Orange California Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory threats to evict or retaliatory eviction

State:
California
County:
Orange
Control #:
CA-1063LT
Format:
Word; 
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Description

This is a form from a Tenant to Landlord in response to Landlord's threat to evict Tenant from the premises. Tenant is contending that Landlord's threat to evict is retaliatory in nature and was done so in response to Tenant's actions as specified in the form. This form complies with state Housing Laws.

Dear [Landlord's Name], I hope this letter finds you well. I am writing to address a matter of great concern regarding the recent incidents that have taken place, specifically your retaliatory threats to evict me or carry out a retaliatory eviction. As a tenant residing in Orange, California, I believe it is crucial to maintain a harmonious and respectful relationship between landlords and tenants. I have been a loyal and responsible tenant since [move-in date], maintaining the property in excellent condition and adhering to all terms and conditions of our lease agreement. However, I have noticed a series of actions that suggest a retaliatory motive on your part. Retaliation, as defined by the laws of Orange, California, includes any acts taken by a landlord to evict or retaliate against a tenant for exercising their legal rights. Firstly, I have to bring to your attention your recent threat of eviction, which was made directly after I submitted a complaint regarding the faulty plumbing system in the property. According to California state law, retaliation of this nature is strictly prohibited. Furthermore, it has come to my attention that there have been several unannounced visits to the property by contractors and maintenance personnel, seemingly in an attempt to intimidate or harass me. These frequent intrusions violate my privacy and disrupt my peaceful enjoyment of the premises, constituting another form of retaliatory eviction. I trust that you are fully aware of your obligations as a landlord under Orange, California's laws and the terms outlined in our lease agreement. Therefore, it is crucial that we address these issues promptly and maintain a fair and respectful landlord-tenant relationship. In light of the above, I kindly request that you cease all retaliatory threats of eviction or any other forms of retaliatory eviction immediately. I expect that you will uphold your responsibilities as a landlord and ensure my right to live in the property without fear of retaliation for exercising my rights. Please consider this letter as an official notice to cease retaliatory behavior. I kindly request a written response within [specify a reasonable timeframe, e.g., seven days] acknowledging your commitment to cease any further retaliatory actions and to maintain a positive landlord-tenant relationship moving forward. Should the retaliation continue or any further action be taken against me in this manner, I will be compelled to seek legal recourse to protect my rights as a tenant under the laws of Orange, California. Thank you for your prompt attention to this matter. I hope that we can resolve this issue amicably and maintain a mutually respectful relationship. Sincerely, [Tenant's Name] [Tenant's Contact Information]

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FAQ

Landlord harassment is illegal in California. California Civil Code Section 1940.2 specifically forbids a landlord to force a tenant out of their home by: Displaying ?forceful, threatening, willful, or menacing conduct? towards you or your guests.

The kinds of retaliatory acts covered by California law include terminating a tenancy or filing an eviction lawsuit; increasing the rent; or decreasing services, such as locking the laundry room. California state law presumes retaliation if the landlord acts in these types of negative ways within 180 days of the date

Can Tenants Sue Landlords for Emotional Distress? In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm. Still, the right to file a suit does not mean the court will agree and award damages.

Tenant harassment is when a landlord knowingly takes actions that cause harm to a tenant and serve no lawful purpose ? including repeated acts that substantially interfere with the comfort, peace or quiet enjoyment of a tenant's rental unit.

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave. Harassment can include: stopping services, like electricity. withholding keys, for example there are 2 tenants in a property but the landlord will only give 1 key.

The Tenant Protection Act of 2019 (AB 1482) restricts rent increases in any 12-month period to no more than 5% plus the percentage change in the cost of living (CPI), or 10%, whichever is lower. For increases that take effect on or after Aug. 1, 2022, due to inflation, all the applicable CPIs are 5% or greater.

According to California Civil Code 827(b), a landlord must give the tenant at least a 30?day advance notice if the rent increase is equal to 10 percent (or less) of the rent charged at any time during the 12 months before the rent increase takes effect.

According to AB-1482, the Tenant Protection Act of 2019, the maximum that landlords can raise rents in California is 5% per year, plus the percentage change in the cost of living according to the consumer price index, or 10% of the lowest rent increase at any time during the 12 months (whichever is less).

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A Landlord's action is retaliatory where the landlord is punishing the tenant for the tenant's exercise of a legal right. Retaliatory actions and evictions .Having a written record is the best way to assert your rights and protect yourself against landlord retaliation. These DO NOT substitute for legal advice! Prohibits retaliatory evictions, with some limitations.172. Whenever a tenant gives the landlord notice of the tenant's intention to repair and deduct,. Landlord-Tenant Frequently Asked Questions. Landlords and tenants have legal rights and responsibilities. What kind of notices does the landlord need to provide to the tenant? Missing: Orange ‎California

Codes, Title 11. Residential Landlord×Landlord-Tenant Law (California Government Code) 11362 – 907878: Landlord not required to provide notice of intent to terminate; if tenant fails to pay for work, Landlord-Landlord Frequently Asked Questions, Landlord-Tenant Rules, Notice of Eviction. Redundant: Orange ‎California Codes, Title 12. Landlord-Tenant Law (California Government Code) 1236 – 101212: Failure to return rental property if no landlord returns rental property; landlord must give tenant 2 days notice; Landlord-Tenant Frequently Asked Questions, Landlord-Tenant Rules, 10-day Notice to Quit. Suspicious: Orange ‎California Codes, Title 13.

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Orange California Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory threats to evict or retaliatory eviction