5 Tenant Disputes & How Justin Billingsley Greene Law Helps

“Your landlord won’t fix the heater, raised the rent 12% overnight, and now you’ve got a 3-day notice.” If that sounds familiar, you’re not alone. California tenants face habitability problems, sudden rent hikes, wrongful eviction, and security deposit disputes every day. This guide explains your California tenant rights in plain English—and shows how Justin Billingsley Greene Law steps in fast with experienced eviction defense and housing advocacy.

What This Guide Covers (and How to Use It)

This is a practical tenant law guide for renters across California. We’ll unpack five disputes we see most: habitability issues, security deposit disputes, rent control laws and illegal increases, wrongful/retaliatory eviction, and harassment/entry problems. You’ll get simple checklists, real-world examples, and the latest 2024–2025 updates—plus how Justin Billingsley Greene Law acts quickly to protect you.

Fast Snapshot: Your Core Rights in California

• Safe, livable housing—the implied warranty of habitability is built into every residential lease. You can raise it as a defense in eviction.
• Just cause required to terminate many tenancies (after 12 months), with strict rules for owner move-ins and “substantial remodels.” (AB 1482 as amended by SB 567, operative Apr 1, 2024.)
• Rent cap: Statewide limit of 5% + CPI (max 10%) annually, unless exempt. (Civil Code §1947.12.)
• Security deposits: Landlords generally have 21 days to return the deposit with an itemized statement. New law (AB 12) caps most deposits at one month’s rent starting July 1, 2024, with a narrow small-landlord exception.
• Retaliation is illegal—landlords can’t evict or hike rent because you asserted your rights (e.g., requested repairs).
• Eviction is a court process—you’ll get official papers and typically 5 court days to respond.

Dispute #1 — Habitability & Repairs

When your home lacks heat, safe wiring, hot water, or has serious leaks, mold, or vermin, it may be legally “uninhabitable.” California law lists required standards (roof/weatherproofing, plumbing, heat, electrical, etc.), and the state Supreme Court confirmed you can use habitability as a defense to eviction.

What counts as a habitability problem?

• No heat or unsafe electrical.
• Serious plumbing failures (no hot water, sewage backups).
• Structural issues, failing windows/doors, major leaks, or infestation.
  These issues are recognized in the Civil Code and state guidance.

How to Start Your Paper Trail

1. Write (don’t just call). Email/text + certified mail. Attach date-stamped photos/videos.
2. Request a reasonable deadline for repairs and offer access windows.
3. Track everything (out-of-pocket costs, hotel stays, damaged property).
4. Call code enforcement if the landlord ignores you; save inspection reports.
5. Before withholding rent, talk to a housing lawyer; strategy depends on facts and local rules.

How Justin Billingsley Greene Law helps: We document violations, line up inspectors/experts, and demand repairs or compensation. If the landlord files an eviction, we assert habitability as a defense and pursue damages if you were forced to live in substandard conditions.

Dispute #2 — Security Deposit Fights

Two big rules win deposit cases:

• 21-Day Rule: After you move out, the landlord must return your deposit (or an itemized deductions statement with receipts/estimates) within 21 days.
• Legal Deductions Only: Unpaid rent, damage beyond ordinary wear and tear, and reasonable cleaning. Not routine repainting or pre-existing defects.

New AB 12 Cap: One-Month Limit (Most Rentals)

Since July 1, 2024, most California rentals are capped at one month’s rent for security deposits—furnished or unfurnished. A small-landlord exemption can allow up to two months only if the owner is a natural person/qualifying LLC and owns no more than two properties totaling no more than four units offered for rent.

How Justin Billingsley Greene Law helps: We compare your move-in condition, pre-move-out inspection notes, photos, and invoices to the statute. If the landlord overcharged, missed the 21-day deadline, or made improper deductions, we demand payment—and file suit for damages if needed.

Read Also: 6 Benefits of Taking Out a Lawsuit Loan

Dispute #3 — Illegal Rent Increases & Rent Control

California’s Tenant Protection Act (AB 1482) sets a rent cap of 5% + CPI (max 10%) per year for covered homes and limits increases to no more than two in any 12-month period. Some properties are exempt (e.g., new construction under 15 years, certain single-family homes with required notice language, dorms). Local rent control laws (like Los Angeles, San Francisco, Oakland) may be stricter.

2024 SB 567 Updates You Should Know

Effective April 1, 2024, California tightened just-cause rules under Civil Code §1946.2—especially on owner/relative move-ins and “substantial remodel” evictions. Remodels must involve permitted structural/electrical/plumbing/mechanical work or hazardous-material abatement requiring you to vacate 30+ consecutive days; cosmetic upgrades don’t qualify. Notices must include permits/contracts and a right-to-return warning if work isn’t done.

How Justin Billingsley Greene Law helps: We verify coverage and exemptions, audit CPI math, and challenge invalid increases. For remodel/owner-move-in claims, we scrutinize permits, timelines, and occupant eligibility—and push for relocation assistance or reinstatement when the law is violated.

Dispute #4 — Wrongful or Retaliatory Eviction

Landlords can’t evict you for exercising your rights—like reporting code violations or challenging an illegal rent hike. That’s retaliation, and it’s illegal under Civil Code §1942.5. You can use retaliation as a defense in an eviction case and pursue damages.

