Practical Examples:

• • John’s landlord tried to keep his $2,500 deposit, but he successfully got it back in full by sending a formal demand letter citing the 21-day return law.
  • Maria’s LA apartment is under rent control. When her landlord raised the rent 8%, she contested it and had the increase lowered to the 3% city limit.
  • When Damien’s heating broke, his landlord failed to fix it for weeks. He made the repair himself for $150 and legally deducted it from the rent.
  • Sarah’s landlord tried to evict her without cause after 14 months. She proved this illegal under the new statewide “just cause” rules and stopped the eviction.
  • Michael needed to break his 1-year lease 4 months early when he lost his job. He invoked the early termination law, limited his liability to 1 month’s rent and found a new tenant.

Action Steps:

• • Research your city’s specific landlord-tenant ordinances, as they may provide extra protections beyond state law.
  • Document everything – lease agreements, rent receipts, repair requests, photos of damage, all communication with your landlord/tenant.
  • Send any critical requests or notices via certified mail with return receipt to prove delivery.
  • If you receive an improper rent increase, non-returned deposit, eviction notice, or other violation, contest it in writing citing the relevant law.
  • Consult an experienced landlord-tenant attorney for guidance in more complex, high-stakes situations.

Frequently Asked Questions:

• • Can a landlord raise rent more than once a year? No, rent increases are limited to once every 12 months under AB 1482.
  • How much notice is required for a rent increase? 30 days for increases under 10%, 60 days for increases over 10%.
  • Are tenants entitled to interest on security deposits? Only in some rent-controlled cities.
    
  • Under what circumstances can a landlord enter a rental unit? With proper 24 hour written notice to make repairs, show the unit, or in an emergency.
  • Can a tenant sublet or assign a lease to someone else? Only if the lease allows it or the landlord agrees in writing. The original tenant typically remains liable.

Practical Examples:

• • Lisa fell behind on rent. Her landlord gave a 3-day notice, then filed an eviction case when she didn’t pay. She fought it in court and got on a payment plan.
  • Jun’s landlord kept $500 of his $1500 deposit for “cleaning fees.” He disputed the charges, proved he left the unit clean, and got his full deposit.
  • The electrical wiring in Tanya’s unit was a fire hazard. When her landlord ignored it, she paid for the $300 repair and deducted it from next month’s rent.
  • Miguel’s landlord raised the rent 12% claiming he was exempt from the new state rent caps as a “small landlord.” Miguel showed the unit didn’t qualify for the exemption.
  • Kim’s landlord tried to evict her by changing the locks when she was out. She called the police, proved the “self-help” eviction was illegal, and regained access.

Action Steps:

• • As a tenant, always pay rent on time and in full, via a method that documents payment like check or online portal.
  • Landlords, provide move-in and move-out inspection checklists and itemize any deductions from the security deposit.
  • Document habitability issues in writing, with photos. Allow reasonable time for repairs before withholding rent or repairing yourself.
  • If you receive an improper rent increase or eviction notice, respond in writing disputing it and citing the law being violated.
  • If an eviction is filed against you, do not ignore it. Seek legal help to fight it in court or try to settle, otherwise you will lose by default.

Frequently Asked Questions:

• • How many days does a tenant have to pay rent after receiving a “pay or quit” notice? 3 days, excluding weekends and court holidays.
  • What’s the most a landlord can deduct from a security deposit for cleaning? Only the amount needed to restore the unit to the same level of cleanliness as when the tenant moved in.
  • Can you withhold rent for any repair issue? No, only for serious habitability problems, and you must give prior written notice and reasonable time to fix.
  • What exemptions are there to AB 1482 rent caps? Key exemptions include newer construction (built in last 15 years), single family homes, owner-occupied duplexes, and government/non-profit housing.
  • What relocation assistance must landlords provide for “no-fault” evictions? Either a $1000 relocation fee or waiver of final month’s rent.

Practical Examples:

• • Andre documented his landlord’s verbal promise to fix a leak via email confirming their conversation. When the landlord later denied it, he had written proof.
  • Cynthia’s tenant kept paying rent late. Instead of starting eviction, she learned he’d lost his job. She set up a temporary reduced payment plan until he found work.
  • Rather than go to court, Hal and his landlord agreed to split the cost of a $1000 repair. They signed a written agreement and each paid $500.
  • Nina and her landlord were at odds over several issues. They used a local mediation service to talk it through with a facilitator, and resolved everything in one session.
  • When Greta’s landlord filed an eviction case, she knew she needed help. She found a tenants’ rights attorney who got the case dismissed and fees waived.

Action Steps:

• • Commit to communicating with your landlord/tenant in writing whenever possible. Save copies of all letters, emails, and texts.
  • Before reacting to a conflict, step back and try to understand the other side’s perspective. What are they hoping for or fearing?
  • Be proactive in proposing solutions. Come to the table with ideas for compromises that could work for both of you.
  • Look into local mediation services before going to court. Many nonprofits and gov’t agencies offer free or low-cost mediation for rental disputes.
  • Don’t try to navigate a complex legal battle alone. Bring in an experienced attorney early for the best chance at success.

