ZigaForm version 5.5.1

Instructions

We recommend keeping a journal with details of the harassment you experienced including times, place, and dates of the occurences. Keep this somewhere safe. You might use it later.

This form will help you create a letter to send to your landlord. Enter as much information as you have below, if there are answers you don’t know, leave them blank and fill them in later after you print it out. After you fill out the information and click ‘Submit’, you’ll be able to print the letter, save it, or send it to yourself via email. 

The information you provide here will NOT be saved in any database. We do this to protect your identity, privacy, and safety.


Review your letter

{today_date}

{ landlord_name }
{ landlord_address }

Re: {general_issue} at {tenant_address}

Dear { landlord_name }

I am a tenant at {tenant_address}.

I am writing to let you know that there is currently no {utility not working} in my unit, and it has been this way since {time of shutoff} on {date of shutoff}.

  • Electricity
  • Gas

It is illegal for the landlord to shut off a tenant’s utilities. CA Civil Code Section 789.3 states that any landlord who willfully causes the interruption or termination of any utility is acting wrongfully and is liable for damages. The tenant can sue the landlord for actual damages or loss of property as well as for additional damages related to suffering caused by the shutoff and can be awarded reasonable attorney fees. I am considering taking legal action immediately. Additionally, under California law, after a power shut-off, I am able to transfer the PG&E account for the building to my name for which I will not be responsible for paying the balance you owe prior to the power shut off. Should I take this course of action, I will deduct the amount I pay in energy utility from my rent.  

I am covered under the Oakland Tenant Protection Ordinance. Under the Oakland TPO, landlords or landlords’ agents are prohibited from interrupting or terminating housing services, including utilities, in bad faith. Any owner or owner’s agent, contractor, subcontractor, or employee who violates the Oakland TPO is liable for treble actual damages, including emotional distress damages if the owner or owner’s agent acted in knowing violation or in reckless disregard of the TPO. 

Moreover, I also have the option to file a petition with the rent adjustment program for the reduction of services.

I am writing to you because on {lockout_date} you locked me out of my home. What you did is illegal under California Civil Code section 789.3(b)(1). I called the Oakland Police Department and they came out and assisted me in this matter.

{lockout_police_event}

Lockouts and utility shut-offs are crimes for which a landlord can be arrested and jailed. I am demanding that you stop any and all forms of harassment. I want to inform you that if you follow through with another lockout you will leave me no choice but to start a legal claim against you.

I am writing to inform you that I am protected under Civil Code section 789.3, which states that you may not lock me out of my unit. The law states that “a landlord cannot prevent the tenant from gaining reasonable access to the property by changing the locks or using a bolt lock or by any other similar method or device.” This is an illegal form of evicting me in addition to being a harassment tactic.

If you lock me out of my unit, I will contact the police and be forced to pursue legal action against you. 

This letter is in regard to the unlawful harassment that I have been experiencing. It is illegal under the California AB291 Immigrant Tenant Protection Act to intimidate a tenant out of their unit by using their status against them. It is illegal for you to threaten to report me to immigration authorities in retaliation for engaging in legally protected activities or as a way to influence me to leave the unit. This law also makes it illegal for you to ask questions about my immigration status in a court process. 

I am demanding that you stop any and all forms of harassment. If you do not cease this unlawful harassment, I will be forced to file legal action against you.

I am writing to inform you that you have illegally entered my place of residence at {tenant_address} on:

{ datetime_entry_repeater }

I am a protected tenant under California Civil Code 1954. Under this code, if you wish to enter the premises, you are required to provide me with a written notice at least 24 hours in advance and can only request to enter the premises for specific reasons. In addition, any visits need to be made only during normal business hours. Should you continue to violate my rights, I will be forced to take legal action against you.

I am writing to inform you that you have illegally entered my place of residence at {tenant_address } on:

{ datetime_entry_repeater }

I am a protected tenant under both CA law and the Oakland Tenant Protection Ordinance. Under the law, you are required to provide me with a written notice at least 24 hours in advance, can only request to enter the premises for specific reasons and can only enter during normal business hours unless I consent otherwise. Should you continue to violate my rights, I will be forced to take legal action against you.

I am writing to inform you that you have illegally removed my possessions from my place of residence at {tenant_address} on {date_removed_property}. I am a protected tenant under:

the Oakland Tenant Protection Ordinance.