Just-Cause Basics: After 12 months, an owner generally needs at-fault (e.g., nonpayment, serious lease breach) or no-fault grounds (withdrawal from market, owner move-in, valid demolition/substantial remodel) to terminate a tenancy—and must follow strict notice rules and, for no-fault, provide one month’s rent in relocation or a last-month rent waiver.

What to Do If You Get Court Papers

• Look for “SUM-130” or “Unlawful Detainer” in the packet.
• You generally have 5 court days to file an Answer—do not ignore it. Use the California Courts Self-Help guide for step-by-step forms and instructions.
• Call a housing lawyer immediately. Missing the deadline can lead to a default judgment and sheriff lockout.

How Justin Billingsley Greene Law helps: We file your Answer fast, raise affirmative defenses (habitability, retaliation, notice defects, rent-cap violations), seek discovery, and negotiate stays/settlements—or try your case.

Dispute #5 — Harassment, Entry & Privacy

You’re entitled to quiet enjoyment. Landlords must give reasonable notice before non-emergency entry and can’t use entry as harassment. Unannounced late-night visits, shutting off services, or threats can support claims—and may overlap with retaliatory eviction protections. (See Civil Code entry rules and retaliation guidance from the California DOJ.)

How Justin Billingsley Greene Law helps: We send cease-and-desist letters, document unlawful entries, and pursue damages or injunctions when needed.

How Justin Billingsley Greene Law Builds Your Case

Justin Billingsley Greene Law (Greene Law, PC) pairs empathetic client care with tough litigation strategy:

• Rapid triage: We review notices, timelines, and coverage under AB 1482/SB 567 to spot quick defenses.
• Evidence engine: Photos, inspection reports, text/email trails, rent ledgers, repair estimates, permits, and court filings.
• Relief playbook: Injunctions to stop illegal lockouts, motions to quash defective notices, relocation payments, deposit recovery, rent overcharge refunds, and fee claims where permitted by statute.

Step-by-Step: What To Do Right Now

1. Create a timeline (notices, texts, calls, repair requests, rent receipts).
2. Save evidence (photos, videos, inspection results).
3. Check coverage: Is your unit under AB 1482? Do you see the exemption notice in your lease?
4. If you get a 3-, 30-, 60-, or 90-day notice, read exactly what it demands and the deadline. If court papers arrive, file your Answer in 5 court days.
5. Call a housing lawyer—deadlines are tight and defenses are nuanced.

FAQs (California Tenants)

1) Can my landlord raise rent 12% this year?
Probably not if your unit is covered by AB 1482: increases are capped at 5% + CPI (max 10%) within 12 months, in no more than two increments. Some homes are exempt (e.g., newer buildings, certain single-family homes with the required notice language).

2) What exactly is “substantial remodel” under SB 567?
It’s permitted work that cannot safely occur with you in place and would require you to vacate 30+ consecutive days—like serious structural/electrical/plumbing projects or hazardous-material abatement. Cosmetic upgrades don’t qualify. Notices must include permits/contracts and right-to-return language.

3) My landlord won’t fix the heater. Can I withhold rent?
Maybe—but talk to a housing lawyer first. California recognizes habitability defenses, but rent-withholding strategy depends on facts and local ordinances. You should document requests and consider code enforcement first.

4) How much can they charge for a security deposit now?
For most rentals starting July 1, 2024, AB 12 caps security deposits at one month’s rent (furnished or not). A narrow small-landlord exception applies if the owner meets strict criteria.

5) What if I’m being evicted because I asked for repairs?
That looks like retaliation, which is illegal in California. You can raise it as a defense and seek damages.

6) I received an Unlawful Detainer. What now?
File your Answer within 5 court days and seek legal help immediately. The California Courts Self-Help site has step-by-step instructions and forms (look for SUM-130).

7) Are local rent control rules different from the state law?
Yes. Local ordinances can be stricter. State law sets a cap and just-cause baseline; local rules may add lower caps or extra protections. Check your city’s rent program and verify exemptions.

8) Can I get relocation assistance for a no-fault eviction?
For covered units, yes—owners must provide one month’s rent as relocation or waive your last month’s rent when using no-fault just cause.

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How Justin Billingsley Greene Law Helps (Service Snapshot)

• Free case evaluation for tenants.
• Emergency eviction defense: File Answers, seek stays, and challenge notices.
• Habitability claims: Demand repairs, rent reductions, and damages.
• Deposit recovery: Enforce the 21-day rule and AB 12 cap.
• Rent-cap enforcement: Audit CPI math, challenge illegal increases, and pursue refunds.
• Settlement-first strategy: We aim for fast relief, then litigate if required.

Conclusion & Next Steps

California gives renters powerful tools—but deadlines are short and defenses are technical. If you’re facing landlord-tenant disputes, eviction defense, or habitability issues, don’t go it alone. Justin Billingsley Greene Law is here to help you assert your rights, stabilize your housing, and pursue compensation when the law’s been broken. Reach out for a free, confidential case review today.

References:

• California DOJ — Tenants’ Rights overview (retaliation, repairs). California DOJ
• California Courts — Eviction (Unlawful Detainer) forms & deadlines. Self-Help Guide to the California Courts
• California Legislature — Rent Cap (§1947.12) and Just-Cause (§1946.2) text, with SB 567 updates. leginfo.legislature.ca.gov
• California Legislature — AB 12 security deposit limit (effective July 1, 2024). leginfo.legislature.ca.gov
• California Supreme Court — Green v. Superior Court (habitability defense). Justia, Scocal