Introduction
Renting a place in Long Beach can be an exciting venture, but it's vital to understand your rights and responsibilities as a Long Beach tenant to ensure you are not being taken advantage of by your landlord. This post will delve into specific municipal codes that outline key tenant rights in Long Beach, providing you with the knowledge you need to protect your interests and determine whether you should contact a tenants attorney to review your case.
Does the City of Long Beach have its own rent control statutes?
The City of Long Beach does not limit tenants' rent increases. However, residents in Long Beach may be eligible for rent control under the California Tenant Protection Act of 2019, also known as "California Rent Control." For properties subject to the rent-ceiling restrictions outlined in the State of California's rent control regulations, landlords are permitted to raise the rent annually by 5%, plus the annual percentage change in the Consumer Price Index (CPI), with a maximum increase of 10%. The California Tenant Protection Act applies to all Long Beach units that meet the criteria for state rent control. Generally, your tenancy may fall under state rent control if you reside in a multi-unit building, such as an apartment, that is at least fifteen years old and have lived in the unit for at least one year.
What are some of the tenant protections Long Beach tenants have?
Long Beach tenants are also entitled to live in their units free from landlord harassment.
The City of Long Beach has defined landlord harassment as:
No owner shall:
A. Interrupt, terminate, or fail to provide housing services required by a rental agreement or by Federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate California Civil Code Section 789.3.
B. Acting in bad faith, (i) fail to timely perform repairs and maintenance required by a rental agreement or by Federal, State, County or local housing, health or safety laws; (ii) fail to exercise due diligence in completing such repairs once undertaken; (iii) fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts; or (iv) conduct elective renovation or construction of a rental housing unit for the purpose of harassing a tenant.
C. Abuse the right of access into a rental housing unit as established by California Civil Code Section 1954 or other applicable law. Such abuse includes, without limitation, entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries or demands for entry at times outside normal business hours; entries contrary to a tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a rental housing unit that are beyond the scope of a lawful entry or inspection; and misrepresenting the reasons for accessing a rental housing unit.
D. Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a tenant to the United States Department of Homeland Security.
E. Threaten a tenant, by word or gesture, with physical harm, or abuse tenant with words, either orally or in writing, which are inherently likely to provoke an immediate violent reaction.
F. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.
G. Take action to terminate any tenancy, including service of any notice to quit or other eviction notice, or bring any action to recover possession of a rental housing unit, based upon facts which owner has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to owner.
H. Provide false written or verbal information regarding any Federal, State, County or local tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a tenant: (i) sign a new lease not in the tenant's primary language if (a) lease negotiations were conducted in the tenant's primary language, (b) the existing lease is in the tenant's primary language, or (c) owner is otherwise aware that the new lease is not in tenant's primary language; or (ii) enter into a rent repayment plan to take advantage of tenant protection laws that do not require such plans.
I. Acting in bad faith, (i) refuse to acknowledge or accept receipt of a tenant's lawful rent payment as set forth in a rental agreement, by usual practice of the parties, or in a notice to pay rent or quit; (ii) refuse to cash or process a rent check or other form of acceptable rent payment for over thirty (30) days after it is tendered; or (iii) fail to maintain a current address for delivery of rent payments.
J. Acting in bad faith, (i) violate a tenant's right to privacy, including without limitation, by requesting information regarding residence or citizenship status, protected class status, or Social Security number, except for, in the case of Social Security number, for purposes of obtaining information for the qualifications for a tenancy; (ii) release such information except as required or authorized by law; or (iii) request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation.
K. Acting in bad faith, communicate with a tenant in a language other than the tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying the tenant.
L. Interfere with the right of tenants to organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; deny property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; prevent tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement(s); or discourage distribution or posting in common areas of literature informing tenants of their rights.
M. Commit other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of a rental housing unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental housing unit to vacate such rental housing unit or to surrender or waive any rights in relation to such occupancy.
In order to have the strongest case possible, it is highly recommended that Long Beach tenants notify their landlord in writing of any habitability issue. This includes taking photos and/or video evidence of the issue. That way, there is a clear timeline of when the complaint was made and whether the landlord abated the issue. If the landlord does not abate the issue within a reasonable amount of time, you may be entitled to compensation.
If you or a loved one is experiencing unhabitable conditions in your property and want to know more about your rights as a Long Beach tenant, please get in touch with Sedehi Law by submitting your case on our website or calling us at 949-381-1687.
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