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QuestionMy landlord won't return my security deposit, what should I do?Camila Lopez is an Attorney based in California. She co-founded People Clerk, a firm that helps individuals navigate the court system in an easy and affordable way. In 2024, People Clerk was acquired by fellow legal organization JusticeDirect Law, where Camila now serves as a Legal Educator. Her passion is breaking down complicated legal processes so that people without an attorney can get justice. As the Chief Legal Architect at People Clerk, she designed the company’s platform so that individuals can learn how to pursue their small claims lawsuits on their own. As a trained mediator, she is also passionate about the out-of-court resolution of disputes. Prior to JusticeDirect and People Clerk, she worked in plaintiff’s mass torts litigation and in consumer protection at the New York Attorney General's Bureau of Consumer Frauds and Protection. She received a Bachelor of Arts in Political Economy from the University of California, Berkeley, and attended Benjamin N. Cardozo School of Law in New York City, where she received the Mark Whitlock Scholarship for her effort, energy, spirit, and initiative that strengthened student life.You have to take steps like reviewing your lease agreement and any communications you’ve had with your landlord. Make sure you’ve met all the requirements for getting your deposit back, like leaving the property clean and giving proper notice. If you’ve done your part, send a written request for the deposit, outlining why it should be returned, and include evidences like photos of the property’s condition when you moved out. If they still won’t return it, you can file a claim in the small claims court. Prepare by gathering your evidence, such as your lease, photos, receipts, and copies of any communication with your landlord. Organize everything by date and add short descriptions to make it easy for the judge to follow your case. For additional help, consider consulting a lawyer or reaching out to your local housing department.
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QuestionCan I withhold rent as landlord hasn't kept up the property?Community AnswerNo. You can contact your city's HUD line and file a report, providing all evidence you can of contacting the landlord about the issue (e-mails, texts, etc.). If they find the report valid, they will set up an escrow account to which you'll pay your rent instead of your landlord; your landlord will receive the money in escrow once the maintenance issues have been resolved and inspected.
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QuestionCan a landlord evict me just to get more money for the apartment?Upnorth HereTop AnswererAs a general rule, the landlord would first need to have a valid reason to terminate your lease prior to giving you notice of intent to evict. Once you have received the notice and refused to vacate voluntarily, the landlord would then have the right to sue for an eviction order. You, naturally, may have various defenses and counterclaims, depending upon the circumstances of your particular lease and the local laws.
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QuestionWhat is considered an emergency maintenance issue?Upnorth HereTop AnswererAn emergency maintenance issue would be something may cause immediate damage or serious hazards of injury. For example, something that could cause a fire or flood if not stopped within a few minutes would qualify as an emergency.
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QuestionCan someone other than the person on the lease report a property?Upnorth HereTop AnswererIn theory, anyone can file a complaint about any violation of code, including health, building, fire and environmental codes. If the landlord doesn't cooperate with the investigation, agencies may even obtain administrative warrants to enter the property for the "health, safety and general welfare" of all, under the general police power granted to states (in the USA).
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QuestionCan a landlord evict me because I contacted the city of San Bernardino and the E.H.S., and then served the landlord with lawsuit papers?Upnorth HereTop AnswererMany places have statutes that protect tenants from retaliatory eviction after filing valid complaints against the landlord. In many cases there is a presumption of retaliation if the eviction is filed within six months of the complaint being officially filed to the landlord or a regulatory agency.
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QuestionI have shown and verbally told my landlord the bedbugs and roaches, but he continues to take my rent and do nothing. Do I still have to wait 30 days after telling him in writing?Upnorth HereTop AnswererUnless you have proof of written notice, then there is a general presumption that it didn't happen. Send your written notice via certified mail and keep a copy for your legal file in case your landlord tries to evict you.
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QuestionI have no rental agreement on paper, it's verbal only. The guy I rent from hasn't paid the water bill and it's now turned off. What do I do? He's trying to increase my rent now, but it's not clean or safe here.Upnorth HereTop AnswererBy definition, you do have a rental agreement if you are expected to pay rent. Many state laws would automatically apply (in the USA); you have various statutory rights and the landlord has obligations under the law. Your local tenant-rights agencies may be able to help you figure out your options.
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QuestionWhat can I do when a landlord and inspector are corrupt?Upnorth HereTop AnswererThere are always watchdog agencies who are able to deal with them at a state or local level. Start with a local tenant-rights office to see what they recommend.
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QuestionMy refrigerator has broken down twice and food has spoiled. Can I be reimbursed by my landlord?Upnorth HereTop AnswererIf your own rental insurance won't pay (or you don't have any), you can send your landlord a bill for damage arising from the negligence. If the landlord refuses to pay, you can sue with proof that it was somehow the landlord's negligence in a legal obligation to make sure you were provided with the agreed-upon refrigeration.
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QuestionMy Landlord Denied my Registered Support dog but yet a few months later a new tenant who is the same race as my landlord had gotten two extremely aggressive pit bulls and aren't support dogs. What can I do?Upnorth HereTop AnswererIf your landlord is using a "no pets" policy to violate your rights as a disabled person who needs a support animal, you may want to have someone investigate your claim for official action to help you.
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Questionis it mandatory to have a rent agreement?Upnorth HereTop AnswererA rent agreement simply means you're allowed to stay somewhere in exchange for rent; it usually doesn't need to be in writing, depending upon specific state laws regarding its duration and the amount being paid (statute of frauds).
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QuestionVacating the apt due to unsanitary conditions. Going into an emergency shelter due to conditions. Should I make a report afterwards on the condition?Upnorth HereTop AnswererYou should report unsanitary conditions immediately and get local advice on how to handle your obligation to pay rent, if at all.
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