Pursue Legal Action
Time to take legal action against this landlord.
Before you begin a court process, make sure you have sent a demand letter to your landlord first asking them to remedy the situation. After you feel like you’ve documented the issue and have given your landlords time to fix the issues, you have the option to pay for those remedies yourself, save receipts, and pursue reimbursement.
Regardless, you can contact private attorneys or start a small claims case in court. Note that If you contact a private attorney, it may take some time but you can get your money back for rent payments and some private attorneys will charge limited fees. If you decide to go the small claims route, it will be a faster process but it can sometimes be confusing.
A reminder that California Civil Code Section 1942.5 prohibits landlords from retaliating against tenants for exercising their legal rights. Examples of exercising your rights:
- Complaining to your landlord about the conditions of your unit.
- Calling and/or involving agencies to support you in getting habitable conditions in your unit.
- Suing your landlord.
- Winning a case against your landlord.
For 180 days after any of these things occur, your landlord has the burden to prove that an eviction, rent increase or decrease in service isn’t retaliatory.
Hayward Self Help Desk:
Hayward Hall of Justice 24405 Amador Street Hayward, CA 1st Floor, Department 501
Other important information
You can ask for up to $10,000 in a small claims action filed in the small claims division of California Superior Court. You can file up to two cases over $2,500 per year through small claims. There is a statute of limitations per type of case.
Lawyers cannot represent someone in small claims court but they can provide guidance.
You can provide evidence. This includes letters, documents, pictures, witnesses, contracts, etc.
CA court information of small claims
Get more information on the Self Help Desk, fee waivers, documents, and more here
Get legal help here to find an attorney. Remember they cannot represent you in small claims court but they can provide guidance and talk through your options with you