San Diego Tenant Rights: An Overview
In San Diego, like in most cities across the United States, landlords must abide by a variety of laws and regulations that protect the rights of tenants. Some in-depth knowledge about these laws can save you money as well as making you a more informed tenant.
A key focus of California rental law is the notion that all homes, apartments, condos, and other dwellings rented to tenants must be fit for human habitation. In other words, renting of substandard housing is against the law in San Diego. This habitability requirement essentially mandates that a home or apartment is safe and suitable for occupancy. All units must have regular heat and hot water, plumbing, electricity, and a working stove (with oven). Additionally, if the premises are furnished, there must be adequate sanitation and cleaning facilities, such as screening and doors on windows, as well as a heating appliance and lawfully required ventilation.
Privacy is another important aspect of a tenant’s rights. San Diego and California law provide tenants the right to exclusive possession of a rental unit. Meaning, that a landlord cannot just show up at any time, without prior notice, and enter the unit. Basically, a landlord cannot walk in whenever they feel like it, and that goes for any workers, repairmen, pest control, or others acting on behalf of the landlord. However, there may be times when a landlord or someone they have hired will need access to the unit. In these cases, San Diego law requires the landlord to provide reasonable notice. For example , a 24-hour notice is generally required for repairs, showing the unit to prospective tenants, and termination of utilities (e.g., electricity and water) for a day.
The security deposit laws is another area where many misunderstandings occur. It’s also one of the most common tenant complaints. Many assume that a landlord can take the entire deposit for anything they choose. But California law prohibits the landlord from making deductions for unclean carpets, walls, cabinets and appliances. Although the costs to clean and restore the property can be deducted from the deposit. Additionally, many landlords place unreasonable move-out requirements on the tenant. Only normal wear and tear should be considered. An example would be excessive stains on carpeting and flooring due to spills or smoking. Unlawful deductions include general cleaning like dusting shelves, removing nails and tacks, and wiping cabinets. Also, a move-out inspection is required in California. After giving the tenant a 48 hour notice, the landlord must meet the tenant at the rental unit to conduct a move-out checklist: Because of the complexity of California’s landlord/tenant laws and San Diego’s local ordinances, it is often hard to bring a claim against a landlord or manager. Hiring an attorney is often cost prohibitive. But if you have (or are about to have) a dispute with your landlord or a manager, a telephone interview and consultation should indicate whether you may have a case. Many attorneys will evaluate your case with a free phone call without pressure or obligation.
Where to Access Free Legal Aid for Tenants
In the San Diego area, there is a plethora of free legal assistance organizations available to the public. Legal Aid Society of San Diego provides free legal assistance services to low-income families. Their attorneys serve as advocates and advisors for low-income individuals and families in the San Diego region. Some areas they help with are eviction as well as foreclosure and other issues.
If you are a landlord involved in a dispute with your tenant, consult with a real estate attorney. The majority of landlords approach these matters with a superficial knowledge of landlord-tenant law. But even if you are not familiar with how California Legislature defines the "abode," or where to search for information about your rights as a lessor, a good real estate lawyer has sufficient expertise to fight for you.
The Tenant’s Union of San Diego County is a non-profit tenants advocacy organization. The Union provides resources, such as pamphlets, to help tenants better understand their legal rights, along with legal representation. Their website also provides information on rental rights and obligations for tenants throughout the state.
Another new resource for low-income tenants seeking assistance is the Housing Justice Program. Lawyers from various firms work pro bono to represent tenants who have been unlawfully evicted or sued for nonpayment of rent by their landlords. The program has existed for many years. Its current iteration resulted from a combination of existing litigation projects, some run out of legal aid and some by private counsel, into a single entity aimed at helping tenants throughout San Diego.
If you are a renter in need of an apartment or studio, the Tenant Locator, created by the Tenant’s Union of San Diego County, features more than 700 free rental listings. Listings include available room shares, subleases, and rentals.
Another good resource is Tenants Together. This nonprofit organization is a California renters’ rights group. Their mission is to protect and advance the rights of California’s residential renters. They provide comprehensive education and advocacy services free of charge. Tenants Together works with dozens of organizations throughout California to empower renters.
1-800-899-0500 – This is a 24-hour call service for all San Diego legal aid organizations. All calls will get instructions to proper resources.
