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California Eviction and Tenant Rights Attorneys

From landlords evicting tenants with 3-day notices to pay rent (or other 30-day or 60-day eviction notices) to habitability issues, landlord harassment, negligence, and violation of statutory duties, the attorneys at Reccius law have the legal know-how and court experience to protect your civil rights as well as your apartment, condominium, home or other rental property. Landlord tenant and California eviction laws are simple but very technical, and most renters and property owners don’t even know what unlawful detainer means! Tenant or landlord—it is essential to find a California tenants rights lawyer like the attorneys like Reccius Law to help protect your renters’ rights or property rights. Our office has handled evictions and fought for the rights of commercial and residential landlords in California and cities across Southern California in Los Angeles, Ventura, San Bernardino, Orange and Riverside counties.

Evictions, especially in Los Angeles where affordable housing is scarce, seem to be on the rise despite evidence showing Los Angeles’ eviction rate of .58% is 1.76% under the national average. See, Eviction Lab Data and Comparison for Los Angeles and Los Angeles County; First Ever Evictions Database Shows: ‘We’re In the Middle of a Housing Crisis’ NPR’s Fresh Air, April 12, 2018.

Founding attorney Benjamin Reccius, Esq. first gained knowledge of California eviction law and tenants rights at the Legal Aid Foundation of Los Angeles where helped staff attorneys obtain a 1.5 million dollar settlement against the Huntington Hotel in downtown Los Angeles for the benefit of the building’s impoverished, elderly, disabled and/or mentally ill tenants. Mr. Reccius also worked as a court-appointed mediator handling the unlawful detainer court calendar in multiple courthouses across Los Angeles County where he helped settle hundreds of unlawful detainer lawsuits at trial by helping landlords and tenants avoid litigation and trial negotiate stipulated settlements. Now advocates for landlords and tenants, attorneys at Reccius use this inside legal knowledge to obtain dismissals for tenants and judgments for possession and (possibly) damages for back rent for landlords.

Reccius law also provides tenants with legal advice on how to properly withhold rent per repair and deduct rights for habitability issues, cancel residential and commercial lease agreements for habitability and other violations, and claw back wrongfully withheld security deposits and money damages against landlords for up to twice the deposit amount. Cal. Civ. Code 1950.5. Under local laws like Los Angeles’ Rent Stabilization Ordinance, you may be entitled to relocation money up to $17,000! Tenants in California can also bring a civil lawsuit against their landlord to enforce their rights as tenants including for breaches of the Covenant of Quiet Enjoyment(constructive eviction), Implied Warranty of Habitability, negligent violation of statutory duty, Nuisance, and the tort of Wrongful Eviction.

Representing tenants as well as landlords, Reccius Law understands the big picture of California evictions laws and local(city) ordinances that protect tenants’ rights.

Understanding that home is the most sacred place, we fight housing cases as if your life depends on it.  Before doing criminal and cannabis law, Managing and Founding Partner Benjamin Reccius was first a law clerk at the Legal Aid Foundation of Los Angeles’(LAFLA) housing litigation and eviction defense unit. During his two years at LAFLA, Mr. Reccius directly represented clients at hearings at the local housing department hearings where Section 8 housing benefits were up for termination. Mr. Reccius also helped staff attorneys litigate complex civil lawsuits against landlords(or “slumlords”) including a 1.5 million dollar settlement for the indigent, ill and wrongfully displaced former tenants of the Huntington Hotel in downtown Los Angeles.

Reccius law has handled numerous housing-related legal matters including those involving:

  • Security deposits

  • Relocation monies

  • Damages for unauthorized landlord entry

  • Landlord harassment

  • Retaliatory evictions

  • Constructive evictions

  • Negligent violation of statutory duties

  • Landlord bad faith, wrongful eviction to displace tenant(especially in rent controlled cities)

  • Enforcement of tenants rights under local rent stabilization ordinances and other municipal codes.

  • 30-day notices and 60-day notices and evictions

  • The Covenant of Quiet Enjoyment and Implied Warranty of Habitability

  • Fair Housing and Employment Act ("FHEA") violations 

  • Americans with Disabilities Act and California Unruh (civil rights)violations

  • Lodgers rights

California tenants rights laws impose stiff penalties on landlords to help prevent abusive landlord behavior including the security deposit statute which can impose double damages on top of the security deposit amount(i.e., $1000 security deposit could result in the court ordering a $3000 judgment). Tenants may also bring other civil actions against their landlord including Nuisance, the tort of Wrongful Eviction, Negligent Infliction of Emotional Distress (NIED) and even Intentional Infliction of Emotional Distress(IIED). A court can award up to $2,000 for each of landlord’s retaliatory action and up to $4,000 per discriminatory act relating to protected class.

Just like its passion for criminal law and cannabis business law, Reccius Law has an in-depth and the law and workings of the court system. Out lawyers know the finer, more obscure points of the of California eviction law and defending tenants in unlawful detainers to ensure that our clients are awarded the full relief they deserve. Whether you are a tenant or landlord, an attorney is ready and available to talk with you about your rights as a renter or property owner!

References:

"California Tenants--A Guide to Residential Tenants' and Landlords' Rights and Responsibilities" California Guide for California Department of Consumer Affairs (July 2012)

 

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