Tenant Rights

In practically every renting situation, landlords have an advantage over their tenants. Due to their knowledge of lease agreements, understanding of laws, and experience with the eviction process, landlords have a tremendous amount of control over tenants.

Tenants are not usually familiar with the rules (or laws) that regulate their tenancy. Most are intimidated by their landlord. Tenants don’t want to jeopardize:

  • Losing their home;
  • Being evicted; and,
  • Facing the landlord’s lawyer without money for their own.
This is intimidating and unfair. That’s why there are so many legal protections for tenants. Our legislature understands this disadvantage of renting, and has made laws to protect unwitting renters.

Our “Tenants Rights” section is devoted to providing helpful information to tenants to educate and help recognize ways to defend their rights.

Many landlords feel they are in charge of the property, and therefore in charge of the tenant. This is a serious misconception. When a landlord rents a property to a tenant, they are also allowing THE TENANT control of that property – to use without interference.

As tenant advocates, we aim to provide answers that may assist with all landlord-tenant matters, including evictions.

It’s always best to try and reach an agreement with the landlord for whatever issues that may exist. However, there are times when communication or agreements are not available.

In the event there is a breakdown in communication with the landlord, or there may be situations where the landlord’s actions are questionable, the information in this section may prove useful.


THEY CAN'T LOCK YOU OUT

California Civil Code §789.3 - No Landlord Lockouts, Shut off Utilities

THEY CAN'T INTRUDE

California Civil Code §1954 – landlord entering dwelling/property

THEY CAN'T PUSH YOU AROUND

California Civil Code §1940 – Unlawfully influencing tenant to leave

TENANT ENTITLED TO QUIET ENJOYMENT OF PROPERTY

California Civil Code §1927 - A Tenant Has The Right To Quiet Enjoyment Of Rental Property Without A Landlord’s Interference

THEY CAN'T FORCIBLY ENTER OR DETAIN POSSESSIONS

California Penal Code §418 - It Is Illegal To Forcibly Enter A Property Or Detain A Tenant’s Personal Possessions

THEY HAVE TO FIX IT

California Civil Code §1942 - A Tenant Has The Right To Prompt Response To Request For Repairs

FILE A COMPLAINT

Report health problems, building code violations, and substandard conditions to local agencies.

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(800) 390-9397