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Tag: Tenant Rights

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Landlord Tenant Law

How Much Can I Sue a Landlord for Wrongful Eviction?

A landlord can evict a tenant for a variety of reasons. However, not all of these reasons are considered legal and may result in a wrongful eviction lawsuit. In that case, you may wonder, how much can I sue a landlord for wrongful eviction?

There are legal reasons to be evicted (failure to pay rent or violation of the lease) but illegal ones as well (retaliation or discrimination, etc.) and they cover a number of areas protecting the tenant. If you feel you were evicted illegally, you should think about suing your landlord. But consider your decision carefully, because it may still not be right for you because it can take a toll on your private life. If you decide to go ahead, there is a chance you will win your case and be compensated handsomely, as some recent cases demonstrate.

Let’s discuss how you might go ahead with a lawsuit and discuss the possible outcomes of a suit in your favor.

How to Sue a Landlord

In California, landlords must follow specific rules and procedures when evicting a tenant.

If you are served with a notice or summons with an Unlawful Detainer complaint, you have five days to file a response with the court. You need to file your response in the right form or your case might not be heard.

You can use illegal eviction as a defense or counter-suit to the eviction lawsuit being considered by your landlord. You can also sue for illegal eviction on your own in civil court or small claims court by filing a complaint that states exactly what your landlord did that was illegal, and how it caused you damage.

Related: 10 Reasons to Sue Your Landlord for Negligence

What Kind of Damages Will a Court Acknowledge?

There are several areas where a court may award you for damages. For example, if you had to find temporary shelter like a motel room to stay in, you may be compensated for the rent. These are considered out of pocket “actual damages.”

Other actual damages include compensation for damage to your property caused by the eviction. This can include damaged or stolen property if left outside or spoiled food if the electricity was turned off.

You can be compensated for any physical harm if your landlord used any violence against you. It’s a good idea to keep all medical records should this happen to you.

You might also be awarded financial compensation as punitive damages against your landlord and this can be very significant. In California, punitive damages can be up to $100 per day of violation and at least $250 per separate violation.

One of the main damages in a wrongful eviction lawsuit is the rent differential. Another is emotional distress. In wrongful eviction cases under local rent ordinances, your out of pocket (actual) damages are tripled, and in those cases where your landlord behaved egregiously, emotional distress damages may also be tripled. Typically, the longer the length of your old tenancy, the more your emotional distress is valued.

Rent differential is calculated in one of two ways. The first is to subtract what you were paying in your old home from what you are now paying. The second is to subtract what you were paying from the fair market value of your old home and multiplied by the length of time you would have likely stayed if you weren’t evicted.

Rent-Control Damages Can Be Significant

Rent-control awards can be very significant. Many law firms measure damages by hiring an expert to do a rental appraisal for your unit at the time you vacated and compare it with market conditions.

For example, if you were living in a three-bedroom apartment in San Francisco for 10 years and you might have been paying $2,000 a month. But your unit might go for $6,000 a month at the time you are forced to vacate. Your lost value is calculated as $6,000 minus $2,000, which is $4,000. That amount is multiplied by however long you would have lived there had you not been illegally evicted. In cases like these, juries have been known to award 10 years of that differential in damages. That monthly rent differential of $4,000 multiplied by 10 years means a potentially large payoff for you.

Here is a case in point. In October of last year, there was a story on a CBS station in San Francisco describing a case of harassment and wrongful eviction. A California couple had lived in their apartment for 20 years when the property was purchased by a new landlord. The landlord had a company with a business plan to acquire the property. The couple claimed that the company began a pattern of harassment and intimidation while decreasing the level of services offered, and their actions were targeting all of the rent-control, long-term tenants.

After a two-and-a-half-year-long battle with their landlord, the couple took the company to court. And after a four-and-a-half-week trial, the couple was awarded a record $3,528,000 verdict for harassment and wrongful eviction.

The Cost of Suing

The California couple won their case, but not without stress. They said they would have rather kept their home than won the award. This is not atypical. Many people wrongfully evicted have to give up a certain amount of privacy when they file a lawsuit, and they have to relive the bad experiences that led to the suit. The attorney for the landlord can take your deposition and can ask you questions about any emotional distress you may have claimed. This could include looking into your medical or psychiatric history.

A wrongful eviction lawsuit can also be very expensive if you lose. Many landlord/tenant agreements contain a clause that states if the parties go to court over the tenancy, the loser must pay the winner’s fees. So, you could face a huge bill for attorney fees if you lose.

If you are evicted but get another, better, less-expensive apartment right away, you may not want to consider a landlord suit. You might not be able to establish the kind of damages that would make expensive litigation worthwhile.

