J. Scott Weaver - California Tenants Rights

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23rd Edition

California Tenants Rights

Attorney J. Scott Weaver

TWENTY-THIRD EDITION JULY 2022

Editor JANET PORTMAN

Book Design SUSAN PUTNEY

Cover Design SUSAN PUTNEY

Proofreading SUSAN CARLSON GREENE

Index VICTORIA BAKER

Printing SHERIDAN

ISSN: 2771-4705 (print)

ISSN: 2771-4713 (online)

ISBN: 978-1-4133-2967-4 (pbk)

ISBN: 978-1-4133-2968-1 (ebook)

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Please note

Accurate, plain-English legal information can help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professionaland well always point out situations in which we think thats a good ideaconsult an attorney licensed to practice in California.

J. Scott Weaver, an attorney and coauthor of California Tenants Rights, has been a San Francisco tenant and housing activist for over 40 years. Hes spent the last 30 years exclusively representing San Francisco Bay Area tenants. Scott has litigated several hundred tenant cases involving eviction, wrongful eviction, and habitability issues (including mold, asbestos, and bed bugs), and has brought tenant class action lawsuits. He has taught landlord-tenant law at various legal education seminars.

What do you do when your landlord refuses to fix the leaky roof, reneges on a promised parking space, or threatens you with eviction? You might be merely annoyed by the discomfort or inconvenience, or intimidated by the fear of losing your home, but in any case youre probably unsure of your rights under the law. This book is the answer.

California tenants enjoy some of the most innovative and thoughtful landlord-tenant protections in the country, but to take advantage of them, you need to know what they are. Here youll learn the bottom line on your rights as a renter, including rent control and eviction protection, privacy, adequate notice of rent increases and terminations, repairs, fair housing, antiretaliation protection, security deposits, and more.

Armed with the information in this book, you can confidently negotiate with your landlord when you sign a lease or rental agreement, knowing whats what in the way of permissible lease terms. Later, as your tenancy continues, youll know what you can legally expect from the landlordand how to enforce your rights if you need to.

Youll learn about your responsibilities, too. For example, if your landlord wont perform important repairs, you have the right to withhold rent payments but only if youre current on the rent.

The second half of this book is devoted to eviction defense, which will help you if youve been handed a termination notice and have to decidequicklywhat to do next. Should you fight the termination, and risk eviction, or just move out? Its not always an easy decision.

Even if you win, the toll on your time, energy, and wallet will be significant. And winning is never a sure thing, even if youre sure you have a solid legal defense and can prove it. All bets are off once you turn your fate over to a judge or jury. If you lose, youll have an eviction on your record, which might make it very hard to rent another place to live. Its not illegal for landlords to flatly refuse to rent to people who have lost an eviction lawsuit, and many do just that.

If you do decide to fight the eviction, well guide you through the court process. We provide samples of the official forms, explain how to fill them out, and tell you where to file them.