What happens when a landlord fails to comply with the terms of a lease?

When a landlord fails to comply with the terms of a lease in California, the tenant has the right to take legal action against the landlord. Depending on the situation, this action can vary from filing a complaint with the California Department of Consumer Affairs to pursuing litigation. The tenant may also be able to terminate the lease if the landlord fails to comply with specific requirements such as making needed repairs or providing habitability, which are implied in the rental agreement. In California, a tenant’s failure to comply with the terms of a lease may result in the landlord recovering the rent, collection costs, damages, and attorney fees. If the landlord fails to comply with the terms of the lease and the tenant must terminate the agreement, the tenant is only responsible for rent payments through the date of the termination. The tenant may also sue the landlord for any damages or losses caused by the landlord’s failure to comply with the terms of the lease. The California Department of Consumer Affairs is a great resource for tenants facing landlord non-compliance issues, and provides a list of local tenant protection agencies that can offer advice. Tenants should also be sure to document the landlord’s non-compliance and keep all leases and rental agreements in order to protect their rights under California leasing law.

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