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Marc D. Whitham is a San Diego tenant rights lawyer who has devoted his career to representing tenants with all aspects of their legal needs. He has defended and advocated on behalf of thousands of tenants in defending against eviction, fighting unlawful rent increases, recovering damages from negligent slumlords and unpermitted rentals.
Tenants who have questions about their legal rights or pending eviction actions may call: Legal Aid Society of San Diego (877) 534-2524 – www.lassd.org San Diego Volunteer Lawyer Program (SDVLP) (619) 235-5656 x127 State Assembly Bill (AB) 832, signed into law June 28, 2021, includes eviction protections for renters, such as:
Eviction Defenses in California A tenant facing eviction for failing to pay rent or violating the lease or rental agreement may have a defense that justifies fighting the eviction. Landlord Attempts a "Self-Help" Eviction A landlord can only evict a tenant by going to court.
If you are a tenant who lives outside of the City of San Diego, or if you have lived within San Diego for less than a year, you may still protected against arbitrary eviction. California State law requires landlords to have good cause to evict most tenants who have lived in there homes for more than a year (Civil Code §1946.2).
Take ActionFind legal representation or advice. It is important that you seek legal advice or representation immediately. ... Go to the advice assembly. ... Go to court on the date of your hearing. ... Request a postponement to find legal representation. ... Oppose your eviction in court.
If you want to fight an eviction in California, you must file a written response to the complaint within 5 days. You do have rights as a tenant, and there may be defenses available to you. Build your case, maybe even with the help of an attorney, and have your day in court.
The landlord may issue a three-day eviction notice when the tenant is in violation of the lease (i.e. failure to pay rent, creating a nuisance, damaging the property, etc.), a 30-day notice if the tenant has resided at the property for less than one year on a month-to-month basis, and a 60-day notice if the tenant has ...
The city's new eviction moratorium is now in place for renters who are up-to-date on their rent payments and abiding by the terms of their leases.
Your landlord cannot evict you if you've applied and are waiting to find out if you're eligible. Some cities and counties have more eviction protections in place. Learn about eviction protection for unpaid rent during COVID-19.
Under California state law, it is considered to be a wrongful eviction, when a tenant, living in a rent-controlled apartment, is evicted for grounds not approved by the Los Angeles Rent Stabilization Ordinance (RSO), or in a manner not approved by the Ordinance.
After over two years of statewide eviction moratoria in the forms of executive orders, Judicial Council rules, and legislation, California's eviction moratorium was scheduled to come to an end on March 31, 2022. However, on March 31, 2022, Lt. Gov.
A moratorium to keep landlords from evicting tenants who are up to date on their rent is now set to go into effect on May 22.
No, your landlord usually cannot evict you without a court order. As long as you haven't abandoned your home, your landlord cannot change the locks, install a deadbolt, take off doors, or do anything to stop you from entering your home.
SAN DIEGO — The San Diego City Council passed a no-fault eviction moratorium 5-1 on Monday, expanding tenant protections designed to prevent renters from being removed from their homes. The moratorium expires Sep. 30, 2022 or 60 days after California ends its COVID-19 emergency.
In California now, landlords can evict tenants at the end of their lease without specifying any reason, as long as they give advance notice of 60 days. Or, 30 days if the tenant has been renting for less than a year. But, as of January 1, 2020, eviction in California will never be the same.
Consider all your options. Money from federal rental assistance could cover up to 18 months of rent – including unpaid rent incurred during the COVID-19 pandemic and future rent in certain cases – when the money is available. Evicting tenants can be time-consuming and expensive.
The legal protections that tenants enjoy include both substantive rights (because a tenancy is a property interest), and also procedural rights (because the Constitution guarantees due process).
If you are not able to avoid litigation, then consult with an attorney who stands with tenants and defends their rights. If you have a situation that is more than a question, and are already having a dispute with your landlord, then information alone is often not enough to settle the matter to your advantage.
Once a tenant is sued in court, and then served with an unlawful detainer summons, then he or she has only five days to respond. If your landlord has sued you or is threatening to sue you, then you must act quickly.
However, most of these legally required notices give a tenant only three days to act. When a tenant fails to act within the three days then the landlord can proceed to court. Once an action to evict (also called unlawful detainer) is filed against a tenant in court, it can move very quickly.
Whether you need to prepare for defending an eviction, or you need to assert your rights to decent housing, or because your landlord's negligence has caused you harm, legal assistance is available. Tenants do have rights, but they must take action to protect them.
If you have a problem with your landlord, you don't have to live in fear of being evicted, but you do need to understand what the law says, and how it will be applied if you end up in court. That's why it's important to talk to a lawyer who specializes on tenants' rights.
