlord hasn’t provided you with any lease at all? This is an issue, too, as it leaves you with very little legal recourse if something goes wrong. A lawyer can help you decide whether it’s best to leave or try and push for one while protecting your rights along the way.

5. Respect Your Privacy

Landlords must respect your privacy at all times – they can’t simply walk into your rental space and/or enter your rented property as they please. And they can’t go through your things or take your belongings, even if you owe them rent or they believe you have something to hide.

Instead, all landlords must give you at least 24 hours notice – in writing – to tenants when they want to enter the unit. They do have the right to enter for inspections, reviews, repairs, maintenance, etc. as long as they follow this rule. If your landlord fails to follow the rules, you can refuse entry.

You can ask that your landlord reschedule a visit or entry for another time if you won’t be home. However, the law does not require them to agree as long as they gave an appropriate amount of notice in the first place; they can go in even if you aren’t there.

As for landlords who go through your belongings or attempt to seize your items as payment, they can be charged with theft or even breaking and entering. In fact, a landlord can even be held responsible if someone else steals your belongings because they neglected a security issue – such as failing to fix a faulty lock.

Further reading:

• Can a Tenant Refuse Entry to Landlord in California

Conclusion

Now that you know the five things your landlord must do, you can make a more informed decision regarding whether or not you should pursue legal action. If you’re not, be sure to contact the SFVBA Attorney Referral Service to find a lawyer near you and schedule a free consultation for up to 30 minutes.

If you rent a house or apartment and feel your landlord is behaving in a negligent manner, you may be able to take legal action. Landlord-tenant disputes can last for years so it’s best to take action sooner than later. Here’s how to report your landlord for negligence as well as when and why you should.

How to Report Your Landlord for Negligence

In California, landlords must adhere to all guidelines and processes outlined in the document California Tenants—A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities. These rules ensure the rights of both tenants and landlords are respected and preserved at all times.

A landlord’s biggest obligation under state tenancy laws is the duty to keep properties safe, clean, fit, and habitable. This includes taking care of any maintenance issues and/or emergent problems (e.g., insect infestations or mold), providing uninterrupted access to services included in your lease, and treating you with respect.

For a variety of reasons, landlords sometimes fail in their duty of care or behave in a negligent manner. If this happens to you, and you experience some type of loss or harm as a result, you may have the right to file a complaint or sue them in civil court.

Here’s how to report your landlord for negligence.

Defining Landlord Negligence

In legal terms, negligence is any behavior or action taken without proper consideration and care that results in harm to one or more persons. This may be willful (a landlord physically assaults you) or by omission (a landlord fails to maintain electrical work, resulting in a fire that leaves you with severe burns).

The easiest way to determine whether or not your landlord has behaved in a negligent manner is to ask yourself the following four questions:

• Is there an existing landlord-tenant relationship (e.g., do you have a lease or proof that the individual is your landlord?)
• Did the landlord somehow violate guidelines set out under the California Tenants Guide?
• Did their action or inaction directly result in some type of harm to you or someone else in the situation (e.g., a child)?
• Is it reasonable to expect that other upstanding landlords would not have engaged in similar behaviors (or lack thereof)?

If you can answer yes to even one of these questions, you probably have a case for negligence. Still, it is important to note that not every situation automatically qualifies for this designation. This is why it’s always best to speak with a lawyer first.

Related: 10 Reasons to Sue Your Landlord for Negligence

Common Examples of Negligence

Within the scope of landlord-tenant relationships, some forms of negligence are far more common than others. We’ve outlined a few of these here to help you learn how to recognize potential red flags.

Failure to Maintain Habitable Status

This form of negligence occurs when landlords fail to keep units safe and habitable. The most obvious example of this is when landlords fail to repair or maintain a property and/or any included utilities, such as running water. Mold, insect, and rodent infestations, as well as structural problems, usually fall under this category.

Related: Can You Sue Your Landlord for Black Mold?

Discrimination

It is illegal for landlords to engage in any form of discrimination outlined within the Federal Fair Housing Act. In the scope of an existing landlord-tenant relationship, this may manifest as a landlord illegally evicting someone after discovering that they belong to a certain faith or are of a specific race. This also includes using slurs or engaging in hate attacks.

Creating Illegal Lease Clauses

Landlords cannot create clauses within a lease that violate tenancy laws in order to circumvent their responsibilities. For example, a landlord cannot put in a clause that states you agree to waive their duty to make repairs or that you allow them to evict you with no notice.

The Landlord Did Not Disclose Hazards

This one ties in closely with habitability, but often involves issues that are far less obvious. For example, the landlord may intentionally neglect to inform you about asbestos, mold, or lead paint. This creates a situation where you unknowingly put your health and safety at risk.

Entering a Property Without Notice

Landlords must give at least 24 hours notice to enter your property unless there is a true emergency (e.g., a broken pipe must urgently be addressed). If they continually access your property without notice, this is considered negligence in the duty of care. You may have the right to break your lease as a result.

Related: Can a Tenant Refuse Entry to Landlord in California?

