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  • Eviction Defense
    • What you need to know about unlawful detainers
    • When Does A Tenant Need A Lawyer?
    • Notice To Terminate Tenancy
    • What is an unlawful detainer?
    • Responding to the complaint
  • Tenant Rights Advocacy
    • Utility shutoff
    • Problems with the landlord
    • California tenants and the right to decent and habitable housing
    • Tenants have privacy rights – The Covenant of Quiet Enjoyment
    • Injuries Caused by Landlord Negligence
    • County of San Diego Moratorium on Evictions
    • Tenant Protection Act of 2019
  • COVID-19 RELIEF
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AB-832 – COVID-19 RELIEF

July 13, 2021July 22, 2021Marc D. WhithamLeave a comment

Tenant Rights During Covid On June 29, the California Legislature enacted new changes to several different laws that significantly impact California renters’ rights. It is a very large bill that modifies many sections of the Civil Code, the Code of Civil Procedure,
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Uncategorized

Tenants Rights Attorney

July 10, 2021July 20, 2021Marc D. WhithamLeave a comment

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
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Eviction Defense, Tenants Rights Information, Uncategorized

Just Cause Eviction

July 8, 2021July 22, 2021Marc D. WhithamJust Cause Eviction

Summary of Just Cause Requirements California Civil Code Section 1946.2 requires that landlords have “just cause” to terminate or evict certain long-term tenants. This statute rohibits an owner of residential real property (with certain exceptions) from terminating a tenancy without “just cause,”
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Tenants have privacy rights – The Covenant of Quiet Enjoyment

Injuries Caused by Landlord Negligence

AB-832 – COVID-19 RELIEF

Tenants Rights Attorney

Ⓒ 2021 Tenant Defenders - Tenants Rights Advocates

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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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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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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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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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