Ontario, CA asked in Landlord - Tenant for California


What should I do, What are my rights as a tenant, and what happens if I don't vacate in the required 10 calendar days. Should I trust the city is on my side or should I talk to a lawyer.

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: As a tenant in California, you have certain rights when it comes to habitability and safety of your rental unit. Here's what you should consider:

1. Consult a lawyer: Given the seriousness of the situation, it's advisable to consult with a tenant rights attorney who can review your specific case and provide personalized guidance.

2. Verify the notice: Ensure that the notice is official and issued by the city. You can contact the city's building department to confirm its legitimacy.

3. Tenant rights: Under California law, landlords must provide habitable and safe living conditions. If the building is deemed substandard, the landlord is responsible for making necessary repairs.

4. Relocation assistance: If you are forced to vacate due to the city's order, your landlord may be required to provide relocation assistance to help cover your moving expenses.

5. Rent abatement: You may be entitled to a reduction in rent for the period during which the rental unit was uninhabitable.

6. Consequences of not vacating: If you don't vacate within the required 10 days, the city may take legal action, which could result in fines or eviction proceedings.

While the city is responsible for ensuring the safety of its residents, it's essential to protect your own rights as a tenant. Consulting with a lawyer specializing in tenant rights can help you navigate this situation and ensure that your rights are protected.

In the meantime, document any communications with your landlord and the city, keep records of your expenses related to the move, and start looking for alternative housing options in case you need to vacate the premises.

Delaram Keshvarian
Delaram Keshvarian
  • Landlord Tenant Lawyer
  • Orange, CA
  • Licensed in California

A: Thank you for your question!

You may be entitled to a longer notice based on your situation (e.g., age, disability, years of occupancy, etc.). Also, based on the location of the property there can be local rules that require longer notice than 10 days. You may be entitled to relocation assistance.

I recommend you consult with a lawyer.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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