Stealing From a Tenant

Landlords do not have the right to keep your items, even if you are evicted and/or leave the property. Instead, they are required to hold your items for a certain period of time before disposing of them. If a landlord takes your items, moves them, damage them, or otherwise disposes of them before then, it is considered theft. You may have the right to file a complaint or even sue for compensation to cover the lost items.

Personal Injury Due to Landlord Negligence

This occurs when you are injured as a direct result of a landlord’s failure in their duty of care. This can happen within your rental unit (e.g., a poorly maintained balcony falling off of the side of the building) or somewhere else on the property (e.g. excessive levels of chlorine in the pool lead to serious burns). This does not include issues of your own making (e.g, you spill water in your apartment and slip on it, breaking your leg).

How and Where to File a Complaint

If you are certain you have a case, your next step should be to connect with an attorney who can help guide you on how to report your landlord for negligence. Going up against a business owner who likely has more than one lawyer on their side isn’t easy, and it is almost never wise to try and handle the situation on your own.

1. Notify Your Landlord

Your next step should be to inform your landlord of the problem in writing. Include a clear explanation of the problem, how it violates tenancy laws and/or puts your health and safety at risk, how you want it resolved, and how soon you expect them to finish the repairs or resolution. Allow at least 30 days for the correction unless the situation urgently requires attention (e.g., electrical and plumbing problems.

Have someone witness and sign the letter before you send it. This will become invaluable later on in court if you need to prove you asked for help.

2. Contact the Los Angeles Housing + Community Investment Department (HCIDLA)

If the issue for which you are seeking action involves habitability or risks to health and safety, the HCIDLA can help. They have the power to intervene by sending someone out to do an assessment and/or legally demanding a resolution.

Head over to this link and enter the property’s address. Note that the form also asks for an Assessor Parcel Number, or APN. If you don’t have this information, simply leave this section blank. Someone from HCIDLA will reach out to you to provide assistance within 24 hours.

3. Contact the County of Los Angeles Department of Public Health

If HCIDLA cannot help, or if the negligence stands to negatively affect the health and safety of multiple people, you may be able to take action by filing a complaint with Public Health. This is one of the best ways to deal with concerns such as green pools, sewage leaks, lack of access to water, trash accumulation and animal infestations (e.g, rats). Public Health also has the ability to send out an inspector and demand corrections or repairs on behalf of tenants.

If all else fails, and you find yourself suffering as a result of the landlord’s negligence, it may be time to file a lawsuit. Always remember that you have rights, including the right to seek compensation when you have been harmed. A tenancy lawyer can help you take your next steps with confidence.

Related: How to Report a Landlord to the Health Department

Conclusion

Now that you know how to report your landlord for negligence, you can now move forward with confidence. It’s important to record your efforts as you attempt to contact your landlord and resolve the situation, as this will help you build a strong case in your favor.

If you’re interested in filing a claim against your landlord, consider contacting a lawyer for help. An experienced tenant lawyer in Los Angeles will help you build your cases against your landlord, guide you through the legal process, and protect your interests.

Get started with a free 15-minute consultation today.

What are my rights as a tenant in California? If you rent an apartment or house in the state of California, you’ve likely asked yourself this question. In this article, we’re taking a closer look at tenants rights so you can navigate any landlord-tenant disputes with confidence.

What Are My Rights as a Tenant in California?

The state of California provides tenants rights in an effort to protect tenants from unfair landlord practices. Landlords must abide by California laws at all times.

These laws cover a wide range of topics, including everything from the application process to the return of your security deposit. It’s your responsibility to be familiar with these laws, hold your landlord accountable, and report violations to the authorities if necessary.

So, let’s get back to the question…

What are my rights as a tenant in California?

1. Tenant Application Fees

California landlords do have the right to charge you an application fee, but there are restrictions. The fee cannot be more than $35, and landlords may only charge it to recoup costs associated with the screening process (e.g., background check). If the landlord doesn’t incur charges, he cannot charge you the $35.

2. Security Deposits Limits

Security deposit regulations are set by the state. Deposits may not exceed a total of two months rent for unfurnished apartments and houses. If the property is furnished, the deposit expands up to three months of rent. If you happen to have a waterbed, the landlord also gains the right to add on an additional 1.5 months worth of rent. For example, someone in a furnished house with a waterbed who is paying $1000 for rent could be asked to pay a security deposit of $4500.

3. Pet Deposits

There are no specific guidelines for pet deposits in the state of California. This does mean landlords can set any deposit limit they want before accepting you. They cannot, however, suddenly raise the deposit without good reason later on.

4. California Security Deposit Returns

After you end a tenancy, landlords have no more than 21 days to return your deposit to you. This is, of course, assuming they don’t intend to try and keep your deposit for damages. Depending on where you live, the landlord may also be required to pay you any interest accumulated on your deposit over time.

5. Withholding Security Deposits

Landlords do have the right to withhold security deposits for damage. However, they must be able to prove the damages upon request. Generally, this starts with an inspection to create an itemized list of damages and costs. If the total value of the repairs is less than the total value of your damage deposit, they must return the difference to you within the same 21-day time period.