Under these protections, it is illegal for you to remove my personal property. You removed: {items_removed_repeater}. Should you continue to violate my rights, I will be forced to take legal action against you for harassment.

California Civil Code 789.3, 1952, and 1940.2.

Under these protections, it is illegal for you to remove my personal property. You removed: {items_removed_repeater}. Should you continue to violate my rights, I will be forced to take legal action against you for harassment.

I am writing to inform you that you have offered me payments to vacate since {date_payments_vacate} when you {coerce}.

I told you I am not interested on {date_payment_vacate_no}. 

Under the Oakland Tenant Protection Ordinance (TPO), landlords or landlords’ agents are prohibited from offering payments to a tenant to vacate after the tenant has notified the owner that the tenant does not want to receive further offers of payments to vacate.  Any owner or owner’s agent, contractor, subcontractor, or employee who violates the Oakland TPO is liable for treble actual damages, including emotional distress damages if the owner or owner’s agent acted in knowing violation or in reckless disregard of the TPO.

If you do not cease this unlawful harassment, I will be forced to file legal action against you. I may file legal action against you for the harassment that has already occurred.

This letter is in regard to the unlawful harassment that I have been experiencing. The harassment started {quiet_date} and it has included:
{quiet_how}

I am demanding that you stop any and all forms of harassment. It is a violation of:

California Civil Code 1940.2 that states it is unlawful for you to interfere with my right to a quiet enjoyment of the property.

If you do not cease this unlawful harassment, I will be forced to file legal action against you.
Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

Oakland’s Tenant Protection Ordinance that states it is unlawful for you to interfere with my right to a quiet enjoyment of the property.

If you do not cease this unlawful harassment, I will be forced to file legal action against you.
Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

This letter is in regard to your unlawful refusal to accept or acknowledge receipt of my rent payment.

I am demanding that you stop any and all forms of harassment. It is a violation of Oakland’s Tenant Protection Ordinance that states it is unlawful for you to “Refuse to cash a rent check for over thirty (30) days unless a written receipt for payment has been provided to the Tenant”. Therefore, I ask that from now on, including this last payment, I receive a written receipt of my rent payment. I’m also asking you to acknowledge the last rent payment I paid on {refuse_payment_last_payment} by sending me a written receipt.

If you do not cease this unlawful harassment, I will be forced to file legal action against you.
Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

I am demanding that you stop any and all forms of harassment. It is a violation of the California Code of Civil Procedure §2075 that states it is unlawful for you to withhold a receipt for my rent payment. Therefore, I ask that from now on, including this last payment, I receive a written receipt of my rent payment. I’m also asking you to acknowledge the last rent payment I paid on {refuse_payment_last_payment} by sending me a written receipt.

If you do not cease this unlawful harassment, I will be forced to file legal action against you.
Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

This letter is in regard to your unlawful refusal to cash my rent payment for the month of {not_cashed_month}.

I am demanding that you stop any and all forms of harassment. I am protected under Oakland’s Tenant Protection Ordinance and refusing to cash my rent payment is a violation of this ordinance which states that you are obligated to cash my payments within 30 (thirty) days.

If you do not cease this unlawful harassment, I will be forced to file legal action against you.

Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

This letter is in regard to your violation of my right to privacy and quiet enjoyment of my home:

{privacy_interference}

 

I am demanding that you stop any and all forms of harassment. Under the Oakland Tenant Protection Ordinance, I have a right to privacy and you are obligated to keep any of my personal information private and safe.

If you do not cease this unlawful harassment, I will be forced to file legal action against you. I may file legal action against you for the harassment that has already occurred.

Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

I am demanding that you stop any and all forms of harassment. Under California law and under the Oakland Tenant Protection Ordinance, I have a right to privacy and you are obligated to keep any of my personal information private and safe.

If you do not cease this unlawful harassment, I will be forced to file legal action against you. I may file legal action against you for the harassment that has already occurred.

Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

This letter is in regard to your repeated acts or omissions that interfere with my comfort, repose, peace, and quiet.

{ommissions_details}

I am demanding that you stop any and all forms of harassment. I am protected under Oakland’s Tenant Protection Ordinance which states that it is illegal for you to repeat acts or omissions that interfere with my comfort, repose, peace, and quiet that cause, are likely to cause, or are intended to cause me to vacate my unit or to surrender or waive any rights in relation to my occupancy.

If you do not cease this unlawful harassment, I will be forced to file legal action against you.

Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

This letter is in regard to your repeated inaction to complete necessary repairs that I have previously requested in writing:

{ignore_repairs_repeater}

I am demanding that you stop any and all forms of harassment by addressing my repair concerns immediately. I am protected under Oakland’s Tenant Protection Ordinance which states that you are required to perform repairs and maintenance as stated by contract or by State, County or municipal housing, health or safety laws. Moreover, you are obligated under law to exercise due diligence in completing repairs and maintenance to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.

If you do not cease this unlawful harassment by addressing my concerns immediately, I will be forced to file legal action against you. Failing to provide me a habitable unit goes against my rights as a tenant and I have the right to enforce them.

This letter is in regard to your interruption/failure to provide my unit with {housing_service_detail}. You’ve failed to provide me this service since {housing_service_interrupted_date}. Please note that under Oakland’s Tenant Protection Ordinance, it is considered harassment if the landlord is “Interrupting, terminating, failing to provide or threatening to interrupt, terminate or fail to provide housing services required by contract or by State, County or municipal housing, health or safety laws”.

If you do not provide me with {housing_service_detail} immediately, I will be forced to file legal action against you. Failing to provide me with this housing service is going against my rights as a tenant and I have the right to enforce them.

This letter is in regard to the repairs you started making on {fail_repairs_date} in my unit. While making these repairs, I believe you’ve exposed my unit to {fail_repairs_exposed} by {fail_repairs_exposed_actions} 

This can impact my health in the following ways: 

{affecting_health_details}

Please note that the Tenant Protection Ordinance of Oakland states that you are obligated under law to exercise due diligence to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts. This includes temporary relocation arrangements if necessary. 

If you do not cease this unlawful harassment by addressing my concerns immediately, I will be forced to file legal action against you. Failing to provide me a habitable unit, even when completing repairs, goes against my rights as a tenant and I have the right to enforce them.

This letter is in regards to your attempt to influence me to vacate my unit.

{influence_vacate_details}

I am demanding that you stop any and all forms of harassment. I am protected under Oakland’s Tenant Protection Ordinance which states that it is illegal for you to repeat acts or omissions that interfere with my comfort, repose, peace, and quiet that cause, are likely to cause, or are intended to cause me to vacate my unit or to surrender or waive any rights in relation to my occupancy.

If you do not cease this unlawful harassment, I will be forced to file legal action against you.

Thank you for your attention to this serious matter. In the future, I would appreciate any communication from you to be done so in writing.

 

other_reason_details

Lastly, please be advised that California law prohibits retaliation against me for exercising my rights under the law.

Thank you for your attention to these matters.

Sincerely,

________________________

{tenant_name}

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Shutoff Details
Utilities
Lockout Details
Details
Date and time of landlord entering unit
Details
Items removed
Details
How did the landlord try to coerce you?
Details
Details
Details
Details
When (date) and how (details) did the landlord/property manager interfere?
Details
When and how did the landlord interfere?
Details
When and how has the landlord ignored repairs?
Details
Details
Details
Details
When (date) and how (details) the landlord/property manager is retaliating against you
Details

Most units in Oakland are covered by Just Cause. However, if you live in any of the following, then you ARE NOT covered by Oakland Just Cause.

  • A unit built after December 31st 1995 (If you're not sure, call the County Assessors and they can tell you very quickly) OR
  • You live in the same unit as your landlord, and you regularly share a kitchen or bathroom with the landlord, OR
  • A hospital, skilled nursing facility or healthcare facility OR
  • A nonprofit facility where the primary purpose is short-term treatment for drugs or alcohol, and you were told that the facility was temporary/transient when you moved in, OR
  • A nonprofit facility with a structured living environment where the primary purpose is to assist homeless folks in building skills for independent living, where occupancy is limited to a specific/limited time not greater than 24 months, and you were told that the facility was temporary/transient at the beginning

Effective May 1, 2018, the Oakland Tenant Move-out Ordinance (TMOO, O.M.C . 8.22.700 et seq.) states that landlords must do the following if they wish to offer a tenant compensation to vacate their rental unit:

1) The owner must file a Pre-Move Out Disclosure Certification Form with the Rent Adjustment Program prior to entering into Move Out Negotiations.
2) The owner must give a Disclosure Notice to the tenant prior to entering into Move Out Negotiations. The owner must also file the executed Move Out Agreement with the Rent Adjustment Program within 45 days of the tenant and landlord signing the Move Out Agreement.

