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Tenants Legal Rights

Tenants have specific legal rights under both federal and state laws which protect them against unfair, unsafe, or illegal practices on the part of landlords. Tenants legal rights include the basic right to privacy in their rental property, and the right to live in a habitable and safe rental unit that complies with building codes and other housing regulations. Tenants also have a legal right to remain in their rental unit until the expiration of their lease term, as long as rent is paid and all lease conditions are properly upheld. Tenants have the right to water and heat; a landlord may not shut off utilities in a rental property in an attempt to force a tenant out of the property. Tenants legal rights concerning eviction include the right to make a defense against eviction in a court hearing, and the right to sue a landlord in the event of an unlawful or illegal eviction.

Fast Facts

  • In San Francisco, the Eviction Defense Collaborative provides emergency legal services and rental assistance to over 5,000 tenants a year.
  • A 1991 study of Berkeley, CA evictions found that tenants represented by lawyers were 10 times more likely to win their cases in court.

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