Frequently Asked Questions
Tenants should read a lease contract before signing it. You can negotiate any terms in the contract/agreement (as everything is negotiable). If the agreement to rent was negotiated in a language other than English, you can request a translated version of the lease/contract.
The price for a rental application was originally limited to $30, plus a yearly increase that matches the rise in the Consumer Price Index (CPI). As of December 2023, property owners can charge a maximum amount of $62.02.
The amount charged cannot be used for profit and must only cover the cost of processing the application.
***Reference : California Civil Code Section §1950.6
Yes, the property owner/manager is required to provide you with a copy of the lease once signed. If they don’t, you should request a copy that is fully executed (meaning all your and their signatures are on it).
If you lose or misplace your copy, you have the right to request a fully executed copy from the property manager/owner one time (1x) per year. Upon request, they are required to provide you a copy within 15 days of making the request. We recommend making the request in writing to prove you made it.
To protect your security deposit, it’s important to understand that for you to receive your deposit back, you must return the unit in relatively the same condition you received it, minus normal wear & tear.
So when moving into a new apartment it’s incredibly important that you do an initial walk-through, taking photos, videos and documenting the state of the apartment as it was when it was turned over to you. This allows you and the owner/manager to have reasonable expectations of how the apartment should look when you turn it in upon moving out. Attempt to do this with the owner/manager present. Create a document report from the initial inspection, along with photos if possible. Provide the owner/manager a copy of your inspection report with photos. Send via certified mail for documentation purposes.
When moving out, be sure to give a proper 30-day written notice and schedule a move-out inspection 2 weeks prior to your move-out date. These steps should ensure that the owner/manager has ample time to sort out their affairs (get a new tenant), and will allow you to address any issues that come up during the inspection in order to avoid deductions. Get a copy of the inspection in writing or generate your own and provide them with a copy as with the initial inspection.
*In all inspection reports, be sure to note time, date, address and any persons present during the inspection.
As per Civil Code Section 1950.5, your owner/manager is required to refund your deposit and/or give you an itemized statement of any cleaning or repairs that they intend to charge to your deposit within 21 days after moving out.
Some reasons the owner/manager may deduct from your rent include:
Rent that is owed
Apartment is less clean than when the tenant moved in
Rental is damaged beyond normal wear and tear
Keys or furniture are not returned or damaged.
If your Security Deposit is NOT returned and/or you haven’t received an itemized statement of deductions, write a letter and send via certified mail, requesting your security deposit or their reason for withholding, in the form of an itemized statement along with receipts of costs. If the owner/manager does not comply, your last resort is to take them to Small Claims court.
The security deposit in California includes key deposit, cleaning costs, new tenant processing fee as per CCC §1950.6, and pet deposits. Rental application fees are not included in the security deposit.
The maximum security deposit for unfurnished and furnished apartments is up to 1 month's rent. This rule does not apply to “Mom & Pop” landlords who own 4 or less units. Landlords can increase the security deposit with a 30-day notice if the lease allows it, and the increase cannot be more than the maximum allowed by law. Rental application fees are not included in the security deposit.
The norm is to pay rent on the 1st of every month. However, in certain circumstances, we have seen that tenants have been able to negotiate a different due date because of reasons like when they get paid or receive their income.
Your rent payment due date is determined by your lease contract. Generally, there is a grace period allowed after the actual due date but be sure to verify in the rental lease contract for the exact date.
Keep in mind that you are entitled to receive rental payment receipts regardless of how you pay rent - always be sure to get a receipt of rental payment to protect yourself.
The best ways to pay rent is with a check, money order, cashiers check…a way you can directly prove rent was paid. If you pay by direct deposit be sure there is a way to prove the payment was for monthly rent and which month it is being paid for. We recommend NOT to pay in cash!
Yes, a property owner/manager can charge you late fees for late rent payments. However, you can only be charged late fees if they are stated in your lease contract.
Additionally, California regulations require that the late fees charged are a reasonable calculation of expenses incurred by the property owner/manager as a result of your payment being late; late fees cannot be purely punitive.
