Berkeley Tenant Attorneys

As a tenant, you have many legal rights. Some tenants are under the impression that their only legal rights are provided by contract in their written lease agreement. This is not the case. California tenants are protected by statutes and local laws that provide certain rights to all tenants. In fact, California has some of the strongest tenant protections in the entire country. The experienced Berkeley tenant attorneys at Wolford | Wayne LLP fight hard to protect the rights of all renters. Here are some of the important legal rights you have as a tenant: 

The Right To Live In Habitable Conditions

The law creates minimum standards for what constitutes a “habitable” rental unit. There are many conditions that can render a premises “uninhabitable,” such as: 

• Mold
• Pest infestations
• Lack of heat
• Lack of running water
• Illegal units 

A tenant has the right to expect a prompt repair of any condition that makes their home uninhabitable. If your landlord has been neglecting repairs, ignoring your requests, or otherwise leaving your unit in a dangerous condition, it is time to get advice from a tenant lawyer. 

Protection From Unlawful Rent Increases

The Berkeley Rent Ordinance expressly limits how much a landlord can raise a tenant’s rent in a covered unit.

The City of Berkeley calculates annual permissible rent increases based on the  Bay Area’s Consumer Price Index. California State law requires landlords to provide a thirty-day notice for an increase of less than 10% and  ninety-days for any increase of more than 10%.

The State of California also has created rent increase restrictions for certain units under the California Tenant Protection Act. Since 2020, this law has limited how much a landlord can increase rental rates on certain units and how quickly. 

Protection From Wrongful Eviction

A landlord who evicts a tenant without just cause or in bad faith is liable under the Berkeley Rent Ordinance for actual damages and attorney fees.  A tenant who is forced out of their homes in these situations is entitled to actual damages, which may include damages for loss of their rent controlled home and potential treble damages.

Experienced, Aggressive Berkeley Tenant Attorneys For Wrongful and Constructive Evictions

Tenants have legal rights. They also have the right to get their own legal advice and fight back against violations of their contractual or statutory rights. You don’t have to take on a landlord and landlord’s attorney on your own. Contact us to schedule your consultation as soon as possible. Wolford Wayne handles wrongful evictions, constructive evictions, illegal rent increases and tenant buyouts in Berkeley.