What’s the most I can sue my landlord for?
Lawsuits against landlords are one of the most common types of lawsuits we see filed in California small claims courts. In this guide, we go over common types of small claims lawsuits against landlords, step by step guide on how to sue your landlord in California small claims, and what to expect at the small claims hearing. Did you know JusticeDirect can help you navigate small claims against your landlord? Learn more.
Maximum amount you can sue for: $12,500
Most common types of lawsuits: Security deposits, property damage, or unsafe or unsanitary conditions.
How long does the process take: Most California courts are scheduling hearings around 30-75 days from when a lawsuit is filed. Virtual hearings are also available in some counties.
Costs: $0-$75 court fees. $0-$125 serving costs. If you are low-income, the court will waive your court fees and serving costs.
Lawyers: You cannot have a lawyer represent you at the small claims hearing. Your landlord can’t either, as lawyers are not allowed to represent the parties in small claims hearings.
We often receive the question, can I sue my landlord in California small claims? The answer is yes, as long as the dispute is for $12,500 or less.
Here are some reasons tenants file small claims lawsuits against landlords:
- Security Deposits
- Personal Property Damage
- Unsafe or Unsanitary Conditions
- Wrongful Eviction or Lockout
Case Facts
Case Outcome
An Orange County small claims lawsuit was filed against a landlord for keeping a portion of the tenant’s security deposit. The former tenant sued for a total of $2,486, which was the amount withheld from the security deposit. The court awarded the former tenant the full $2,486 they were seeking, plus an additional $90 in court costs. It is unclear from the court’s decision why they awarded this amount.
An Orange County small claims lawsuit was filed against a landlord for failing to return a security deposit, and bad faith penalties under California Civil Code sec. 1950.5. The former tenants sued for a total of $10,000. This amount included the security deposit, as well as bad faith penalties.
How much does a tenant lawyer cost in California?
Tenant attorney fees vary based on experience level and location, but generally run $200-$500 per hour. We may work on flat fees, hourly billing, or contingency, depending on your case details.
What are tenant rights in the UK?
You have certain rights and responsibilities if you’re a tenant in privately rented property.
As a tenant, you have the right to:
- If you have a tenancy agreement, it should be fair and comply with the law.
- If you do not know who your landlord is, write to the person or company you pay rent to. Your landlord can be fined if they do not give you this information within 21 days.
When you start a new assured or short assured tenancy, your landlord must give you:
- You should give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.
You must also:
Your landlord has the right to take legal action to evict you if you do not meet your responsibilities.
Contact HM Revenue and Customs (HMRC) if your landlord lives outside the UK and you pay £100 or more a week in rent directly to them.
You may have to deduct tax from your rent under HMRC’s ‘non-resident landlord scheme’.
Who to call for California renters rights?
Our Statewide Tenants’ Rights Hotline provides counseling and information about tenants’ rights. We are a group of tenants’ rights advocates, counselors, and community members, but do not provide legal advice. The hotline is voicemail-based, which means that in order to connect with us, you will have to call us, leave a voicemail, and one of our hotline counselor volunteers will reach out to you with resources as soon as possible, either by phone or other electronic communication. For the time being, we are only able to provide counseling in English and Spanish. Please follow these steps to get in touch!
We are experiencing a large increase in calls and have limited volunteer capacity, so unfortunately, longer than usual response times should be expected (average of about one month). We are currently prioritizing returning live calls for urgent eviction cases. When hotline counselor volunteers return your call, it will show up as “Blocked Number” or Spam, because of the platform we use to return calls, so please answer any call you receive with this in the weeks after you leave a voicemail in case it is coming from us. Most other issues will be addressed either by an automated call from Tenants Together or detailed text messages explaining your rights.
Additionally, our hotline is unable to field calls if your question only relates to help paying rent. The Emergency Rental Assistance Program (ERAP) website explains the process for applying to statewide rental assistance regardless of immigration status or you can contact their Call Center at 833-430-2122 between 7am – 7pm. If you are having trouble reaching the Call Center, search for your county on the Local Partner Network page to find organizations near you that are helping with applications!
Can you help me learn more about my rights as a tenant, so I know what I need to do to effectively stand up to my landlord?
YES, most definitely YES! Can you help me find out what my rights are? The best way to request repairs? How to get my security deposit back?
Yes! All the above and more! Do you provide legal advice?
No, our counselors are highly trained volunteers who come from a wide variety of backgrounds, but they are not lawyers. Most of them are tenants like you who have learned a lot about tenants’ rights through being their own advocates and from training at Tenants Together. If you need legal advice, please search by county in our Local Resource Directory.
Can you represent me in my eviction case or help me fill out the paperwork?
No, our hotline does not provide legal advice OR representation. If you need legal advice, please search by county in our Local Resource Directory.
I was already evicted. Can you help me find housing?
We suggest that you call 2-1-1, a phone bank of resources in each county, to get information about rental assistance or affordable housing lists.
Do you provide counseling to landlords on the hotline?
No, we are a tenants’ rights non-profit, and our.
How much does a tenant lawyer cost in California?
Tenant attorney fees vary based on experience level and location, but generally run $200-$500 per hour. We may work on flat fees, hourly billing, or contingency, depending on your case details.
What are my rights as a renter in Nevada?
1. Maintaining Livable Conditions
Your landlord must maintain your rental property in a habitable condition and provide essential services. This includes:
2. Money, Money, Money
3. Landlord’s Right to Enter
4. You and Your Lease
5. You Should Know . . .
For more information, visit www.civillawselfhelpcenter.org
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