Issue link: https://digital.copcomm.com/i/398224
The People's Guide 2013-2014 60 Housing 2. Bad Conditions You have the right to live in a place without bad conditions: • No holes in the wall • Working toilets, and sinks • Electricity • Heat • No rats, roaches, or other pests • Clean If your unit has problems, you should tell your landlord about them and request that they be fixed. You should make your request in writing and keep a copy of your written request for yourself. If your landlord does not fix the problems, there are a few things you can do. Government Agencies County Health Department (323) 881-4015 For problems like vermin, rats, roaches, bedbugs; peeling paint or lack of screens. Housing Department (866) 557-RENT Department of Building and Safety (888) LA4-BUILD For complaints regarding plumbing and electrical; lack of water or heat; illegal utility shutoff, in Los Angeles. For other cities, check the phone book. If you think the conditions pose an imminent threat to your health or safety, you can ask the housing inspector to refer your case to the Urgent Repair Program. Los Angeles County Department of Consumer Affairs (888) 700-9995. For questions re- garding withholding rent, repair and deduct, and abandonment remedies, call. Getting Your Landlord to Fix the Problem If your landlord will not fix problems, you should give written notice of the problem, wait 30 days, and have proof of the problem. Then you have the right to repair the problem yourself and deduct the cost from your rent. It must be a problem affecting your health or safety, not just something you want to change in the apartment. If you withhold your rent, your landlord may try to evict you. It is very important that you keep copies of everything relating to the problem. You should get legal advice or support before withholding any rent. If you do not want to withhold rent, you can also go to Small Claims Court to try to get the money back. If your landlord has been cited by the De- partment of Building and Safety, Housing Department, or Health Department, and repairs have not been made within 60 days, you can go to Small Claims Court on your own without an attorney. The small claims judge can order the landlord to make the repairs. Ask the judge about Civil Code Sec- tion 942.4 in cases like this. If you are looking to recover money for damaged person property, repairs that you made, or bad conditions, you can file a case in Small Claims Court for up to $10,000. 3. Rent Control If you live in the city of Los Angeles in a rental unit that has two or more units on the lot, and was built on or before October 1, 1978, your unit might be under rent con- trol. This gives you even more protections than state law. Your landlord can only evict you for a very limited number of reasons, which are in the rent control law. Your rent can only be increased by a set percentage, which the city decides. For more information contact Los Angeles Housing Department (866) 557-RENT www.lacity.org/lahd You can also call the Housing Department to make a complaint if you think your landlord violated the rent control rules. If you are not in a rent control unit, your rent may be increased by any amount with a written notice. If it is increased by 10% or less, then you should get a 30-day notice. If it is more than 10%, then you should get at least a 60-day notice. Other Rent Control Information: Santa Monica (310) 458-8751 West Hollywood (323) 848-6450 Other Cities: Call your city hall or the infor- mation number listed in the city government section of your phone book (at the front of the white pages). 4. Evictions If you are not in a rent controlled unit, you can be evicted for no reason, but you must be given a 30-day notice if you have lived in the unit for less than a year or a 60-day notice if you have lived in your unit for a year or more. You can also be evicted from either a rent controlled or non-rent controlled unit for a good reason. There are special rules if you have a Section 8 voucher. Subsidized units (like Section 8 or project- based units) may have different notice periods. To best assure that you do not lose your housing, it is important to seek legal advice about your notice before the notice period has run out (expired). When you have received a 30/60 day notice to vacate, you are still responsible for paying the rent on time. If you do not pay the rent, the landlord may proceed with a much shorter notice against you, usually a 3-day notice. Additionally, security deposits may not be used in place of last month's rent, unless the landlord agrees to do so, in writing. For questions about these issues contact: Legal Aid Foundation of Los Angeles 800-399-4529. Eviction Process 1.Written Notice: in most cases, you must receive a notice in writing. The most com- mon notices are a 3-day notice to pay rent or quit, or a 30- or 60-day notice to vacate. 2.Summons & Complaint: This is the lawsuit, or Unlawful Detainer (UD). You have five days to answer it. 3.Sheriff's 5-Day Notice to Vacate: If you don't answer your summons and complaint or you lose in court, you will get a 5-day notice to vacate. If you do not move out, you will be locked out by the sheriff sometime after the five days. If your case is filed in another courthouse, there may be a Self-Help Center where you can get help preparing your answer. If you are being evicted and your case was filed at the downtown Stanley Mosk Court- house, visit: Eviction Assistance Center (EAC) 111 North Hill St., Room 115, LA, 90011. EAC staff can assist you with filing an answer, and provide full representation in some cases, free of charge. Service is available in Spanish. You may also contact the following organiza- tions for assistance with an eviction: Legal Aid Foundation - 800-399-4529 Eviction Defense Network - 213-385-8112 Bet Tzedek - 323-939-0506 Neighborhood Legal Services (818) 896-5211