Long Beach California Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant

State:
California
City:
Long Beach
Control #:
CA-1038LT
Format:
Word; 
Rich Text
Instant download

Description

This form covers the subject matter described in the form's title for your State. This form is from a Tenant to Landlord providing Landlord with legal notice of his/her failure to-date to return all of the prepaid but unearned rent. Because Tenant's departure resulted from Landlord's breach of Lease Agreement and/or other wrongful conduct contrary to applicable landlord-tenant law, Tenant is demanding a refund of all prepaid but unearned rent.

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FAQ

Does my landlord have to provide alternative accommodation? A landlord is only required to provide alternative accommodation if the tenancy agreement says it must be provided. If it's not part of the contract, you won't have to pay rent if the property becomes uninhabitable.

Units are exempt if they are restricted to be affordable for low- or moderate-income residents. A single family home is exempt unless it's owned by a real estate investment trust (REIT), a corporation, or an LLC where one of the members is a corporation.

If a landlord does not return the entire amount of the tenant's security deposit within the 21 days required by law, and the tenant disputes the deductions from the deposit: The tenant can write a letter to the landlord explaining why he or she believes he or she is entitled to a larger refund.

Under the Rent Stabilization Ordinance (RSO), a landlord is only required to pay monetary relocation assistance payments to tenants being evicted through no fault of their own. Without a RSO cause, a tenancy may not be terminated.

The tenants must serve a notice on the landlord accepting the offer to purchase the building. This is known as a Section 6 acceptance notice. If the tenants fail to accept the landlord's offer within the specified period of time, the landlord is then free to sell the building to a third party.

In California a landlord is required to provide a safe living environment for the tenants and the law has been established under the California Civil Code. The failure of a landlord to provide such conditions can lead to violation of the law and impose civil and, at times, even criminal liability upon the landlord.

Under Los Angeles' rent control, the landlord CAN require the tenant to move temporarily, but only if the landlord finds and pays in advance for the hotel or other temporary accommodations, food, and incidental expenses, and the tenants have a defined return time.

State law protects tenants from ?no cause? evictions until July 1, 2021 by extending the eviction protections in AB 1482. Your city or county may also have passed stronger protections than state law for other types of evictions or even for tenants who can't pay rent.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

Starting January 1, 2020 AB 1482, the ?California Tenant Protection Act,? took effect. This new legislation provides statewide tenant protections including limits on rent increases, protections from evictions without cause, and relocation fees for no-fault evictions. AB 1482 does not effect units subject to the RSO.

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Long Beach California Letter from Tenant to Landlord for Failure of Landlord to return all prepaid and unearned rent and security recoverable by Tenant