Frequently Asked Questions

I got a 3-day notice. Do I have to move out in 3 days?

No. A 3-day notice is not an eviction order. Your landlord must file an Unlawful Detainer lawsuit, serve you, wait for a hearing, obtain a judgment, and have the Sheriff execute a writ. That takes weeks minimum. Section 5 analyzes every defect that can void the notice entirely.

My landlord raised my rent by 15%. Is that legal?

Probably not. AB 1482 caps annual increases at 5% + local CPI (max 10%) for most rentals built before 2005. If your unit is covered, your landlord must refund the excess. Section 11 covers the full applicability test and calculation.

My landlord kept my security deposit. What can I do?

California Civil Code 1950.5 requires return within 21 days with an itemized statement. Bad faith withholding = up to 3x the wrongfully withheld amount. Small Claims Court, no attorney required. Section 9 covers the full process.

My apartment has serious repair issues. What are my options?

Three options under Civil Code 1942: (1) repair-and-deduct up to one month’s rent; (2) rent withholding; (3) vacate and claim constructive eviction. All require prior written notice. Section 10 walks through each.

My landlord is threatening to evict me after I complained about repairs. Is that legal?

No. Civil Code 1942.5 creates a 180-day retaliation presumption after any protected tenant activity. The landlord must prove it wasn’t retaliation — not you. Section 12 covers the full defense.

My landlord changed the locks. What do I do?

Illegal lockout = $100/day minimum damages, emergency TRO same day, and it’s a crime in California. Section 8 covers the lockout remedy process.

Is this legal advice?

No. Educational information and document templates only. Not legal advice. Justice Foundation is not a law firm. For contested eviction hearings and complex disputes, consult a licensed California tenant attorney.

Educational use only. Not legal advice. Justice Foundation.