This form covers the subject matter described in the form's title for your State.This is a letter written by the Tenant to the Landlord explaining that the law generally provides that as Landlord he/she may regain possession of the leased premises in accordance with the terms of the lease by Tenant surrendering possession, or by appropriate court action, or based on Tenant's abandonment of the property. This letter is designed to put Landlord on notice that he/she is not permitted to use other illegal means to gain repossession of the premises.
[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, Zip Code] Subject: Use of Unlawful Self-Help to Gain Possession of Property Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring to your attention a concerning matter regarding the possession of the rental property located at [Property Address] in Rialto, California. It has come to my knowledge that you have engaged in actions constituting unlawful self-help in an attempt to gain possession of the property without following proper legal procedures. 1. Introduction: Firstly, I would like to emphasize the importance of addressing rental disputes through legal channels when a landlord seeks to gain possession of a property. Unlawful self-help refers to actions taken by the landlord that bypass these legal procedures, leading to potential violations of the tenant's rights. This letter aims to highlight the specific instances where I believe you have engaged in such unlawful behavior. 2. Instances of Unlawful Self-Help: a) Lockouts and Property Seizure: On [Date], I arrived at the property to discover that my key no longer operated the locks, and the locks had been changed without any prior notice or legal process. Such lockouts are considered unlawful self-help actions and are prohibited under the California Civil Code section 789.3. b) Utilities Disruption: On multiple occasions, I have experienced abrupt disconnection or termination of essential utility services such as water, electricity, and gas. These actions amount to unlawful self-help and violate California's habitability laws, which require landlords to provide functional utilities throughout the duration of tenancy. c) Harassment and Intimidation: I have noticed a series of unwarranted visits, phone calls, and messages from you or your representatives, which I find intrusive and designed to pressure me into vacating the premises. Such harassment tactics go against the tenant's rights and create a hostile living environment. 3. Legal Repercussions: Please be aware that engaging in unlawful self-help actions carries serious legal consequences for landlords. As a tenant, I have the right to seek legal remedies and may pursue various courses of action, including but not limited to: a) Filing a complaint with the Rialto Housing Department, outlining the specific instances of unlawful self-help and requesting their intervention. b) Engaging legal counsel to protect my rights and seek damages for any losses, inconveniences, and emotional distress caused by the unlawful self-help actions. c) Withholding rent payments in accordance with California Civil Code section 1942, which allows tenants to withhold rent when landlords fail to provide essential services or engage in unlawful actions. 4. Solution and Compliance: I kindly request that you cease all unlawful self-help actions immediately and adhere to the prescribed legal procedures for gaining possession of the property, should that be your intention. I expect an acknowledgement of this letter within [reasonable time-frame], along with assurance that such actions will not recur. Additionally, I urge you to initiate open and proactive communication channels to address any concerns or disputes that may arise during our tenant-landlord relationship. By embracing a fair and transparent approach, we can foster a mutually beneficial and harmonious rental experience. Thank you for your prompt attention to this matter. I trust that you will take the necessary steps to rectify the situation and prevent any further infringements upon my rights as a tenant. I look forward to resolving this matter amicably and maintaining a respectful tenant-landlord relationship. Yours sincerely, [Your Name][Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, Zip Code] Subject: Use of Unlawful Self-Help to Gain Possession of Property Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring to your attention a concerning matter regarding the possession of the rental property located at [Property Address] in Rialto, California. It has come to my knowledge that you have engaged in actions constituting unlawful self-help in an attempt to gain possession of the property without following proper legal procedures. 1. Introduction: Firstly, I would like to emphasize the importance of addressing rental disputes through legal channels when a landlord seeks to gain possession of a property. Unlawful self-help refers to actions taken by the landlord that bypass these legal procedures, leading to potential violations of the tenant's rights. This letter aims to highlight the specific instances where I believe you have engaged in such unlawful behavior. 2. Instances of Unlawful Self-Help: a) Lockouts and Property Seizure: On [Date], I arrived at the property to discover that my key no longer operated the locks, and the locks had been changed without any prior notice or legal process. Such lockouts are considered unlawful self-help actions and are prohibited under the California Civil Code section 789.3. b) Utilities Disruption: On multiple occasions, I have experienced abrupt disconnection or termination of essential utility services such as water, electricity, and gas. These actions amount to unlawful self-help and violate California's habitability laws, which require landlords to provide functional utilities throughout the duration of tenancy. c) Harassment and Intimidation: I have noticed a series of unwarranted visits, phone calls, and messages from you or your representatives, which I find intrusive and designed to pressure me into vacating the premises. Such harassment tactics go against the tenant's rights and create a hostile living environment. 3. Legal Repercussions: Please be aware that engaging in unlawful self-help actions carries serious legal consequences for landlords. As a tenant, I have the right to seek legal remedies and may pursue various courses of action, including but not limited to: a) Filing a complaint with the Rialto Housing Department, outlining the specific instances of unlawful self-help and requesting their intervention. b) Engaging legal counsel to protect my rights and seek damages for any losses, inconveniences, and emotional distress caused by the unlawful self-help actions. c) Withholding rent payments in accordance with California Civil Code section 1942, which allows tenants to withhold rent when landlords fail to provide essential services or engage in unlawful actions. 4. Solution and Compliance: I kindly request that you cease all unlawful self-help actions immediately and adhere to the prescribed legal procedures for gaining possession of the property, should that be your intention. I expect an acknowledgement of this letter within [reasonable time-frame], along with assurance that such actions will not recur. Additionally, I urge you to initiate open and proactive communication channels to address any concerns or disputes that may arise during our tenant-landlord relationship. By embracing a fair and transparent approach, we can foster a mutually beneficial and harmonious rental experience. Thank you for your prompt attention to this matter. I trust that you will take the necessary steps to rectify the situation and prevent any further infringements upon my rights as a tenant. I look forward to resolving this matter amicably and maintaining a respectful tenant-landlord relationship. Yours sincerely, [Your Name]
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
