Landlord-tenant laws vary from state to state. Luckily, the state of California is known to be a very tenant-friendly state. As a tenant, it’s important to know what state laws exist that can protect you if any issues arise with your landlord. Additionally, it’s important to understand what circumstances you can rightfully bring a lawsuit against your landlord.
Landlord-Tenant Laws in California
The state of California has enacted numerous laws in an effort to afford tenants more protection. Some of the key laws that affect landlords and tenants include:
California’s Tenant Protection Act of 2019
The Tenant Protection Act implemented statewide and eviction control laws that affected most residents in the state. So, what exactly does the Tenant Protection Act do?
- Puts a cap on rent increases statewide (for qualifying units)
- Permits landlords to only increase rent once within any 12-month period
Tenant Rental Application & Screening Laws
• Application Fees: Landlords may charge nonrefundable application fees.
o Fee must be no greater than their actual out-of-pocket costs for screening services and other
reasonable value of time spent obtaining information about the applicant.
Late Fees & Non-Payment of Rent Laws
- No Grace Period: Landlords are not required to give tenants a rent payment grace period.
- Eviction: Landlords must give proper written notice for three days to pay rent or move-out. If rent is not paid within three days, the landlord can file to evict you.
- Late Fees: Landlords may charge tenants fees for failing to pay rent on time. o Fee must be a reasonable estimate of the cost that the landlord incurs because the rent is late.
Bringing a Lawsuit Against Your Landlord
Unfortunately, landlord-tenant lawsuits are very common today. Many Americans rent their homes and face financial, emotional, and sometimes physical injury from their landlords. Some of the most common circumstances where tenants can rightfully sue their landlords include:
- Illegal Eviction Procedures: If your landlord has failed to provide you with the correct notice or has acted against California evictions laws, you may have the right to sue them.
- Retaliatory Evictions: If your landlord has evicted you after you filed a complaint or lawsuit against them or after you have notified them of lead hazards, you may have the right to sue them.
- Harassment by Landlord: If your landlord has been improperly entering your residence, acting inappropriately in communications, or violating your rights in other ways, you may have the right to sue them.
- Unhabitable Residence: If your landlord has failed to address dangerous or unlivable conditions, you may have the right to sue them.
Landlord-tenant issues can be emotionally and mentally trying. It’s important to the success of your case to speak to an experienced attorney. Our attorneys at Hariri Law Group are well versed on California landlord-tenant law and are here to help you recover from your injuries.
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