Legal Question in Landlord & Tenant Law in California

How do I find out if the unit I am living in is being rented illegally? AND what would

determine if I am allowed to claim a complete refund of any rents I have

paid. Is it OK to go to Small Claims Count with a letter from an attorney that

would guide me on what to say I'm entitled to and the legal codes that I would need?

If my landlord lies and is delusional, how would I prove my claims?


Asked on 11/02/12, 7:05 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Often, cities and/or counties require rental permits. You might check with a housing board in your community as to whether such permit exists. If you've lived there, then you're probably not entitled to a complete or any refund of rents. Small claims courts usually are not that interested in people trying to cite specific statutes. The judges have knowledge of the laws and just want to hear your story and see whatever evidence you have that supports your claim or refutes the other party's defense. You are entitled to seek advice and preparation from an attorney, but the attorney cannot be at the court table with you and cannot represent you in small claims court.

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Answered on 11/08/12, 7:51 pm


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