Eviction Award Doesn’t Include Legal Fees
QUESTION: I recently hired an attorney to evict a tenant for non-payment of rent. Although I asked that the judgment include attorney’s fees, they were not awarded. Must there be an attorney’s fees provision in a rental contract to collect them in a lawsuit?
ANSWER: Except for mobile homes, attorney’s fees won’t be awarded in a lawsuit between a tenant and a landlord unless the written rental agreement has a clause that provides for the payment of such fees.
You should also know that if you do decide to include this type of provision in your rental agreement, you will be liable for your tenant’s attorney’s fees should you lose. This is true, even if you word the clause so that it provides only for the payment of your attorney’s fees, because such clauses must be applied reciprocally.
In the case of mobile homes, even if lawyer’s fees are not included in the rental contract, California Civil Code Section 798.85 stipulates that attorney fees will be paid to the prevailing party.
Security Deposit Must Be Returned in 2 Weeks
Q: My lease states that the landlord has one month to return my security deposit after I move out. I thought, by state law, a deposit must be returned within two weeks. Because I signed the lease, is it enforceable as written?
A: No. Your landlord must return your security deposit or send you an itemized statement of any deduction taken from the deposit within two weeks of the day you moved out of your apartment. California Civil Code Sec. 1953 (a) (1) does not allow any modification of this requirement, and your lease cannot be used by your landlord to extend the time he retains your deposit. If you point this out to your landlord now, you may avoid an unnecessary delay in the return of your deposit after you move out.
Stranger Moves In, Claims to Be Co-Owner
Q: I rent a house, and the other day when I came home I found that a stranger had moved into one of the rooms. Although I’d never met the person, she claimed to be one of the owners of the property. She told me that her co-owner had rented the property without her permission while she was out of the county and now that she’s back she intends to live there. What do you suggest I do?
A: The newly arrived owner has a rightful claim to partial possession of the entire property, unless she gave her co-owner the authority to act as her agent in the management of the entire property. You should talk with the owner who actually rented you the property to discuss what authority he had when he rented you the property. Check your rental agreement to see if there is any indication that he was acting as an agent for the other owner.
You should also look for any qualifying language regarding your tenancy that may limit your use of the entire property “subject to” the co-owner’s rights.
If the owners are not able to resolve the problem between themselves, you might want to contact a mediation service for assistance. If there was no authority to rent the entire unit, the owner who rented you the property should compensate you for the interference with your full use of the property. If you decide to continue your tenancy, a rent adjustment may be appropriate since your use of the entire premises has been curtailed.
Housing Inspector Can Help Renter Get Repairs
Q: I’ve been calling my landlord for months about major repairs needed in the house I rent from him, but each time I call he says he’ll send someone out and no one ever comes. The roof leaks and the electrical wiring is hazardous. Friends tell me to call the city Housing Inspector. Is this appropriate? I really need help fast.
A: The Housing Inspector’s Office can often be helpful to tenants in your predicament, however it is a good idea to know what to expect before you call.
Inspectors generally concern themselves with habitability issues, as covered by the Uniform Building and Housing codes, enforced by most cities. These include leaking roofs and electrical problems.
In non-emergency situations, the Housing Inspector’s Office may require you to provide a copy of your written request to the owner for repairs before an inspector can be sent out.
If you haven’t already done so, put your complaints in writing now and save a signed, dated copy for your records. A waiting period of up to 30 days may also be required, to give your landlord time to act on your written request.
A Housing Inspector who visits your rental will note any violations he finds and require the owner to repair them within a specified time period.
You should be aware that if serious defects or problems are found that make the dwelling uninhabitable, the inspector may have to condemn it and you may lose your housing although, under the circumstances you describe, this seems unlikely.
You are protected from retaliatory eviction for six months after the Housing Inspector’s report, as long as you pay rent on time and otherwise fulfill the obligations of a good tenant. If you suspect that you are being evicted, contact the tenant-landlord program in your area assistance.
