Fullerton Rental Retaliation Lawyer

You are justified in taking action against your landlord after a failure to provide a habitable living space causes you harm. Whether you request a repair, report a code violation, or join a tenant union, the law protects your right to respond.

If your landlord reacts by raising your rent or trying to evict you, tenant protection laws are your strongest defense. A Fullerton rental retaliation lawyer from CD Law can help you defend against your landlord’s threats or harassment. Our habitability attorneys can work with you to gather evidence and resolve the dispute.

Pursuing a Rental Retaliation Claim

California Civil Code §1942.5 prevents a landlord from taking adverse action against you for complaining about habitability issues, such as broken plumbing, reporting code violations, requesting a repair, or joining or organizing a tenant union. The law also outlines prohibited responses from a landlord, including:

• Increasing rent
• Limiting access to parking or services such as laundry
• Filing for eviction
• Harassment, which includes changing locks or shutting off utilities

If you have experienced any of these forms of retaliation from your landlord, our Fullerton legal team can build your defense based on this firm legal code.

The 180-Day Rule and Deadline To File a Claim

The timing of a landlord’s response is crucial to a claim. Cal. Civ. Code § 1942.5 presumes retaliation if the landlord acts against you within 180 days of exercising your legal right. If you complain about a leak and your landlord seeks eviction a few months later, a court may assume retaliation. The landlord must then prove a legitimate, non-retaliatory reason for the eviction, such as failure to pay rent.

The timeline to file a civil action for retaliation is important. Under California Code of Civil Procedure § 340, you have one year from the landlord’s retaliatory act to file a lawsuit. Our attorneys in Fullerton can act quickly to build a strong case and avoid missing deadlines in your rental retaliation claim.

What Damages Are Recoverable?

A successful claim could recover actual damages, punitive damages, and attorney’s fees. Actual damages are compensation for out-of-pocket losses, such as moving fees or the difference in rent for a more expensive unit. If your landlord acted with malice, the court may award punitive damages from $100 to $2,000 per retaliatory act. The court may also order the landlord to pay your attorney’s fees related to the claim. An experienced rental retaliation attorney in Fullerton could help maximize your compensation.

Speak With a Fullerton Attorney About Landlord Retaliation

Sewage leaks, broken pipes, loose railings, or blocked emergency exits in your rental are valid reasons to take swift action. You should not have to deal with a disgruntled landlord after trying to improve your living conditions.

A Fullerton rental retaliation lawyer can help you overcome your landlord’s threats of eviction or harassment. At CD Law, our attorneys understand the nuances of landlord duties and tenant rights and can work to protect you against retaliation. Call us today for your free consultation.