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    Landlord tenant attorney near me

    landlord tenant attorney near me

    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

    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.

    Who can I talk to about tenant rights in California?

    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 hotline is specifically for tenants.

    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 can’t a landlord do in California?

    California landlord tenant laws include rent control policies, restrictions, limitations, and other miscellaneous policies. While there are some general guidelines to follow in a California rental agreement, some cities have their regulations.

    This is an overview of the California landlord-tenant law, which explains the duties and rights of every party involved in a lease agreement. If you need any additional information, consider talking to a real estate agent or a lawyer.

    Get the quintessential guide to landlord-tenant laws on the go from DoorLoop’s “Landlord’s Guide” series. Click here or on the banner above to download the whitepaper and get all our best tips (by the book).

    Now, let’s dive in. Generally, a lease agreement involves any oral or written agreement between a landlord and prospective tenants. In this agreement, the landlord is allowing these tenants to inhabit their property in exchange for rent payments.

    According to state laws, a landlord must disclose any information that may be important for tenants. This is done to avoid any confusion or mistakes from either party.

    Overall, these are the most common things that are disclosed in any rental agreement, according to Californian law:

    • Item 1
    • Item 2
    • Item 3

    To download your very own lease agreement template for California, simply visit DoorLoop’s Forms Page and download the template.

    Before diving into specifics, it’s important to note that both landlords and tenants have rights and responsibilities at the time of arranging a rental agreement. This may vary depending on your local county and municipality, but these are the most common cases:

    According to the California Civil Code (1940-1954.05), the landlord has the right to collect rent, withhold security deposit return in case of property damages, evictions in case of agreement breaches, and many more.

    On the other hand, these real estate laws require landlords to provide a safe and habitable dwelling unit for their tenants; this involves utilities in good repair, safe common areas, pest control measures, and more. If there is any repair request from the tenant, the landlord must respond reasonably. In most cases, this “reasonable time” refers to 30 days since the repair was requested.

    If the landlord fails to provide repairs or refuses to do them, the tenant can exercise their rights in the “Repair and Deduct Remedy,” in which the tenant is legally allowed to make the repairs themselves and deduct all the costs from the next payments.

    According to California landlord-tenant laws, tenants have the right to live in safe, habitable rental units, as well as sue the landlord for retaliation, withhold rent for failure to provide essential services, recover attorney’s fees, and more.

    As for California tenant responsibilities, these are the most common ones found in rental agreements:

    1. Item 1
    2. Item 2
    3. Item 3

    A California landlord-tenant agreement needs to include details regarding how, when, and where those payments are going to be done. This includes any rules on late fees, bounced check fees.

    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 hotline is dedicated to helping tenants.

    What is the rent law in California?

    As a tenant, knowing your rights is critical. Under California law, residential tenants are protected from certain rent increases and may be protected from certain types of evictions.

    It is important to act quickly if your landlord serves you with an eviction notice, tells you to move out, increases your rent illegally, or if you know cannot afford your rent. Many legal processes affecting tenants move swiftly, so do not ignore important notices. Instead, reach out for legal assistance as soon as possible to discuss your options. If you cannot afford a lawyer, you may qualify for free or low-cost legal aid. To find a legal aid office near where you live, please visit www.LawHelpCA.org.

    As a landlord, it is vital to understand and uphold the protections available to California renters under the law. With the recently enacted Tenant Protection Act (AB 1482) and other laws, it is important for landlords of residential properties to be familiar with state and local developments to prevent legal violations.

    Click on the links below to learn more about landlord-tenant protections:

    • To stay informed about what the Attorney General is doing to protect tenants’ rights and address California’s housing crisis, please visit the Housing Justice Team webpage at https://oag.ca.gov/housing.
    • For additional resources, visit the State of California’s Housing is Key website, and read the “Guide to Residential Tenants’ and Landlords Rights and Responsibilities.”
    • For residents and owners of mobilehome parks, read the “Mobilehome Residency Law Handbook.”

    In 2019, California enacted the Tenant Protection Act (AB 1482), which created significant new protections for residential tenants. Both tenants and landlords should be aware of the requirements of this law.

    The Tenant Protection Act caps rent increases for most residential tenants in California. Landlords cannot raise rent more than 10% total or 5% plus the percentage change in the cost of living – whichever is lower – over a 12-month period. If the tenants of a unit move out and new tenants move in, the landlord may establish the initial rent to charge. (Civ. Code § 1947.12.) The percentage change in the cost of living for most areas can be found through the national consumer price index by the Bureau of Labor Statistics or California consumer price index by the California Department of Industrial Relations.

    In addition to the statewide limit, local rent control laws may further restrict how much a landlord can increase rent annually. Tenants and landlords should consult local resources to see whether their city or county has rules that may offer additional protection to tenants.

    The Tenant Protection Act also creates statewide eviction protections for most residential tenants after they have lived in their unit for 12 months. The law sets out two kinds of permissible evictions: “at fault” evictions (where the landlord moves to evict a tenant because the tenant is allegedly “at fault”) and “no fault” evictions (where the landlord needs to evict the tenant for reasons not the fault of the tenant).

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