Frequently Asked Questions:

• • Is a verbal rental agreement legally binding? Yes, but it’s much harder to prove the terms. Always get agreements in writing if possible.
  • What should you do if a landlord refuses to make crucial repairs? Give written notice of the issues and a reasonable deadline to fix. If they don’t, consider “repair and deduct” or taking legal action.
  • How can I find a good mediator for a rental dispute? Look for a provider affiliated with the local courts, bar association, or a nonprofit like the Center for Conflict Resolution.
  • When is it worth hiring a lawyer for a rental issue? It’s wise to at least consult an attorney before filing or defending any lawsuit. A short consultation can help assess your case.
  • What are some good sources for finding landlord-tenant attorneys? The State Bar has a certified lawyer referral service. Many local legal aid organizations specialize in housing law.

Practical Examples:

• • Ricky researched attorneys and found one who’d been practicing landlord-tenant law in his city for 20 years and had handled hundreds of cases on both sides.
  • Valerie’s lawyer always got back to her within 24 hours and took time to translate “legalese” into plain English.
  • Tammy’s attorney negotiated a deal where she got an extra month to move in exchange for not fighting the eviction, saving everyone time and money.
  • Jorge’s lawyer was known for taking on slumlords and fighting passionately for tenants’ rights to safe housing.
  • Beth found her attorney through a referral from a coworker whose cousin had used him for a big rental case and raved about his work.

Action Steps:

• • Start by asking family, friends, and coworkers if they’ve used a landlord-tenant lawyer they’d recommend.
  • Look for attorneys who are members of respected lawyer organizations like the ACBA and CELA.
  • Check the State Bar website to see if an attorney has any public record of discipline and whether their license is active.
  • Read online reviews and testimonials from an attorney’s past clients to get a sense of their strengths and style.
  • Schedule consultations with a few potential attorneys. Many offer free short initial meetings. Come prepared with questions and documents.

Frequently Asked Questions:

• • How much do landlord-tenant lawyers typically charge? Most charge hourly rates from $200-500/hr depending on experience and location. Some take flat fees for basic services.
  • What does a landlord-tenant lawyer do during an eviction? For tenants – raises defenses, requests jury trial, negotiates settlement or fights lawsuit. For landlords – ensures notices properly served, represents in court.
  • Are there any free or low-cost options for landlord-tenant legal help? Many legal aid centers and housing rights clinics offer free help to low-income renters. Some law schools have free clinics too.
  • When should you hire a landlord lawyer vs. a property manager? Property managers handle day-to-day issues (rent collection, maintenance, lease agreements). Lawyers help with serious legal issues like evictions and liability.
  • Do I need a lawyer for small claims court? No, in fact lawyers usually aren’t allowed. But you may want one to help prepare your case and evidence beforehand.

Questions:

1. How many days does a landlord have to return a security deposit after a tenant moves out?
   • A) 14 days
   • B) 21 days
   • C) 30 days
   • D) 60 days
2. What is the maximum annual rent increase allowed under AB 1482 for most properties?
   • A) 3%
   • B) 5% + local CPI
   • C) 8%
   • D) 10% + local CPI
3. Which of the following is NOT a legally protected reason for eviction in California?
   • A) Nonpayment of rent
   • B) Lease violation
   • C) Nuisance behavior
   • D) Landlord wants to move in a relative
4. How much can a landlord deduct from a security deposit for cleaning without proof?
   • A) Nothing
   • B) 50% of the deposit
   • C) 2x the monthly rent
   • D) As much as they want
5. Which of the following is an illegal “self-help” eviction tactic?
   • A) Changing the locks
   • B) Shutting off utilities
   • C) Removing tenant’s belongings
   • D) All of the above

Answers:

1. B) 21 days. Landlords have 21 days after the tenant vacates to either return the full deposit or provide an itemized statement of deductions and any remaining funds.
2. B) 5% + local CPI. Under AB 1482, annual rent increases are capped at 5% plus the local Consumer Price Index (CPI), or 10% total, whichever is lower.
3. D) Landlord wants to move in a relative. While “owner move-in” can be a legal cause for eviction, it has to be the landlord or their spouse, domestic partner, children, parents or grandparents – not other relatives.
4. A) Nothing. Landlords cannot make any deductions for cleaning costs from the security deposit without providing itemized receipts and evidence of the cleaning services.
5. D) All of the above. “Self-help” evictions outside the legal court process, like changing locks, cutting off utilities, or removing the tenant’s property, are illegal in California.

Disclaimer

The information provided in this article is for general educational purposes only and is not a substitute for legal advice. Landlord-tenant laws vary by location and situation. If you are dealing with a specific rental dispute, please consult with a qualified local attorney to discuss your case. While we strive to keep the information in this article up to date, laws can change quickly, and we make no representations or warranties about the accuracy of this content. Use at your own risk. This article is not intended to create an attorney-client relationship and does not provide a full analysis of all potentially relevant issues. It should not be relied upon for any specific rental matter.