Author: timothymccandless
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California Tenant Rights During Foreclosure
California Tenant Defense System | Justice Foundation When the property you rent is foreclosed upon, you don’t automatically lose your housing. Federal and California law provide tenants in foreclosed properties with specific protections — including the right to remain through the end of your lease and, in some cases, a right to 90 days notice…
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Section 8 and Housing Vouchers in California: Your Rights as a Voucher Holder
California Tenant Defense System | Justice Foundation California prohibits landlords from refusing to rent to tenants who use Section 8 Housing Choice Vouchers or other rental assistance programs. Source of income discrimination — refusing to accept a tenant because they pay with a voucher rather than personal funds — is illegal under California Government Code…
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The California Unlawful Detainer Trial: What to Expect and How to Prepare
California Tenant Defense System | Justice Foundation California eviction trials (unlawful detainer trials) are among the fastest civil proceedings in the state — typically scheduled within 20 days of the Answer being filed, and often concluded in a single hearing lasting less than an hour. Preparation matters enormously in such a compressed timeline. This post…
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How to Document Your Rental Unit: Move-In Checklist and Photography Guide
California Tenant Defense System | Justice Foundation The single most important thing a new California tenant can do is thoroughly document the condition of their rental unit at move-in. The photos, videos, and written records you create on day one become the definitive evidence of the unit’s pre-existing conditions — protecting you from deposit deductions…
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Uninhabitable Conditions: When You Can Withhold Rent in California
California Tenant Defense System | Justice Foundation Rent withholding is one of the most powerful — and most legally complex — tenant remedies in California. Used correctly, it forces landlords to make essential repairs under threat of losing rent income. Used incorrectly, it can result in a successful eviction action against you. Understanding the specific…
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Lease Clauses That Are Illegal in California — And How to Use That Against Your Landlord
California Tenant Defense System | Justice Foundation Many California leases contain provisions that are illegal under state law — clauses that attempt to waive tenant rights, impose liability for conditions landlords are responsible for, or require tenants to pay costs that the law assigns to landlords. These illegal clauses are void and unenforceable, regardless of…
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Ellis Act Evictions: When Landlords Remove Units from the Rental Market
California Tenant Defense System | Justice Foundation The Ellis Act is California’s mechanism allowing landlords to “go out of the rental business” by removing all units in a building from the rental market. Ellis Act evictions are among the most significant displacement tools used against long-term tenants in rent-controlled cities — and California law includes…
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Discrimination in California Rentals: Your Fair Housing Rights
California Tenant Defense System | Justice Foundation California’s fair housing laws are among the most comprehensive in the nation, prohibiting discrimination in rental housing on a wider range of bases than federal law. Understanding what discrimination looks like, how to document it, and how to enforce your rights is essential for any California tenant who…
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Tenant Discrimination: California Fair Housing Law and Your Rights
California Tenant Defense System | Justice Foundation California’s Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act provide some of the broadest anti-discrimination protections for tenants in the nation. California protects more characteristics than federal fair housing law — and the penalties for discrimination are substantial. If you believe you’ve been discriminated…
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How to Win at an Unlawful Detainer Trial in California
California Tenant Defense System | Justice Foundation Most unlawful detainer cases in California settle, dismiss, or resolve before trial. But when a case goes to trial, it is typically a streamlined bench trial — before a judge, not a jury — with compressed timelines and focused evidentiary standards. A prepared, organized self-represented tenant can present…