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Permanent Injunction By Tenant Against Landlord In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000299
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FAQ
Tenants only have a limited window of time to sue over issues like personal injuries, discrimination, or failure to make repairs. In California, you typically have just two years from the date of harm to get your case on file. Other highlights: Rent disputes must be filed within three years.
Small Claims Court handles civil cases asking for $12,500 or less. Here are some examples of problems you can handle in Small Claims Court: Your landlord will not return your security deposit.
San Diego Municipal Code § 98.0706(b)(1)(B). Direct payment to the tenant shall be in an amount equal to two (2) months of actual rent. If the tenant is a senior or disabled, the direct payment to tenant shall be in an amount equal to three (3) months of actual rent.
If you were hurt by a dangerous condition on the rental property, such as improper railings, broken stairs, uneven sidewalks, potholes, or rotted floors, you could file a lawsuit.
The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at .dca.ca.
Yes, a tenant can take a landlord to court under various circumstances. Common reasons for legal action include: Breach of Lease Agreement: If a landlord fails to uphold the terms of the lease, such as not making necessary repairs or violating privacy rights, a tenant may sue for breach of contract.
If you've faced illegal eviction or your landlord has violated your rights, you may be able to sue them even after moving out. Learn about your options with Martinez Law Center, California's tenant protection specialists. You may still have legal options to hold them accountable.
Premises Liability Property owners could be held grossly negligent for ignoring evident hazards on their premises. For instance, if a landlord knew about a faulty staircase but didn't fix it, leading to a tenant's severe injury.
Showing up with persuasive evidence that supports your story is the way to win in small claims court. For example, if you are suing your landlord to get your security deposit returned, you'll want to have a photograph of a clean and undamaged apartment and the convincing testimony of someone who helped you clean up.
Eviction: If the court finds that there is a breach of lease they will issue an Order of Restitution, which orders the Sherriff to remove the Tenant from the property. Attorney's fees may be available.