At the time of application, late fees are something that can also be negotiated and request the owner/manager show the financial burden if a payment is received late
Effective Jan 1st, 2020, California passed the Tenant Protection Act (TPA aka AB 1482) which did provide ‘rent caps’ to some qualifying types of residential properties. This generally applies to properties with 3+ units built at least 15 years ago. Here is a link to verify if you qualify for protections under the Tenant Protection Act (AB 1482 Toolkit by Tenants Together).
The rent cap is 5% + the rate of inflation (determined by the Consumer Price Index usually taken during the month of August) or 10%, whichever is less. Also, the TPA offers Just Cause protections and with the passing of SB 567, further regulates evictions in the case of “Substantial Remodeling” & “Owner Move-in”.
Keep in mind that you might also have rent control protections as regulated by your county or city. These protections may be even stronger than the TPA.
California regulations require that property owners/managers provide proper notice with at least a written 30 day notice for rent increases less than 10% and at least 60 days notice for increases more than 10%.
For those who qualify for protections under the Tenant Protection Act, rent increases are limited to 5% plus your local CPI (Consumer Price Index), OR 10% – whichever of these sums is lower. Additionally, your county or city may have additional rent control protections, which may be stronger than AB 1482. We recommend that you consult a local housing agency or tenant organization to confirm what your maximum allowable rent increase may be.
If you do not qualify for rent control or statewide rent cap protections, there is no limit to how much your rent can be increased.
In California, how often an owner/manager can increase your rent depends on whether your rental unit is subject to local rent control laws or the statewide rent cap law (California Tenant Protection Act of 2019).
Under the California Tenant Protection Act (TPA), rent increases are generally limited to once per 12-month period. If the rent increase is less than that allowable by TPA, it can be increased 2x in a year so long as the sum of both increases is not more than the amount allowed.
Local rent control laws might have stricter limits. Some cities allow for smaller annual increases, or may restrict rent increases to once a year as well.
If your rental is not covered by these laws (for example, single-family homes and newer buildings often have exemptions), then there might be fewer restrictions on how often and how much rent can be increased, but the owner/manager must still provide proper notice. Also, if you rent a mobile or manufactured home, you may not be protected from rent or space rent increases. For these properties, you may have to investigate further.
It’s important to check both local ordinances and the specifics of your rental situation to get an accurate answer.
To determine how much time you have left to answer your UD, consider the following:
When you are served a UD in person, you have 5 days, beginning the very next day (not including weekends or holidays observed by the court). The 5th day is your last day to respond.
If you were mailed the UD, you have 15 days to answer, beginning the day after it is dated. The first 10 of those 15 days include weekends and holidays.. Given this can be tricky or uncertain on exact dates It's always best to reply within 5 days.
If you receive an Unlawful Detainer (UD), we suggest you find legal representation immediately because upon receiving the Unlawful Detainer from the court, you have 5 business days (not including holidays) to respond to the action (which means you file an ‘Answer’ with the court) and if you don't, you can default judgment in favor of the owner. If you have legal representation, they can help file the answer for you. You can also file an answer on your own and then look for representation (see below)
After filing your answer, you will just wait for the court to send a court date/trial notice and then you will go to court (hopefully with your attorney) where the judge will decide the outcome of parties and or reach a settlement.
For free legal representation you can contact Stay Housed LA. They may be backed up with calls so if they are not able to serve you quickly, you can choose to have us connect you to a low cost attorney.
Due to the fact that most of the nonprofit organizations that are supporting tenants with evictions are completely overwhelmed, we are referring people to use this online tool to help you file your answer electronically (within LA County) here: www.tenantpowertoolkit.org
After filing your answer, you will just wait for the court to send a court date/trial notice. In the meantime, if you do not have an attorney yet, you should look for an attorney to represent you.
You can contact Stay Housed LA in hopes they can assign you free legal representation ( https://www.stayhousedla.org ) 1-888-694-0040
Or you can try to find a low-cost private attorney
Most cases that go to court are asked to settle the case between both parties; if a settlement does not happen then you may go to a jury trial
To find your local reporting agencies, a good place to start may be to call the Department of Consumer and Business Affairs of Los Angeles County. (800-593-8222).
Other cities may have their own tenant anti-harassment ordinances, so you may want to contact your local City Hall and inquire if they have an existing protections against harassment of tenants.
