Frequently Asked Questions
Ans: Security deposits have very specific rules and regulations, and very well may be grounds for a lawsuit, but often the amount in controversy is below that of the courts our firm practice in. In Los Angeles, any dispute for $10,000 or less is brought in small claims court, and lawyers can not represent individuals in small claims court. Matters for $10,000-$24,999 are in the limited civil courts, and only some firms litigate in those courts. Matters for over $25,000 are brought in the unlimited civil courts, and the litigation is often more expensive than the amount in dispute. If you have a security deposit claim in excess of $25,000 you can contact our firm to discuss our rates and representation options.
Ans: No. A 3-day notice to perform or quit is not a lawsuit, it is not something that our law firm can take action against, as it is not a legal pleading before the court. It is also constitutionally protected speech, so unless it violates the debt collection laws (if for debt) it is often protected from any action against it. A 3-day performance or quit is a premise that an eviction (unlawful detainer) is then brought to court upon. If you perform, it is no longer viable. If the request is illegal, or untenable, then the lawsuit may fail, but in any event, our firm can not assist you if all you have received is a 3-day notice.
Ans: No. While a lawsuit may be prohibited or against a statute, the covid-protections are not magic wands. The lawsuit does not just go away, instead, the protections act as defenses that still must be presented to the court in defense of the unlawful detainer complaint. For example, if a tenant claims that he/she did not pay rent because of the impacts of covid, the truth of that defense is a question of fact for a jury or judge to decide.
Ans: Most likely no. We do not represent any tenant v tenant or neighbor v neighbor actions, however, in very rare circumstances a landlord/owner may be found liable for the criminal conduct of 3rd parties when the landlord knows of the danger and fails to take any steps to mitigate. These cases are very challenging and holding a landlord responsible for the acts pf a totally unrelated person is challenging and often not realistic.
Ans: Mold is everywhere in California, and some molds are harmful and some are not. In order to proceed in a lawsuit for mold we require a 3rd party environmental specialist report showing both the presence of mold, the types and quantity, and medical records showing those came toxic molds in the blood or urine. An opinion that something is mold, or a photo of a substance that may be mold, is not enough to bring a lawsuit or evidence of mold exposure and harm.
Ans: Only the housing authority can determine if and how much money a tenant may be entitled to pursuant to the tenant protections and ordinances governing relocation. A private lawyer can neither determine, demand nor claim that anyone is entitled to relocation assistance.
Ans: Maybe. Most anti-harassment claims require a finding by an administrative agency before civil (money) liability is viable. For example, a finding that a landlord violated FEHA or HCIDLA that the landlord engaged in illegal/disallowed behavior may be enough to support a civil action, but without that, the claims alone are often not enough to impose liability.
Ans: Much like discrimination cases, these conditions often must be verified and cited by code enforcement before the litigation is commenced. Los Angeles has many such agencies, including but not limited to the Los Angeles Health Department and Department of Building and Safety, both of which offer inspections and provide notice of offending conditions.