Tenants have a civil right to due process because a tenancy is a property right and a contract. Protecting the decency and security of your home is not only a basic necessity, it is also constitutionally protected action . Everybody needs a place to live, and just because you pay rent does not mean your right to housing is any less important. Your landlord does not have a legal right to simply make you move, or make your life miserable when you assert yourself.
Having a lawyer confront your landlord can be stressful and overwhelming. I will do this on your behalf.
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If your landlord fails to return the deposit, write a letter to the landlord demanding the deposit back. If that doesn’t do the trick, you can sue. The landlord may be liable not just for the amount of the deposit but for up to two times the amount of the deposit as a penalty for withholding the deposit in bad faith.
There is also a state law, Civil Code 1942.4, which makes it illegal for the landlord to continue collecting rent where certain conditions remain unabated for more than 35 days after the landlord is cited by a city inspector. Q: My landlord shows up and demands access to my home.
An inspector should arrange for an inspection, after which the city should send a notice of violations to the landlord with a deadline for repairs to be completed.
If a tenant has lived in a residence for more than one year, then they are still entitled to a written notice of 60 days, but it doesn’t have to include any reason for the termination.
The landlord can deduct for unpaid rent, costs to repair damages caused by tenant or tenants’ guests, cleaning of the unit to return the unit to the same level of cleanliness it was in at the inception of the tenancy and other limited bases. Click here for more info on security deposit law under Civil Code 1950.5.
If the bank wants you to move out, it will need to serve a written notice telling you to move out. In most cases, the new owner has to give you a 90-day termination notice, and if you have a rental agreement for a fixed term, like a one-year lease, you may be able to stay until it expires. There are some exceptions.
Verbal eviction notice is invalid in California. Until you receive a written notice to terminate your tenancy that complies with California law, you do not need to move in response to the landlord ’s verbal demand s. Q: The landlord is raising my rent.
Once the eviction notice is filed with a local court, then the clerk will send a summons to the tenant and also provide the landlord with a court date for a hearing. At this stage, both the landlord and the tenant should be collecting evidence to support their arguments for and against the eviction at the hearing.
There are many different reasons for why the landlord may want to evict a tenant from a rental property, including: If the tenant has breached the terms of their lease or rental agreement (e.g., smoking in a non-smoking building or keeping pets despite no-pet conditions in the lease); and.
If the tenant simply forgot to pay rent or is now in a situation where they are able to pay it, then the tenant should alert the landlord and make the payments.
If the landlord removes a tenant’s personal property before the eviction order is granted, then the tenant will have grounds to sue for illegal possession of property and any associated damages done to the property that were caused by the landlord’s illegal actions.
If a court rules in favor of the landlord, then the tenant will have a certain amount of days to leave the premises. If they have not left after the time period has expired, then the landlord may contact local law enforcement to have the tenant arrested and removed.
If the tenant has good reason to defend against the eviction notice, then they should hire a qualified attorney to argue on their behalf in court. This can help ensure a more successful outcome due to the legal procedures involved and certain evidence that the tenant may not know to gather themselves.
This should happen either before the landlord sends a formal eviction notice or the tenant should reach out to the landlord immediately after they receive it. This is especially true if the reason for the eviction is based on missing rent payments.
If the landlord does not give the tenant the three-day notice but goes straight to court, the tenant can defend against the eviction by claiming lack of notice. The judge would likely dismiss the eviction case, and the landlord would have to start over in the process, beginning with a three-day notice to the tenant.
The only way a landlord can legally evict a tenant in California is by filing an eviction lawsuit with the court and receiving a court order allowing the eviction to occur. Before filing the eviction lawsuit, the landlord must first give the tenant notice that the tenant did something wrong and that an eviction may occur.
If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case.
A landlord is required to give a tenant a three-day notice to pay rent or quit before filing an eviction lawsuit. If the tenant pays rent during the three-day period, the landlord must not proceed with the eviction (see Cal. Code of Civ. Proc. § 1161 (2) ).
The notice must state that the tenant has three days to pay rent or move out of the rental unit. If the tenant does not pay rent or move within the three-day period, the landlord can file an eviction lawsuit with the court (see Cal. Code of Civ. Proc. § 1161 (2) ).
The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition, California has enacted the Fair Employment and Housing Act, which also protects against discrimination based on gender identity, gender expression, sexual orientation, marital status, medical condition, and age. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction.
As soon as the landlord is aware of a lease violation, such as having a pet when none are allowed, then the landlord can give the tenant a three-day notice to perform or quit. This notice gives the tenant three days to come ...