In California, Landlord Tentant Legislation

dca.ca.gov, Dec 01, 2005

A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities 2003 edition with 2004 updates.

AB 647 (Nunez), Stats. 2003, ch. 109: California law allows a tenant to sue a landlord for up to $1,000 in damages if the landlord collects or demands rent on an uninhabitable dwelling. The tenant may seek damages after the dwelling has been inspected by a housing official, the official has issued a notice of violation to the landlord, and the violation has existed for 60 days after the notice.

This new law makes a landlord liable, in addition, if the landlord issues a notice of rent increase or an eviction notice following the housing official’s inspection and notice of violation. The new law adds health and safety violations to the list of defects in a dwelling that may result in liability. The new law reduces to 35 days the period of time that the violation must continue to exist after the notice of violation. The new law also increases to $5,000 the upper limit on damages that a tenant can collect in the court action, and permits the recovery of court costs.

Also under this new law, if a landlord brings an eviction action against a tenant for nonpayment of rent, and the rental unit is found to be uninhabitable, the landlord is liable to the tenant for reasonable attorneys’ fees and court costs.