In Los Angeles County there are anti-harassment and retaliation protections for all unincorporated residential tenants, mobile home spaces and commercial tenants.
Violations of the ordinance bring penalties of $2,000 - $5,000 per violation. If the tenant is 62 years old or older or is disabled, the court may award an additional $5,000 per violation. Each violation of the ordinance, and each day such violation is committed, permitted, or continued, is a separate offense.
So, if you feel you are being harassed you should:
Make a complaint to the Department of Business and Consumer Affairs
For Complaint call 800-593-8222
Hours are 8-4:30 pm Monday-Friday
Write a letter to the owner/manager documenting the violation and complaint so you have proof of the issue and complaint
Anti-Harassment Ordinance
The Tenant Anti-Harassment Ordinance protects tenants from landlord harassment, which may also include other conduct not mentioned below. Landlords are prohibited from doing the following acts if done to harass the tenant:
Taking away services provided in the lease (housing services).
Refusing to do required repairs.
Entering the apartment without proper notice.
Threatening a tenant with physical harm.
Attempting to coerce the tenant to move-out with offer(s) of payments.
Using lies or intimidation intended to make a tenant move out.
Threatening or serving an eviction notice based on false reasons.
Intentionally disturbing a tenant’s peace and quiet.
Refusing to accept rent payment.
Inquiring the immigration or citizenship status of a tenant.
Threatening to disclose immigration/citizenship status information about a tenant.
Threatening to disclose tenant information to a gov’t agency to influence them to move.
Engaging in activity prohibited by federal, state, or local housing anti-discrimination laws.
Threatening/interfering with tenant organizing activities (tenant associations and unions).
Interfering with a tenant’s right to privacy.
If you believe you are being harassed, call LAHD:
1-866-557-7368 or
File a complaint online by clicking here
*Violation of the ordinance can be either a criminal misdemeanor (up to 6 months in jail or a $1,000 fine for each offense), or a civil violation (damages, rent refunds for reduction in housing services, reasonable attorney’s fees and costs, fine of up to $10,000 per violation, or tenant relocation)
Link to City of Los Angeles Ordinance
It is your right to have a safe and healthy home; It is the owner/manager’s responsibility to provide a safe and healthy home. If you have bad living conditions, you have the right to do the following:
Always request repairs and maintenance in writing (best by certified mail)
Write a Letter:
List all the repairs requested
Take and include photos
Sign, date and make copies
Send via certified mail
Email:
Only if the email address being used is used as a work related email address or if you can get confirmation email was received
Online:
Print a copy of the request or take a screenshot of the computer to prove you made the request
Text:
Its OK to do by text, but not the best option
After making the request for repairs or maintenance, if it is not an emergency, then a reasonable amount of time to wait is approximately 30 days. If it is an emergency, like a non-functioning toilet or heater, then you can request immediate attention.
If you do not receive a response, you have the following options:
Contact your local health department, code enforcement or building and safety and make a request for inspection and report
Repair and Deduct
You can hire someone to make the repairs and deduct the cost from your rent. However, the repair costs must be less than one month's rent. You can only do this twice (2x) a year, and you must notify the property owner/manager before deducting the rent, usually 30 days in advance. This action is risky and may lead to the owner(s)/manager(s) attempting to evict for nonpayment of rent.
Withhold 100% Rent
In extreme cases, you can withhold the entire rent. You must notify the property owner/manager before withholding the rent, usually 30 days in advance. But be cautious, as this action is risky and may lead to the owner(s)/manager(s) attempting to evict for nonpayment of rent.
Although in California you have the right to choose from either of these options, they can be risky. So, take precautions such as let the owner(s)/manager(s) know in advance you plan to take these actions and do so in writing to prove you informed them of your plans. Documentation will be super important in these circumstances.
The first step before making a report, is to contact your owner/manager and make a request to have the issue addressed. Always make requests via writing, preferably by certified mail. If a situation is urgent and you must call, it’s best to still follow up with a written request. After a reasonable amount of time has passed and your owner/manager has not fixed the issue, you may then move forward with reporting to a local agency.
The County of Los Angeles Public Health Department has jurisdiction over all unincorporated parts of LA County as well many cities within LA County. You can make a report to their District Surveillance and Enforcement Branch by phone 1-888-700-9995 or on their online form.
