Martinez Law Center

  Are you scared? Understanding Your Tenant Rights in Cases of Unfair Eviction Tenants in California have the right to sue their landlord in civil or small claims court if they are unlawfully evicted. If a tenant sues for eviction, they can claim that the eviction was unlawful as a defense or counterclaim.  In the event of a tenant's eviction, they may be able to sue for damages such as:  👉  Fees for the court 👉  Legal expenses 👉  Damages for wrongdoing 👉  Decrease in the rent-controlled unit's worth 👉  Transportation expenses and mandatory relocation levies 👉  Feeling down and out For damages and the right to reoccupy the unit, tenants might file a lawsuit. A court can provide the renter compensation if it can be shown that the landlord behaved with malice.  The time restriction for filing a case alleging wrongful eviction in California is two years following the eviction.  Additional protected behaviors that tenants can ...

  Distinguishing Damages vs. Wear and Tear as a Tenant Deduction The law of California is explicit in the same manner. The proprietor may deduct any past-due rent from the security deposit of the tenant. Property damage restoration services for damages caused by factors other than normal deterioration. The following are distinctions between damages and wear and tear: Small holes In general, a few minor nail or tack flaws are regarded as typical signs of deterioration. Large holes in the walls, however, constitute injury. Scuffs Small scratches and marks are typically regarded as ordinary signs of deterioration. On the other hand, substantial scuffs, traces made with crayons or markers, or deep indentations/scratches generally indicate the need for repair. The stains Furniture impressions or matted carpets are signs of wear and strain. Stains or burns on carpeting constitute injury. Walls with substantial discoloration are damaged. A paint Wear and strain is the cause of paint yello...