Habitability
The owner is not responsible for repairs if the tenant is creating the damage or interferes with the owner’s ability to make repairs. If the tenant takes actions listed in CIV 1941.2 then the owner may be relieved of their repair responsibilities.
Engaging with a state agency for help with a repair problem brings two major benefits, but also a risk. Tenants dealing with structural problems or broken home systems (plumbing, heating, electrical) can contact City Code Compliance or County Code Compliance. Tenants dealing with pest animals or mold can contact County Environmental Health.
Benefits: First, the tenant is not alone in asserting their rights. Code enforcement agencies can order a landlord to make necessary repairs or face consequences from the agency. Second, any inspections made by an agency are public records. If the tenant needs evidence that their home is not up to legal standards, they can get copies of inspection reports from an agency that made the inspection. This is different from when the owner hires a private inspector to look at problems with the home. The inspection report is the property of the inspector and their client, the owner. The tenant has no right to a copy of a private inspection report.
Risk: If the repair problems are severe enough, the state agency in question will order the tenant to leave their home. However, under SC Municipal Code 21.03 (city residents) and SC County Code 8.45 (county residents), the tenant is entitled to relocation assistance money equal to 3 months of rent. Tenants get an extra month’s worth of assistance if they are given fewer than 30 days to leave their home. The property owner must pay them this money.
Tenancy Termination / Eviction
If a paper or electronic notice, please ask the tenant to send a copy to tsanctuaryvolunteer@gmail.com, or come by our office during normal hours to have a copy made.
CIV 1942.5 and County Ordinance 5410 protect tenants from retaliation – including eviction – after they have asserted any rights. If the tenancy termination / eviction attempt appears to be retaliatory, fill out the “Retaliation” section of this form.
Rent Increases
If a paper or electronic notice, please ask the tenant to send a copy to tsanctuaryvolunteer@gmail.com, or come by our office during normal hours to have a copy made.
See https://tenantsanctuary.org/2021/04/22/repairs-and-habitability-part-1/ for a description of CA rental habitability standards. If the conditions going unrepaired or neglected violate the CA standards, the tenant’s rights under Green v. Superior Court may be stronger.
CIV 1942.5 and County Ordinance 5410 protect tenants from retaliation – including rent increases – after they have asserted any rights. If the tenancy termination / eviction attempt appears to be retaliatory, fill out the “Retaliation” section of this form.
Retaliation
Security Deposits
CA CIV 1950.5(b) lists allowable reasons for security deposit deductions. Allowable reasons for withholding: unpaid rent, tenant-caused damage to the home beyond normal wear and tear, and cleaning to bring the home back to its state of cleanliness when the tenant first moved in. If the rental agreement allows, the deposit can be used to replace or repair things like furniture or fixtures that came with the home.
See https://tenantsanctuary.org/2022/09/25/privacy-and-your-right-to-quiet-enjoyment/ for specific information about the tenants rights around their rights to privacy, including disruptive conditions and landlord entry to the home.
For counselors: does the behavior the tenant is describing rise to the degree of anything described in CIV 1940.2 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1940.2.) or County Ordinace 5410 (http://clients-wpsetup.local/wp-content/uploads/2022/11/ORD-54103.pdf)? Feel free to tell the tenant you need to do some research on these laws and call them back, if you’re not familiar with them. Some info on the Civil Code is listed below.
If so, the landlord may be violating the law and the tenant can hold them responsible for between $100 and $2000 for each disruptive action, and three to nine times actual damages they suffer.
CIV 1940.2
– PEN 484: has the landlord stolen anything of the tenant’s or obtained something of value from the tenant by misrepresenting their rights as a landlord?
– PEN 518: has the landlord used force, fear, or misrepresentation of their rights as a landlord to obtain something of value from the tenant?
– Did the landlord violate the tenant’s privacy or peace and quiet by using, or threatening to use, force, willful threats, or menacing conduct in a way that made them feel they might be harmed?
– Did the landlord intentionally and significantly fail to give proper notice before entering the tenant’s home?
– Did the landlord threaten to share information related to a tenant’s immigration status, or that of an associate of the tenant?
– Did the landlord repeatedly issue notices to quit (3, 30, 60, or 90-day notices) or otherwise threaten eviction based on untrue claims or false pretenses?
– If the landlord’s behavior does rise to the level of anything listed above, the tenant might be able to deter the landlord from continuing to behave that way if the landlord learns they could be sued.
You might consider asking the following question:
Tenant Moving Out
For counselors:
– If the tenant wants to move out because of a lack of repairs, refer to the intake section on Repairs / Housing Conditions.
– If the tenant wants to move out because they, a household member, or an immediate family member is a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse or dependent adult abuse, they can. CIV 1946.7 allows victims of abuse that have a restraining order, a police report, or documentation from qualified third-parties to break their lease without owing additional rent. Tenants must provide at least 14-days’ notice of intent to terminate the tenancy, and after those 14 calendar days, the tenant is no longer responsible for rent. California Civil Code 1946.7(d). If the tenant vacates the apartment before the 14-days’ notice period ends, and the landlord re-rents the unit for that period, the landlord must refund the prior tenant rent for the those days in which the new tenant occupied the unit. California Civil Code 1946.7(d).
– If the tenant wants to move out because of privacy or harassment concerns, refer to the intake section on Privacy and Harassment.
– If the tenant wants to move out for other reasons:
A tenant on a rental agreement for a fixed term (like one year) can move out in the middle of the agreement, but the landlord can keep charging rent if they can’t find someone to take over the lease by the time the tenant moves out. They can also charge the tenant for reasonable costs associated with marketing the home for rent.
A tenant on a rental agreement that renews regularly (like month to month) can move out with as much notice as the length of their agreement. For example, a month to month tenant can move out with 30 days notice to the landlord, in writing.