Your Rights as a Tenant

Hopefully, you will not need to use the information in this post, but, sadly, many students have issues with their landlords. While many landlords are capable and caring, once the lease is signed, many other landlords feel they can drop the friendly facade and neglect their tenants. If you get stuck with such a landlord, what are your rights, and how do you enforce them? How do you determine if the landlord has violated those rights? Here are some things I've learned as a tenant, and I hope they prove helpful. Please keep in mind, though, this isn't legal advice, and you should consult a lawyer before taking any action against your landlord or other parties.

The key term here is habitability. If the unit isn't habitable, then the landlord is being negligent. Habitability issues can include broken water heaters, major bug problems, malfunctioning security and parking gates, insufficient exterior lighting, etc. If there is a significant decrease in habitability, and your landlord, once notified, is not taking care of the problem, you should seek out legal counsel. If things get bad enough, you may even be able to break the lease.

Rent Control

If you live in an older building near USC, it is probably subject to Rent Control. When most people think of Rent Control, they think of a law that keeps your rent from going up more than a certain percentage every year. However, the LA Housing Department also provides several other protections. If you're having a long-term issue, such as a broken security gate, you can call the LAHD at 1-866-557-RENT. They will send an inspector to your unit who can then write your landlord a citation. I have never personally filed a formal complaint. Unfortunately, I have heard some negatives about the LAHD, and that they can be very slow to respond. Still, it is worth a shot.

What to Do when the Landlord Just isn't Getting it Done

1. Leave a paper trail- Don't simply communicate via phone. Send e-mails and save all correspondence. Write down issues you're having, along with dates and times, to the best of your ability.
2. Call LA Housing Department - As mentioned earlier, if your building is subject to Rent Control, the LAHD can send an inspector to your unit. The inspector can then issue a citation. This should also give you a stronger case should you have to go to court.
3. Do it Yourself and Deduct - Please note, this is very risky. I would STRONGLY recommend consulting a lawyer or the LAHD before doing this. If you need something taken care of right away, you can call a repair man yourself and deduct the cost from your rent. Be sure to notify your landlord well in advance, and save all receipts from the transaction. Often times, just giving your landlord written notice that you plan to hire someone will be enough to get them to fix it themselves.

Some Resources at your Disposal

• USG Free Legal Counseling - Undergraduate Student Government provides free legal counseling to all USC students. If you are having major issues, you can go to STU 106 to sign up for a meeting with the lawyer. Some of my friends haven't found it particularly useful, but when I went to him with questions, I found the lawyer very helpful. For more info, you can also visit USG's website at usg.usc.edu.
  

• LA Housing Department- They also can be very helpful (depending on which operator you talk to). This should be one of the first places you call to find out about your rights.

Phone: 1-866-577-RENT

Website: lahd.lacity.org/lahdinternet/

• California Tenant Handbook - This is a basic guide to all your rights as a tenant. You can view a PDF version at: www.dca.ca.gov/publications/landlordbook/catenant.pdf