Tenants also have these rights under the Move-out Ordinance:
1) The right to not accept - A tenant is not required to enter into a Move Out Agreement or engage in Move Out Negotiations, and:
-The landlord may not retaliate against a tenant for not accepting the offer. 
-Offering payments to a tenant to vacate more than once in six (6) months after the tenant has notified the owner in writing that the tenant refuses to enter into a Move Out Agreement or engage in Move Out Negotiations constitutes harassment under the Tenant Protection Ordinance.

2) The right to consult an attorney before entering into a Move Out Agreement or engaging in Move Out Negotiations.
3) The right to rescind - A tenant may cancel the Move Out Agreement at any time during the twenty-five (25) days after the agreement has been signed by both the landlord and tenant, unless the parties agree in writing to a shorter period of no less than fifteen (15) days . During this time, the tenant may cancel the Agreement as long as the tenant has not moved out, and the decision to cancel is agreed upon by tenants who are part of the Move Out Agreement.
4) Extended right to rescind within six months if the Move Out Agreement does not meet the specifications required under the Ordinance.
5) Relocation amounts for 2020-2021: Move out agreements must be for greater than the amount of the relocation payments to which the tenant may be entitled under Oakland, state, or federal law. The Uniform Relocation Ordinance requires owners provide tenants displaced by code compliance activities, owner or relative move-ins, the Ellis Act, and condominium conversions with relocation payments. The payment amount depends on the size of the unit and adjusts for inflation annually on July 1st. The base payment amounts until June 30, 2021 are:

$ 7,308.37 per studio/one bedroom unit
$8,994.92 per two bedroom unit
$11,103.10 per three or more bedroom unit

Tenant households in rental units that include lower income, elderly or disabled tenants, and/or minor children are entitled to a single additional relocation payment of two thousand five hundred dollars ($2,500) per unit from the owner.
6) Right to return: Tenants have an option or right to return to their Rental Unit after certain no-fault evictions, such as code compliance evictions after the repairs are completed or Ellis evictions if the units are re-rented. Waiver of these rights, if applicable, may make a Move Out Agreement more valuable.
7) Market rents may be much higher in your area and you may want to check rents for similar rental units before entering into a Move Out Agreement, particularly a Move Out Agreement that removes any options or rights to return to the rental unit that may exist for you.
8) Payments from a Move Out Agreement may be taxable. You should consult taxing authorities or a tax professional for more information or advice on taxability.
9) Public records: Move Out Agreements and documents related to Move Out Agreements that are submitted to the City may be public. The City may redact personal information to the extent possible. Parties of a Move Out Agreement should be notified that information may become public disclosure.

You are covered by Oakland Rent Control UNLESS you live in one of the following:

  1. Housing where your rent is subsidized and/or regulated by the government, including:
    1. A building managed by Oakland Housing Authority (OHA) or the Department of Housing and Urban Development (HUD),
    2. A unit where your rent is subsidized by Section 8 or another government entity (even if the property is privately owned)
  2. A hotel, motel, inn, or boarding houses AND you have not occupied the unit for more than 30 days (if you have been there more than 30 continuous days, you ARE likely covered by rent control)
  3. A unit or room in a hospital, senior home, extended care facility, convent, monastery or school dormitory
  4. A unit or room in a non-profit cooperative owned, occupied & controlled by the residents
  5. A building built on or after January 1, 1983 (Don’t know? Call the County Assessors at 510-272-3787 and ask them to tell you the year the unit was built and the effective date),
  6. A substantially rehabilitated building, IF the owner applied for exemption to rent control before October 20, 2017, and received a certificate of exemption from rent control
  7. A single-family home or a condominium sold separately AND you moved in after 1995

Most tenants in Oakland are covered by the Tenant Protection Ordinance! However, if you live in any of the following, then you ARE NOT covered by the Tenant Protection Ordinance (TPO) in Oakland.

  • A hospital, skilled nursing facility, or health facility
  • A nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse, where you were been told in writing that the housing was temporary/transitional when you moved in
  • A nonprofit facility which provides a structured living environment that has the primary purpose of helping houseless people build independent living skills and obtain permanent housing and where occupancy is restricted to a limited and specific period of time of not more than twenty-four (24) months, and where you were told in writing that the housing was temporary/transitional when you moved in
  • A hotel or motel for less than one month

If you don't live in any of the above, then you ARE covered under TPO. Note: if you live in a building owned by a nonprofit, you ARE covered unless the facility meet one of the specific exemptions described above.