Counsel, Advocacy & Representation for California Tenants

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Tenants can decide their own fate.

If you have a problem with your landlord, you don’t have to live in fear of being evicted, but you do need to understand what the law says, and how it will be applied if you end up in court. That’s why it’s important to talk to a lawyer who specializes on tenants’ rights.

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California Tenants have important rights, and they do not have to put up with oppressive landlords and unhealthy living conditions.

The legal protections that tenants enjoy include both substantive rights (because a tenancy is a property interest), and also procedural rights (because the Constitution guarantees due process).  Nonetheless, tenants must understand that legally speaking, they are in a more vulnerable position than they often suspect.

To fully benefit from the protections the law provides, many times tenants need a lawyer.

Whether you need to prepare for defending an eviction, or you need to assert your rights to decent housing, or because your landlord’s negligence has caused you harm, legal assistance is available.  Tenants do have rights, but they must take action to protect them.

Stop Wrongful Evictions.

Assert your tenant Rights.

You want a lawyer who understands your viewpoint, knows tenant rights, and will forcefully argue on your behalf. You just found one.

Schedule a Consultation

Don't Waste Time

When a tenant has a legal conflict with the landlord, there is often only a short period of time to act.

Don't go to Trial Unprepared

Information, early in time, is the key to success.

Get Informed

Many times the answer to tenants' legal questions are more complicated than they may first appear.

Get Representation

Even the most informed tenants can find the court system overwhelming.

Tenants' Rights Are Real, But They Are Often Ignored.

Even a small dispute with the landlord can become a critical threat to a tenant’s rights. When your relationship with the landlord goes sour, a tenant can quickly be exposed to harm. Being forced to leave your home because of an eviction brings drastic disruption to your life.  Finding a new place to live within a matter of days, moving expenses, changing schools for children, entanglement in the legal system, damage to your credit, time lost from work, and psychological stress are just some of the common consequences of an eviction, but they are not inevitable.

Tenants' Rights Are Fundamental Rights.

Tenants have a civil right to due process because a tenancy is a property right and a contract.  Protecting the decency and security of your home is not only a basic necessity, it is also constitutionally protected action . Everybody needs a place to live, and just because you pay rent does not mean your right to housing is any less important.  Your landlord does not have a legal right to simply make you move, or make your life miserable when you assert yourself.


San Diego Attorney Specializing in Eviction Defense & Tenants' Rights

Marc D. Whitham

Marc D. Whitham is a San Diego tenant rights lawyer who has devoted his career to representing tenants with all aspects of their legal needs. 

He has defended and advocated on behalf of thousands of tenants in defending  against eviction, fighting unlawful rent increases, recovering damages from negligent slumlords and unpermitted rentals.  He offers counsel and advocacy, and works closely with seasoned litigators to provide the most complete & tenacious representation for tenants facing trial.

Don't be intimidated.

Get Legal Assistance & Assert your Housing Rights.

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Client Testimonials

What People Say About Us

When it comes to problematic landlords and the law in regards to your lease Marc is the man to go to. I was dealing with a property management company where the agent was trying to intimidate me to move out. Marc gave me the direction as well as the reassurance on what was expected and lawful... I highly recommend a consultation with this gentleman and you will rest assured after he explains to you the possibilities of your potential or pending case.
Mike S. Tenant Defenders Client, Pasadena
Mike S.
We had the benefit of the law on our side. Our landlord was threatening to do things that were illegal. However, using Tenant Defenders provided us with a game plan and the confidence to communicate with our landlord in the best way to meet our goals.
In PencilTenant Defenders Client
In Pencil
Great advice on how to communicate with our property manager going forward, and how to correctly handle a disability issue we have with parking. Such a relief to hear that we cannot be evicted for asking for repairs, and if they try to call him right away. The $170 we spent was well worth it to put our minds at ease. We could tell just from the time we spent with him that this is the man you want fighting for you in a Landlord / Tenant situation
Anthony K.Tenant Defenders Client, San Diego
Anthony K.
Marc Whitham is an extremely thorough, knowledgeable, and collaborative attorney. With just one consultation fee Marc has consistently guided me through two cases. Marc has been there for me every step of the way - doing way more than his fair share.
Jade A.Tenant Defenders' Client, San Diego
Jade A.
Boyfriend and I came to TD when boyfriend was dealing with landlord issues. Daniel was straight forward and answered all of my questions. A month later things are better and we are far away from the crazy landlord. I hope to never have to deal with these problems again, but I will gladly call Tenant Defenders if it happens.
Tina T. Tenant Defenders Client, San Diego
Tina T.

