Frequently Asked Questions:

I GOT A 3-DAY NOTICE TO PAY OR QUIT

If a landlord wants to evict a tenant who has not paid rent, they usually start by giving the tenant a Three-Day Notice to Pay Rent or Quit before filing the court case. These notices are not from the court and look different depending on the landlord. The notice may look something like this. If the landlord drafts the notice correctly, it will tell you how much money you owe and that you must pay it in three days or move out. The notice should also give you instructions on how to pay the rent: for example, by mail or in person.  

If you received a 3-day notice, owe the rent, and can pay it, make sure that you pay within the three days and can prove that you paid. For example, you can take a video if you pay in person and ask for a receipt. If you pay by mail, take a picture of your check or money order before you send it and send it by certified mail. Be sure to follow the payment instructions written on the three-day notice. 

At this stage, we also recommend taking pictures and video of any bad conditions in your home that your landlord has not fixed: any issues with your walls, floors, doors, windows, leaks, mold, infestation, or anything else your landlord has not fixed. You may need this as evidence if your landlord goes to court.

I RECEIVED A NO-FAULT EVICTION NOTICE. WHAT SHOULD I DO?

You can look for an attorney for advice about your notice here: https://www.lsc.gov/about-lsc/what-legal-aid/get-legal-help. You can also contact your local rent board or housing department if you have one. Please remember that there are no verbal eviction notices and that a legal notice must be presented to you on a piece of paper.

MY LANDLORD FILED AN EVICTION LAWSUIT AGAINST ME IN COURT.

If your landlord files a court case, they will present you with a packet of papers called the Summons and Complaint – Unlawful Detainer. It usually looks like this. 

Once you get the Summons and Complaint, you have five days to file a document called an Answer in court. The five days do not include the day you are handed the packet, weekends, and court holidays. If you do not file the Answer in time, you can automatically lose the case, so it is very important to meet this deadline. 

To find an attorney to help you with your eviction case, we recommend that you go to https://www.lsc.gov/about-lsc/what-legal-aid/get-legal-help .

If you cannot find an attorney to help you within the five days, you can create your own answer using the Tenant Power Toolkit and file it with the court. If you are eligible, the Tenant Power Toolkit will also prepare a fee waiver so you will not need to pay to file your answer. 

AM I PROTECTED BY RENT CONTROL OR JUST CAUSE FOR EVICTION PROTECTIONS?

To see if you qualify for state or local protections, visit TenantProtections.org. You can also call your local housing department. 

I RECEIVED A RENT INCREASE NOTICE. CAN MY LANDLORD RAISE MY RENT THIS MUCH?

Go to TenantProtections.org to check whether the property is covered by state rent caps or local rent control. 

WHO SHOULD I CONTACT IF MY RENTAL UNIT NEEDS REPAIRS?

Your landlord is the first person you should contact. Ask for repairs in writing through an email, text message, or your rental portal. Keep a copy for yourself. If your landlord refuses to accept your written request, send your landlord or property manager a letter through certified mail.

HOW DO I REQUEST REPAIRS THROUGH A LETTER?

There are no magic words that you need to say to request repairs. Just be sure that your letter has the date and lists the issues in your unit. If you asked for the repair before, you can say something like, “I am writing to follow up on the conversation we had last month about the broken window.” Be sure to keep a signed and dated copy of your letter and your mailing receipt. You can use the example here to notify your landlord of issues.

WHAT IF MY LANDLORD DOESN'T MAKE REPAIRS AFTER RECEIVING MY LETTER?

If your landlord refuses to make repairs, you should contact your city or county’s code enforcement department. Otherwise, you should contact your local housing department to obtain the number for your local code enforcement agency. All cities are required to have a department that will inspect tenants’ units and issue citations to landlords when repairs are needed. 

WILL MY LANDLORD RAISE MY RENT OR TRY TO EVICT ME IF I ASK FOR REPAIRS?

In California, it is illegal for a landlord to retaliate against you for asking for repairs or contacting code enforcement. It is important to have all your complaints in writing so that if your landlord tries to evict you, they can’t claim that you did not complain. While some landlords do illegally retaliate, these same landlords often attempt to raise rents or evict even when you do not request repairs. A tenant with these slumlords may be more protected by making legal complaints (which trigger retaliation protections) instead of remaining silent. Failing to report serious issues can also result in legal problems with landlords.

WHAT RIGHTS DO I HAVE AS AN IMMIGRANT TENANT?

It is illegal for a landlord to threaten to disclose or actually disclose a tenant's immigration status to anyone, including law enforcement or ICE, in order to harass, intimidate, retaliate, or influence the tenant to move out.

It is also illegal for a landlord to ask a tenant to provide information about their immigration status to rent a property, unless the property participates in a special federally subsidized program that requires this information. A landlord is allowed to ask for identifying information like a social security number or ITIN in order to do a credit check or verify the tenant’s identity as part of the application.

OTHER RESOURCES 

Our statewide hotline is also 1-888-428-7615.

I need help finding an attorney. 

I want more information about statewide tenant rights. 

I’ve been served eviction papers and have been unable to find an attorney to represent me.

ACCE Tenant Clinics