It is also worth mentioning that landlords cannot keep your deposit for everyday wear and tear – only for negligent damage. For example, a landlord could not keep a portion of your damage deposit for simple wear and tear from foot traffic on the carpet. They could, however, keep your damage deposit if you drop a cigarette on it, causing a large burn spot to form.

7. Smoke Alarms

Landlords must provide smoke alarms in every rental property – and more specifically, every sleeping area within the property. They must also be tested and maintained on a regular basis. Landlords aren’t specifically required to install other protective devices, such as carbon monoxide detectors.

8. Rekeying and Key Replacement

Rekeying is the process of changing locks for a new tenant upon an old tenant moving out. There is no guideline that states the landlord has to change the locks unless the new tenant is a victim of domestic violence. Landlords are also not prevented from charging a fee for key or lock replacement.

9. Withholding Rent and Deductions

California state law does give you the right to deduct money from your rent if you make necessary repairs to a rented property out of your own pocket. You can deduct up to, but no more than, one full month of rent.

However, there are restrictions:

• The repair issue must be a health or safety risk (pest infestation, black mold, etc.).
• Damages cannot have been caused by a tenant, a guest, or a pet.
• You must provide the landlord with written notice of the deduction.
• You must give the landlord a reasonable amount of time to handle the issue themselves before you self-repair and deduct.
• You may not deduct from your rent more than once every calendar year.

Note that you also have the right to withhold your rent or deduct money from it if the landlord fails in their duty to provide included utilities or services. For example, if your lease states that the landlord must provide water and heat, and he or she turns the service off without notice, you may be able to deduct a portion of your rent.

Related: How to Report a Landlord to the Health Department

10. Emergency Entry

California landlords have the right to enter your apartment or property during an emergency.

Emergencies may include gas leaks, water leaks or flooding, fires, and natural disasters that may pose an immediate danger to the tenant. For example, if a neighbor reports a water leak or gas leak, the landlord can enter your rental unit to investigate and resolve the problem.

In any other situation, landlords must give you 24 hours notice before they can enter your unit. Even then, landlords cannot enter the property without permission.

11. Maximum Rent

There is no specific maximum rent rate allotted under California state law. Landlords are free to charge you whatever they believe is fair for the property in question. Landlords may raise rent over time, but you must be provided with written notice in advance of the increase. Furthermore, you must receive at least 60 days notice if the increase is equal to or greater than 10 percent of your current rent.

12. Late Fees

Landlords do have the right to charge late fees, meaning you may face these surcharges if you fail to pay your rent on time. However, they must be reasonable, and the landlord must be able to prove your rent was late. The exact definition of “reasonable” varies based on local control laws.

13. Lease Terminations

Landlords must notify you of their intention to terminate your lease at least 60 days prior to the date of termination. If you are being evicted due to non-payment, the timeframe decreases to just three regular days (not business days).

If the landlord wishes to evict you for breaking your lease (e.g., bringing a pet into a pet-free space), he or she must give you three days to correct the problem before they officially evict you. Evictions for lease violations must follow the standard protocol for the state of California.

Related: The Guide to Evictions in Los Angeles for Landlords and Tenants

14. Subletting and Roommates

Tenants have the right to sublet units under California landlord-tenant law. However, the original tenant is fully responsible for anything that happens within the unit during the sublet lease. This includes the responsibility to pay the rent if a subletter neglects to pay and coverage for any damages to the unit during the sublet.

You also have the right to have a roommate. The roommate must be approved by the landlord before moving in. Both roommates are equally responsible for the rent and any damages, meaning that if one person fails to pay, the other must pay the sum.

Related: When Does a Guest Become a Tenant in California?

15. Landlord Disclosure Rights

California’s landlord disclosure regulations give tenants the right to know certain information about a unit or property before they move in. The goal is to ensure that tenants don’t move into a property without fully understanding certain risks, such as the future of the property or potential health and safety hazards

Examples:

• Future remodeling projects, including demolition, condo conversion, or any other significant change to the building.
• The presence of harmful substances, including asbestos, lead paint, and other carcinogenic materials.
• Potential dangers nearby, including local military bases or explosives stored within a certain distance of the property.
• Past crimes or extreme harm, including deadly accidents, deaths, or murders within the unit.
• Issues with pests, including fleas, rats, cockroaches, or bedbugs. Must include a list of recent treatment dates.
• Methamphetamine exposure, either now or in the past. E.g., if the unit was seized by police in the past due to the presence of a meth lab.
• Shared facilities, (if applicable), such as a shared bathroom, kitchen, or living room. This must be made clear before you move in.

Exercising Your Rights

Now that you know more about your rights as a tenant in California, you can now hold your landlord accountable, exercise your rights, and file a lawsuit if necessary.

If you’re interested in pursuing legal action, you need to know where to find a tenant lawyer.

That’s where we can help.

Tell us a little about the situation and one of our Attorney Referral Consultants will help connect you with an experienced tenant lawyer in Los Angeles. To get started, give us a call at (818) 340-4529.