Case Studies

Successes that we are proud of

Recovered a $24,000 cash for keys award for a long time San Diego tenant.
February 2021
February 2021
Recovered a cash for keys award of $5,000 for San Diego tenant in addition to waiver of $15,000 in back rent.
May 2021
May 2021
Compelled landlord to dismiss small claims lawsuit demanding back rent, and obtained release of all claims against tenant.
May 2021
May 2021
Obtained summary dismissal of unlawful detainer for landlord's failure to comply with just cause eviction requirements.
May 2021
May 2021
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Ⓒ 2021 Tenant Defenders - Tenants Rights Advocates

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Don't Waste Time

When a tenant has a legal conflict with the landlord, there is often only a short period of time to act.  Under California law, landlords are usually required to give notice to tenants before they resort to legal action. However, most of these legally required notices give a tenant only three days to act.  When a tenant fails to act within the three days then the landlord can proceed to court.

Once an action to evict (also called unlawful detainer) is filed against a tenant in court, it can move very quickly.   Landlords enjoy a unique legal procedure, which is known as a summary proceeding.   Once a tenant is sued in court, and then served with an unlawful detainer summons, then he or she has only five days to respond.

If your landlord has sued you or is threatening to sue you, then you must act quickly. Hesitation and uncertainty can lead to a loss of money, loss of security and the loss of your home. Don’t wait.  Schedule an appointment for a consultation  immediately to discuss your case.

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Don't go to Trial unprepared

Written notices demanding the payment of rent, notices that threaten the termination of your lease, accusations of illegal activity, and notices of changes in terms and conditions of a lease from a landlord or property manager are often the prelude to legal action.  They must be taken seriously.  It is critical for tenants to respond to notice from a landlord intelligently and prudently.

Before you agree to excessive rent increases, or allow the oppressive actions of the owner or management intimidate you, meet with a professional.

Information, early in time, is the key to success.  Often times becoming informed can help you to avoid being on defense.  If you are not able to avoid litigation, then consult with an attorney who stands with tenants and defends their rights.

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Get Informed

If your situation is not a lawsuit in court, but rather a question, or a curiosity about what the law says, there are many places where you can find educational materials, and  every tenant should become familiar with the legal protections for tenants in California law.

Many times the answer to tenants’ legal questions are more complicated than they may first appear.  It’s important to be careful, and not to rely upon every piece of information posted online, or simply accept the advice of friends and neighbors.  Make sure the source of your legal advice is reliable and up to date.

Look around the website and see if we have information to help you.  If you have a question and you can’t find an answer,  click here to send us a comment.  An attorney that specializes in advocating for tenants will reply, and can direct you to the resources you need. 

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Get Representation

If you have a situation that is more than a question, and are already having a dispute with your landlord, then information alone is often not enough to settle the matter to your advantage. What most renters need, but seldom have, is an attorney who knows the law, and the landlord’s duties under the law, and is not afraid to advocate for tenants.

Even the most informed tenants can find the court system overwhelming.  Defending against eviction on your own is more than just challenging.  Fort the unprepared and unrepresented it is an ordeal filled with traps.  Tenants who go to court without an attorney frequently enter into bad agreements and suffer humiliation at the hands of the landlord’s lawyers. Having an experienced attorney on your side will make a difference.

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