TROUBLEMAKING TENANTS?

A BALANCE OF POWER

Just who is a troublemaker?

The tenant who would like . . .

• Working plumbing?
• Heat?
• An adequate number of garbage containers?
• A building free of rodents?
• Protection from flooding?
• Reasonable PG&E bills?

Or a property manager who fails to or only partially provides for these things?

Most state legislatures realize that there is an unfair bargaining power between landlords and tenants.  Many state legislatures have created laws to encourage greater fairness in landlord tenant relations.

For example, in California, the law can protect a tenant against retaliation from a landlord if the tenant legitimately complains to:

·         A building inspection department,

·         A government agency.

·         Or advocates on behalf of other tenants.

See California, Cal. Civ. Code sec. 1942.5 to learn more about our state’s anti-retaliation statue which was enacted to encourage tenants to report legitimate issues relating to habitability, building code violations, and necessary repairs.  If we rent property, we are entitled to working electrical outlets, plumbing, adequate sanitation, and to full disclosure about utilities. 

A tenant can use the anti-retaliation statue both as a “sword” and a “shield.”  That is, one can bring suit against the landlord (sword) and use the statute to shield oneself as a defense against eviction.

And any eviction that is done to retaliate against the tenant for making legitimate complaints is both wrongful and illegal.

DISCLAIMER:   Legal issues are frequently complex and individual.  The information contained on this blog is not legal advice nor does it create an attorney client relationship between the viewer/reader and the writer of this blog.  For legal advice, please consult an attorney who practices landlord tenant law.