For those in the cities of Long Beach, Pasadena and Vernon, these cities are not under the County jurisdiction and have their own reporting agencies. To find your local reporting agencies, a good place to start may be to call your respective City Hall/City Clerk.
For all other cities, you may be able to contact your local Code Enforcement or the Department of Building and Safety, to request an inspection and development of a report. Request what steps you need to take to get a copy of the report.
To make a report regarding code violations and/or living conditions for a multifamily rental property such as a duplex, apartment house, rooming house or bungalow complex, contact the Los Angeles Housing Department (LAHD). You may submit the report online here: lacity.org/ReportViolation, or by phone: 866-557-RENT (7368).
To make a report for properties containing only one dwelling/house or residential condominiums, contact the Department of Building and Safety at 888-LA4-BUILD or 888-524-2845.
Notices to Vacate | Terminate Tenancy
The CA Tenant Protection Act (TPA) [aka AB 1482] is in effect from January 1st 2020 - 2030. It states that a tenant cannot be asked to vacate without JUST CAUSE (A good reason). There are NO FAULT reasons and AT FAULT reasons that fall under JUST CAUSE.
AT Fault reasons include, but are not limited to:
Failure to pay the rent
Violating the lease
Committing a nuisance
Committing Waste
Damaging the property, etc.
No Fault reasons include:
The property owner or their family wish to move in to the unit, or
The property owner withdraws the rental from the market
An order is issued by a court or government agency that requires a tenant to vacate,
The property owner wishes to demolish or substantially remodel the unit.
"Substantial remodel" refers to significant changes in a building's key systems like structure, electricity, plumbing, or machinery. These changes require permits from the government and would require tenants to leave for at least 30 days due to safety concerns. Simply painting or making small or cosmetic repairs that doesn't require the tenant to leave, doesn't count as substantial remodeling.
If you are asked to vacate for a NO FAULT reason, you are entitled to 1 month’s rent for relocation assistance. In the form of monetary compensation or offered the last month’s rent free. The notice for NO Fault MUST clearly state the reason AND explain your rights to relocation assistance.
Minimum required notice period If you’ve lived in the apartment for…
LESS than 1 year = 30 Day Notice
MORE than 1 year = 60 Day Notice
3 Day Notice to Pay or Quit: This notice is usually issued if you owe rent or any portion of the rent.
The notice should have an address and telephone number of the owner/manager, as well as days of the week and times when payment can be made. You cannot be asked for more than 1 year worth of rent.
3 Day Notice to Cure or Quit: This notice is usually issued if it is believed you have violated a term of the lease or house rules. It gives you 3 days to correct the alleged violation.
3 Day Notice to Quit: This notice is usually issued when it is believed there has been an incurable violation, such as illegal activities. Some exceptions may include, but not limited to: victims of domestic violence.
This notice may also be issued after a 3 Day Notice to Pay or Quit or to Cure or Quit.
24 Hour Notice to Enter: CA law permits owners/managers to enter for the following reasons only:
Emergencies
The tenant moved or abandoned the unit
Make necessary repairs, maintenance, etc.
Show the unit to prospective tenants/buyers
Judgment
The owner/manager should provide reasonable notice to the tenant in writing before entering the premises only can enter during business hours (M-F, 8 a.m. - 5 p.m.) In general, reasonable notice is a complete 24 notice in writing.
Other Notices
(Days NO LONGER include weekends or holidays)
**All notices must be either mailed (via post office) to you or posted on your front door
First, there are several nonprofit legal organizations that you may be able to reach out to. You can do a google search for tenant attorneys to find these organizations that work in LA County. These nonprofits often provide free or low-cost legal services to those who qualify.
Some of them may include, but not limited to: BASTA, Legal Aid Foundation of Los Angeles (LAFLA), Bet Zdtek, Eviction Defense Network (EDN), Neighborhood Legal Services of LA County (NLSLA), Housing Rights Center (HRC), Public Counsel, InnerCity Law Center, Los Angeles Center for Community Law and Action (LACCLA)
You can reach out to us for a list of attorneys in LA County, using our “Contact” page. Please note that these attorneys are not affiliated with the Healing and Justice Center, so you will need to contact them directly to confirm their fees and availability.
