What is the Warranty of Habitability?

All residential leases in California have an implied warranty of habitability. This means that the landlord must do necessary maintenance to the apartment throughout the period of the lease and ensure it is “tenantable.” Before 1974, tenants were viewed as acquiring a...

What is Common Law Retaliation?

Common law retaliation is any action taken by a landlord against a tenant that is not codified as retaliatory under California statutory law. For example, if a landlord serves the tenant with a three-day notice to quit within 180 days after the landlord has been...

What is Statutory Retaliatory Eviction?

There are two types of retaliation eviction. The first kind is known as statutory retaliation and the second is common law retaliation. The landlord has burden of proving the basis for the eviction, e. g., nuisance. What happens if the landlord’s alleged reason for...

What happens at an unlawful detainer (eviction) trial?

The process of evicting a tenant is called an unlawful detainer. The Legislature enacted special statutes which make unlawful detainer actions different from other court cases. The statutes provide for a trial within a short period of time and limit the issues that...

What is ‘Reasonable Accommodation’?

A landlord cannot discriminate because of a disability. The landlord must make reasonable accommodations for his tenant. An apartment falls under the requirements of the federal Fair Housing Act. The Fair Housing Act does not require that a tenant’s request for a...