Tenant Vulnerabilities in San Diego and Legal Aid
For every tenant, there are pressing concerns and issues that may arise. Unfortunately, not all of them can be solved through friendly discussion and negotiation. Though there are numerous potential problems, one of the most common is an eviction notice. California law allows landlords to evict tenants for non-payment of rent or lease violations. The landlord must give tenants the required notice. A 30-Day Notice to Pay Rent or Quit can be issued by landlords when tenants are behind on their rent. Landlords may legally evict tenants that have not paid their rent in 14 days within 5 days after the expiration of the notice period. To regain possession of the rental premises, a summary unlawful detainer lawsuit for forcible entry of a dwelling is filed in the civil court. Depending on the notice given by the landlord, tenants have from 3 to 30 days to file their response to the court. If no response is filed by the tenant, the landlord may file an application for a judgment by default. If a response is filed, a trial is then set. If the unlawful detainer plaintiff prevails in the case, the unlawful detainer judgment can be enforced to obtain possession of the rental unit of the plaintiff-titled party. Landlords can apply to the court for a Writ of Possession also known as an Alias Writ of Possession which gives the local sheriff the legal authority to enforce the judgment. On the Writ of Possession, the landlord will provide the name(s) and address(es) of the individual(s) who is/are authorized by the court to enforce the judgment. When the requested names and addresses are provided by the landlord, the sheriff does not require a court order authorizing them to enforce the judgment. The sheriff simply attaches the Alias Writ of Possession to the summons and enforces the judgment.
Some other common problems faced by tenants are disagreements over security deposit returns and lease agreement violations. In order to get their security deposits back, tenants must be in compliance with their lease agreement. If a landlord has not withheld anything from a security deposit, the landlord is obligated to give the tenant his or her money back within 21 days. This is only a requirement of the state of California and only if the contract or lease agreement does not say otherwise. If a landlord withholds anything from the tenant’s security deposit, they must have a legally acceptable reason to do so. However, if tenants have violated any of the terms outlined in the lease agreement, a landlord may find it lawful to withhold some, all or none of their security deposit. It is illegal for a landlord to charge for "reasonable wear and tear."
All tenants in California have legal remedies if their landlord fails to follow any part of the law governing implied duties in landlord-tenant relationships. Tenants could give their landlords a legally acceptable notice to fix the problem. If tenants do not want to give their landlords a chance to fix the problem, they could submit an action in small claims court against the landlord. Tenants may also hire an attorney for their case. Tenants may ask a judge to allow them to pay their rent to the court until the landlord fixes the problems. Tenants may also ask the court to issue an injunction requiring their landlords to fix the problems. Lastly, if a tenant won their case against their landlord, they might be entitled to compensatory damages or attorneys’ fees.
How to Prepare for a Legal Meeting
While many people naturally assume that legal services in San Diego (or anywhere else) will cost a bundle, there is a wide variety of free legal aid available to residents throughout the area. Depending on your particular concern, you may be able to take advantage of your free legal advice before moving forward with a more formal arrangement with a qualified attorney. For example, many tenants are unsure about their rights when dealing with dispute issues. If you have never been faced with housing problems in the past, you could quickly become confused by the entire process.
So how can you prepare for a legal consultation or an information meeting? One way is to plan ahead, so that when you do meet with legal aid representatives or attorneys, you will be able to present your matter clearly and concisely. Try to compile all relevant documents, including letters, notices, agreements, and any photographs (if applicable) . If you have not already, start writing down your account of the issue. This will help you remember details and also give the person reviewing your matter an idea of whether or not your situation merits legal intervention.
Remember to bring all necessary documentation with you to the meeting. Be clear about why you are seeking free legal aid — and what your expectations are. For example, you might be considering filing suit against your landlord because they are late paying for repairs to the property. Do you expect them to pay you back all expenses related to the lawsuit? Will an attorney draft up a letter or a settlement proposal to try and avoid having to actually file anything in court? Being clear on what you want will help both you and your advisor come to the right conclusion for your needs and interests carefully.
Self-help Legal and Online Resources
For tenants seeking immediate legal information and support in San Diego, a number of online resources and self-help tools are available. One of the most comprehensive sites for California tenants is the Department of Consumer Affairs’ "Tenants’ Rights to Security Deposits," which covers the legal limits on deposits, discusses what can be taken out of those deposits, and explains the procedure landlords must follow to return them. The Department of Justice also has a San Diego landlord-tenant guide, which explains lease agreements, payment of rent, and eviction procedures and rights.
Courthouse booths are available at each San Diego courthouse, and each booth has free computers for use by the public. Each station has internet access and a full array of forms so tenants can conduct their legal research at their own convenience, or file a tenant notice against a landlord.
Protecting Yourself as a Tenant in San Diego
One of the best preventive measures you can employ is to keep clear and accurate records of all communications with your landlord. Use a notepad to jot down the date and details of any conversations, but always keep the originals of any written correspondence, such as notes or letters from the landlord. This will give you a much clearer picture of your relationship with your landlord if you ever find yourself in a dispute about it (regardless of whether the dispute is legitimate or not.)
Be sure to check your lease carefully and familiarize yourself with all of its provisions. A legitimate rental arrangement should have no hidden costs or terms – if it does , you should be able to leverage that knowledge to come to an amicable arrangement with the landlord. Again, however, an important part of an attorney-client relationship is being able to establish the facts and circumstances supporting your argument.
If you feel your landlord has violated the terms of your rental agreement or any other law in regards to your tenancy, consult an attorney as swiftly as possible to discuss your options. In San Diego, free legal advice and services are available to tenants through the Betty T. Ferguson Law Center.