Additionally, you can explore options by contacting your County or City government for information on local Legal Aid Organizations.
For FREE legal assistance in Los Angeles County, especially if you received a 3 Day Notice or Unlawful Detainer (UD), you may also contact Stay Housed LA at 1-888-694-0040 or visit their website at www.stayhousedla.org. They may be able to refer you to a low cost attorney
Small Claims court is a special court where disputes are resolved quickly and inexpensively. The person who sues is the plaintiff. The person who is being sued is the defendant. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer at court. This is between the plaintiff [you] against the defendant. Your claim cannot exceed $10,000. If you have a claim for more than that amount, you may sue in the civil division of the trial court.
Here is a Document to help you better understand the processes and procedures and it also includes links to forms you will need to fill out.
Basic Process & Procedures:
Fill out your court forms
Pay Filing Fees
Serve the person you are suing
The Small Claims Hearing
For additional resources and information, click on the document provided
Whether or not you are entitled to relocation assistance (and how much) will depend on which tenant protections you are covered by. If you need assistance learning more about your specific tenant protections, you can call our Tenant Hotline # (888) 758- 8516 and leave a message and we will get back to you as soon as possible or fill out our online INTAKE located in our wedsite https://www.healingandjusticecenter.org/advocacy
Some tenant protections that require rental assistance include:
Under the Tenant Protection Act (AB 1482), qualifying tenants would be eligible for 1 months rent of rental assistance, in the form of either cash or 1 month free of rent or the last month waived. You can refer to Tenants Together’s AB 1482 Tenant Toolkit, to help you determine your eligibility.
For units covered by the LA City Rent Stabilization Ordinance, are owed relocation assistance for no-fault evictions reasons. You can refer to the Relocation Assistance Bulletin or directly to the LAHD website to learn more about the different no fault reasons and relocation amounts.
Unincorporated Los Angeles County: The Rent Stabilization Program covers the Rent Stabilization and Tenant Protections Ordinance and the Mobilehome Rent Stabilization and Mobilehome Owner Protections Ordinance, which limit rent increases and protect against eviction without ‘just cause’ for most rental units and mobile home spaces.
To learn more, contact the Department of Consumer and Business Affairs at LAcounty/RentStabilization or 800-593-8222.
Incorporated Cities: Many incorporated cities have permanent tenant protections in place. It is important to contact your local city hall for more information and to find out if there are any protections offered by your city.
RSO- Under LAMC 151.31, a tenant has the following rights when considering a Buyout Offer:
The right to not accept. A tenant is not required to accept a Buyout Offer and the landlord may not retaliate against a tenant for not accepting the offer. The right to consult an attorney and/or LAHD – A tenant has the right to consult an attorney, legal agency or LAHD before deciding to accept a Buyout Offer or to seek assistance to cancel it. You also have a 30 day right to rescind. A tenant may rescind the Buyout Agreement at any time during the thirty days after the agreement has been signed by both the landlord and tenant. The right to rescind at any time if the Buyout Agreement does not comply with the LAMC Section 151.31. A Buyout Agreement can be rescinded, if it does not meet the specifications required under LAMC 151.31 and if this Disclosure Notice is not signed by the landlord and the tenant.
It’s important to know any situation is negotiable. You can refer to https://housing.lacity.org/residents/rso-overview
At the Healing and Justice Center, we are committed to supporting tenants in any way our capacity and funding permit. . As of this post (Aug 2024), our organizing and advocacy efforts are mostly voluntary and donations help us subsidize the cost of our staff’s time.
While we do not currently offer guaranteed and comprehensive services for tenant organizing, we are here to assist you with knowing your rights and, connecting you with local Tenant Unions and, when possible, provide guidance to tenants who are passionate about organizing within their buildings.
No, we are not attorneys…yet! Nor do we currently have any attorneys on staff.
The Healing and Justice Center is a nonprofit organization dedicated to providing information and education on tenant rights. Our goal is to empower tenants with the knowledge they need, offering publicly available information about the law, relevant tenant protections, assistance in advocacy, writing letters, mediation and connecting you with legal services when necessary.
Please note that the information we provide is intended to educate and inform, and should not serve as legal advice.