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.
Subject: Urgent Concern Regarding Unlawful Self-Help by Landlord — Norwalk, California ------------------------------------------------ Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concern regarding an unsettling matter related to our rental property at [property address] in Norwalk, California. Specifically, I have recently become aware of potential instances where you may have employed unlawful self-help measures to gain possession of the premises. It is crucial that we address this matter promptly and in accordance with the law to ensure a fair resolution. Firstly, I want to clarify my understanding of unlawful self-help actions. According to the California Civil Code § 789.3, self-help is defined as any act undertaken by a landlord in an attempt to recover possession of the property without utilizing the legal eviction process prescribed by law. Such actions can significantly disrupt the tenant’s rights and liberties, potentially leading to financial and emotional distress. After conducting thorough research on the issue, I have discovered several specific types of unlawful self-help by landlords that they should refrain from engaging in: 1. Lockout or changing the locks: As a tenant, it is my right to privacy and peaceful possession of the rental unit. I understand that suddenly being locked out of the property or having the locks changed without proper notice or legal proceedings is an infringement upon those rights. 2. Shutting off utilities: Access to basic utilities, such as water, electricity, or gas, is essential for a safe and habitable living environment. It is critical to note that deliberately cutting off or interfering with these services in an attempt to force a tenant out is considered unlawful self-help. 3. Altering or removing personal property: My personal belongings inside the property, including furniture, appliances, or personal effects, are protected by law. I have observed instances where tenants' belongings have been tampered with or removed by landlords without a legal basis, which is a further violation of my rights. 4. Harassment or threats: Any form of harassment, coercion, or intimidation, directed at making the tenant voluntarily vacate the premises, is considered unlawful self-help. This includes verbal or written threats, frequent and unwarranted visits, or creating an atmosphere of discomfort with the intention of forcing an eviction. 5. Withholding essential services or amenities: It is my understanding that landlords have an obligation to provide necessary repairs and ensure that key amenities, such as heating, air conditioning, plumbing, and security measures, are functional. Withholding or refusing to maintain these services may fall under the category of unlawful self-help. I believe in fostering a mutually respectful and professional relationship, and I genuinely hope that any potential misunderstandings or miscommunications surrounding these matters can be resolved through amicable dialogue. However, if I find it necessary to escalate this matter, I will not hesitate to exercise my legal rights to protect myself and my tenancy. In light of these concerns, I kindly request that you immediately cease all activities that may be considered unlawful self-help. Additionally, I ask that you provide a detailed written response within [reasonable time frame] addressing each of the points raised in this letter and outlining the steps you will take to ensure that such actions will not be repeated in the future. I value our landlord-tenant relationship and hope that we can swiftly resolve this issue within the bounds of the law. I would appreciate your cooperation and prompt attention to this matter. Thank you for your immediate action on this matter. Sincerely, [Tenant's Name] [Tenant's Contact Information]Subject: Urgent Concern Regarding Unlawful Self-Help by Landlord — Norwalk, California ------------------------------------------------ Dear [Landlord's Name], I hope this letter finds you in good health and high spirits. I am writing to express my deep concern regarding an unsettling matter related to our rental property at [property address] in Norwalk, California. Specifically, I have recently become aware of potential instances where you may have employed unlawful self-help measures to gain possession of the premises. It is crucial that we address this matter promptly and in accordance with the law to ensure a fair resolution. Firstly, I want to clarify my understanding of unlawful self-help actions. According to the California Civil Code § 789.3, self-help is defined as any act undertaken by a landlord in an attempt to recover possession of the property without utilizing the legal eviction process prescribed by law. Such actions can significantly disrupt the tenant’s rights and liberties, potentially leading to financial and emotional distress. After conducting thorough research on the issue, I have discovered several specific types of unlawful self-help by landlords that they should refrain from engaging in: 1. Lockout or changing the locks: As a tenant, it is my right to privacy and peaceful possession of the rental unit. I understand that suddenly being locked out of the property or having the locks changed without proper notice or legal proceedings is an infringement upon those rights. 2. Shutting off utilities: Access to basic utilities, such as water, electricity, or gas, is essential for a safe and habitable living environment. It is critical to note that deliberately cutting off or interfering with these services in an attempt to force a tenant out is considered unlawful self-help. 3. Altering or removing personal property: My personal belongings inside the property, including furniture, appliances, or personal effects, are protected by law. I have observed instances where tenants' belongings have been tampered with or removed by landlords without a legal basis, which is a further violation of my rights. 4. Harassment or threats: Any form of harassment, coercion, or intimidation, directed at making the tenant voluntarily vacate the premises, is considered unlawful self-help. This includes verbal or written threats, frequent and unwarranted visits, or creating an atmosphere of discomfort with the intention of forcing an eviction. 5. Withholding essential services or amenities: It is my understanding that landlords have an obligation to provide necessary repairs and ensure that key amenities, such as heating, air conditioning, plumbing, and security measures, are functional. Withholding or refusing to maintain these services may fall under the category of unlawful self-help. I believe in fostering a mutually respectful and professional relationship, and I genuinely hope that any potential misunderstandings or miscommunications surrounding these matters can be resolved through amicable dialogue. However, if I find it necessary to escalate this matter, I will not hesitate to exercise my legal rights to protect myself and my tenancy. In light of these concerns, I kindly request that you immediately cease all activities that may be considered unlawful self-help. Additionally, I ask that you provide a detailed written response within [reasonable time frame] addressing each of the points raised in this letter and outlining the steps you will take to ensure that such actions will not be repeated in the future. I value our landlord-tenant relationship and hope that we can swiftly resolve this issue within the bounds of the law. I would appreciate your cooperation and prompt attention to this matter. Thank you for your immediate action on this matter. Sincerely, [Tenant's Name] [Tenant's Contact Information]
