This form is a Complaint. Plaintiff alleges that defendant is liable for breach of a rental agreement and wrongful eviction. The plaintiff seeks actual damages as well as punitive damages, plus the cost of attorneys' fees.
California Sample Complaint for breach of rental agreement
State:
Multi-State
Control #:
US-CMP-10013
Format:
Word;
Rich Text
Instant download
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How to fill out Sample Complaint For Breach Of Rental Agreement?
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FAQ
In California, your landlord has a duty to provide you with a safe place to live free from interference or harassment. If you are experiencing poor living conditions, dealing with mold, bed bugs, rodents, or if your place needs repairs you may have grounds to sue or file a petition with the Rent Board.
If a tenant fails to pay rent, breaks a rule, or significantly damages the property, then it is considered a breach of contract and you have grounds for eviction. If there are people living in the unit that are not on the lease, then that is also a breach of contract and you have grounds to evict them.
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.gov.
A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of anyexpress warranty or implied warranty, including the implied warranty of merchantability.
Breaches may include, but are not limited to, failure to pay Rent, engaging in any unlawful activity, damaging or otherwise destroying Property or any common areas therein, or violation of any part or sub-part of this Lease.
Ing to California law (Civil Code - CIV § 1951.2), landlords must make reasonable efforts to re-rent their property if the tenant breaks the lease. If you can re-rent your unit successfully, the rent you receive from the new tenant will apply to the old one's debt.
How to Handle the Most Common Lease Violations Long-Term Guests. Tenants have guests come over their leased units all the time, and that in itself is not a problem. ... Unauthorized Pets. ... Unpaid Rent. ... Property Damages. ... Commercial Use of Property or Unit.
Quick Facts on Suing a Landlord in California Small Claims Maximum amount you can sue for:$10,000How long does the process take:Most California courts are scheduling hearings around 30-75 days from when a lawsuit is filed. Virtual hearings are also available in some counties.3 more rows ?
The law permits San Francisco tenants to pursue damages for emotional distress as part of a wrongful eviction case. Under the San Francisco Rent Ordinance, tenants may be entitled to a multiplier of three on their emotional distress damages if they can prove the landlord acted in bad faith.
If you are the tenant, and you sue your landlord for breach of a rental agreement, the same law applies: If your case is for more than $10,000, you must file in district court. Read my blog post about district court here. If your case is for less than $10,000, you may file in small claims court or district court.