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Counsel, Advocacy & Representation for California Tenants

Tenant Protection Act of 2019

Tenant Protection for California Tenants

On January 1, 2020, California enacted Statewide eviction control, and capped the amount of rent increases that most landlords can impose upon residential tenants. The bill that changed the law creates two new sections of the Civil Code, § 1946.2, and §§ 1947.12 and 1947.13

Civil Code § 1946.2, creates “just cause” requirements that protect long-term residential tenants from arbitrary eviction. Section 1947.12-13 limits the amount of a landlord may assess rent increases.

The following posts listed below attempt to answer specific questions related to these revisions to the Civil Code, and to highlight some of the most significant impacts they have on tenants’ rights. Please look over the information provided and feel free to send us any questions you have.

As is always the case, how these laws will affect the rights of any individual tenant will vary depending on the unique facts of his or her situation.

Eviction Control (Civil Code §1946.2)

Rent Control (Civil Code §1947.1)

If you are a California tenant and have any interest in saving yourself money, and want to avoid headaches over disputes involving your rental property, then there has never been a better time to schedule a consultation with a tenants’ rights attorney to better understand how the Tenant Protection Act impacts your landlord-tenant relationship.

These protections can greatly assist tenants to establish stable homes over the long-term in the same rental location instead of having to move with regularity.  You may also be able to avoid absorb the expense of unlawful rent increases.

 

Your landlord’s attempt to increase the payment of rent or terminate your tenancy may not be lawful.

Using the law to your advantage requires effective advocacy, and expert navigation of the court system to have force and meaning. We are happy to hear from tenants about their situations, and happy to speak with you about how we can help.

Our services are not free, but the value of the information, guidance and advocacy we will provide to you will more than pay for itself. Not only in the immediate situation you face, but in numerous other interactions you may have with your landlord or property manager in the future.

 

 

 

 

 

If you have any questions, schedule a consultation to talk over your unique situation and see how we can help.

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How Can We Help You?

Get Representation

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. What most renters need, but seldom have, is an attorney who knows the law, and the landlord’s duties under the law, and is not afraid to advocate for tenants.

Even the most informed tenants can find the court system overwhelming.  Defending against eviction on your own is more than just challenging.  Fort the unprepared and unrepresented it is an ordeal filled with traps.  Tenants who go to court without an attorney frequently enter into bad agreements and suffer humiliation at the hands of the landlord’s lawyers. Having an experienced attorney on your side will make a difference.

Get Informed

If your situation is not a lawsuit in court, but rather a question, or a curiosity about what the law says, there are many places where you can find educational materials, and  every tenant should become familiar with the legal protections for tenants in California law.

Many times the answer to tenants’ legal questions are more complicated than they may first appear.  It’s important to be careful, and not to rely upon every piece of information posted online, or simply accept the advice of friends and neighbors.  Make sure the source of your legal advice is reliable and up to date.

Look around the website and see if we have information to help you.  If you have a question and you can’t find an answer,  click here to send us a comment.  An attorney that specializes in advocating for tenants will reply, and can direct you to the resources you need. 

Don't go to Trial unprepared

Written notices demanding the payment of rent, notices that threaten the termination of your lease, accusations of illegal activity, and notices of changes in terms and conditions of a lease from a landlord or property manager are often the prelude to legal action.  They must be taken seriously.  It is critical for tenants to respond to notice from a landlord intelligently and prudently.

Before you agree to excessive rent increases, or allow the oppressive actions of the owner or management intimidate you, meet with a professional.

Information, early in time, is the key to success.  Often times becoming informed can help you to avoid being on defense.  If you are not able to avoid litigation, then consult with an attorney who stands with tenants and defends their rights.

Don't Waste Time

When a tenant has a legal conflict with the landlord, there is often only a short period of time to act.  Under California law, landlords are usually required to give notice to tenants before they resort to legal action. 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.   Landlords enjoy a unique legal procedure, which is known as a summary proceeding.   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. Hesitation and uncertainty can lead to a loss of money, loss of security and the loss of your home. Don’t wait.  Schedule an appointment for a consultation  immediately to discuss your case.