So, before you file a lawsuit for wrongful eviction, you may want to ask yourself if the law can really compensate you for the harm you suffered. Can you cope with the experience of litigation and the loss of privacy?

Suing May Still Be to Your Advantage

If you can face the challenge of court procedures, then go ahead and notify your landlord that you intend to sue for wrongful eviction. If you were a victim of any of the specific violations spelled out by the government, like retaliation, harassment, intimidation, or self-help actions like changing the locks or moving out your belongings, you have a case you might win.

Categories
Landlord Tenant Law

Is Tenant Responsible for Water Damage in California?

California renter’s rights protect tenants from expensive repair costs, including water damage. If you rent an apartment, house, or other property in California, you may be interested in learning more about California Renter’s Rights.

In this article, we’re taking a closer look so you can answer the question – is tenant responsible for water damage in California?

An Introduction

Southern California experienced torrential rains in February 2017, forcing hundreds of residents to evacuate, opening sinkholes, and causing dangerous mudslides — one of the strongest storms in years for the area.

The meteorologist-described “weather bomb” that came after a five-year drought even resulted in a few deaths after flooding streets and submerging cars.

If you’re a renter in California, you may have been displaced during these storms, or perhaps in another instance where water intrusion from rain, a broken pipe, or a faulty drain damaged your home. You may not know where to turn, but you have legal rights.

Today, we’re taking a closer look at your California renter’s rights and how they protect you from California water damage.

Water Damage and California Renter’s Rights

The California Department of Consumer Affairs has a wealth of information on our state’s tenant laws, including one of the most basic: If your rental unit needs repairs, it is the landlord’s responsibility to complete those repairs under the implied warranty of habitability.

Essentially, if it’s dangerous to your health to stay in your home, your landlord is legally required to find a solution for you.

Is Tenant Responsible for Water Damage?

According to California Civil Code section 1941, the landlord is responsible for providing tenants with habitable living conditions and repair any problem that makes the property uninhabitable, including water damage, with the exception of problems caused by the tenant, guests, children, or pets.

It is, however, up to the tenant to report damages and repairs needed diligently. This information should be included in your rental agreements.

What If My Landlord Doesn’t Complete Repairs?

If you’re living in a rental unit with enough water damage to deem it uninhabitable, you need to act quickly.

The water damage may just be unsightly at first, but it can actually cause health problems for the tenant if ignored. Water attracts mold when it doesn’t have ventilation and the moisture may become a nasty stomping ground for bugs or other pests.

So, what can you do?

According to landlord-tenant law, tenants may withhold rent, move out without 30 days notice, sue the landlord, call health inspectors, or exercise the right to “repair and deduct.”

Here are three things you can do:

1. The “repair and deduct” remedy

A tenant can deduct up to one month’s rent to pay for repairs in the rental unit if they are causing substandard conditions affecting their health or safety. It’s crucial to know the difference between repairs that are minor and those that are actually serious so you can protect yourself from the fallout that may come after implementing any of these remedies. You should speak with a lawyer before making these repairs yourself — even if you won’t need to file a lawsuit, your landlord may try to file one against you or give you an eviction notice based on nonpayment of rent.

2. The “abandonment” remedy

A tenant can move out of a rental unit that needs serious repairs if they would cost more than one month’s rent. Substandard conditions, like a leaky roof, also must be present.

3. The “rent withholding” remedy

A tenant is allowed to withhold rent by law if their landlord does not make serious repairs affecting their health to their rental unit. Additional examples include addressing plumbing blockages; a collapse of your bathroom ceiling; and a continued presence of rats, mice, or cockroaches. Do not spend any withheld rent money — it’s suggested that you instead deposit this money in an escrow account. Make sure to check with a lawyer before proceeding with this remedy, as well.

Tenants should allow their landlord to make repairs in a reasonable amount of time before taking action.

This can be several days to a month for some repairs, but for those more serious that affect immediate health, a couple of days is generally the max.

Get Help from an Attorney Today

Looking for legal advice?

The Attorney Referral Service of the San Fernando Valley Bar Association can help you find a qualified landlord-tenant attorney in California to deal with your water damage issues and help you fight for your tenant rights if your landlord is not completing timely repairs. Water damage can lead to various problems, including physical injuries such as allergy or exposure to pesticides, or psychological injury from stress and anxiety.

Know that landlord-tenant disputes happen and an eviction notice may arise from trying to fight this on your own — we can deal with this for you and make sure you meet conditions to prepare for a lawsuit or resolve your situation outside of court through mediation or arbitration. By winning a lawsuit against your landlord, you may be awarded actual damages plus special damages — the cost of staying at a hotel during repairs, for example — up to $5,000. Contact one of our attorneys today before taking any action against your landlord for failing to make serious repairs to your home.

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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