Tenant Union Handbook

Tenant Protections & Rent Increases

Tenant Protection

The California Tenant Protection Act restricts how much a landlord can increase your rent. Everyone in the San Joaquin County is Protected by this Act.

What does this act protect?

• Through January 1, 2030, landlords cannot raise rent more than 8.8% total or 5% plus the Consumer Price Index (CPI)—depending on whichever is lower.
  • Between 8/1/24 and 7/31/25 in San Joaquin County the maximum for rent increase is 8.8%
• Increases can only occur no more than two times every 12 months.
• Does not limit how much money a landlord can charge at the start of a rental agreement, only how much the rent can increase once the unit is occupied by the same tenant.
• Limits the legal reasons for eviction. You can only be evicted for the reasons listed in the SJCOG, and in some cases you MUST be compensated. (See Chapter 4)
• Rent increases cannot be retaliatory.

When can a Landlord increase your rent?

• Lease of more than month-to-month:
  • Landlords CANNOT increase rent during the term of the lease, unless the lease explicitly allows for rent increases.
  • Rent increases cannot be considered within the first year of occupancy.
• Periodic lease agreement (a month-to-month or shorter):
  • Landlords can increase your rent as often as they like, but must provide a written notice

Know Your Rights

The WCU Tenants Union knows that many landlords use their failure to make repairs as a way to evict tenants. When tenants complain to their landlords about the lack of repairs, or about the quality of repair, many landlords tell tenants to move out if they are unhappy. That is illegal.

Under California law, ALL Tenants (with or without Rent Stabilization) have the right to live in a unit that is both safe and sanitary.

This means that your landlord is legally required to repair or address:

• Water dripping from ceilings and walls (from leaking pipes, bathtubs, or sinks)
• Holes in walls or floors (or missing thresholds at the base of doorways)
• Plaster/paint shedding
• Visible mildew or mold from not having enough air circulation
• Damaged heater
• Bad plumbing (or sewage back up)
• Broken windows
• Missing window screens
• Broken smoke detectors or carbon monoxide detectors
• Large gaps behind kitchen drawers or cupboards where insects can enter
• Inadequate garbage collection
• Unsafe stairs/handrails
• Unsecure/improper doorknobs
• Faulty electrical wiring
• Vermin infestations that violate the Health Code: cockroaches (the small ones), rats, mice, and raccoons (See Chapter 3)
• Infestations that violate the Building Code: termites (See Chapter 3)

Also, tenants have the right to:

• Receive 24-hour advance written notice before the landlord enters your home
• Submit a written list of repairs that you need in your home
• Impartial inspections by a third party
• Pay rent with money order
• Receive a receipt that clearly states the landlord's name, date covered by the rent, and the amount paid
• Organize themselves to fight against bad conditions, harassment, or illegal evictions

Repairs, Damage, or Infestation

If you have repairs, damage, or infestation:

1. Make a list of the damaged or infested areas (if your landlord has provided you with a repairs sheet, fill it out thoroughly).
2. Take photographs of the damaged or infested areas, and include the day's newspaper to show the date the photograph was taken.
3. Write a letter to the landlord, attach the photos and list (or repairs sheet), and send it by mail with a delivery confirmation receipt, such as certified mail or USPS Priority Mail.
   • Email and text are also options.
4. Keep dated documentation (e.g. receipt from post office, texts, emails, letters, etc.), and copies of all correspondence and photographs sent to the landlord.
5. If the landlord does not repair the unit in a timely manner, you can file a complaint.

Depending on the specific city or problem, you can request an inspection, and the landlord will be REQUIRED to repair the problem. In some cases, landlords have up to 30 days to start the repair work, and then another 60 days to finish it.

Harassment

To fight back against harassment, you must:

• Document the events. Keep a notebook where you write the date, time, and a detailed description of what happened.
• Send the landlord a letter documenting the harassment and asking for it to stop. Keep a copy of this dated documentation.
• Do not suffer harassment in silence or fear. Come to a Working Class Unity Tenant Union meeting and share your experience.

Utilities

Who is responsible?

• California landlord-tenant laws do not mandate landlords to cover utility costs but require clarity in lease agreements.
• Unpaid utility bills are the responsibility of whoever's name is on the bills.

If the utilities are under your Landlord's name:

• Landlords must ensure tenants can access utilities and cannot charge more than the actual utility cost.
• Tenants have a right to get utilities even if their landlord doesn't pay the bills on time.
• Tenants with medical conditions that require at-home medical equipment have a right to a reduced utility cost.

By Law your Landlord cannot:

• Turn off your utilities just because you are late on rent.
• Increase the price of your utilities (e.g. gas, electricity, trash, etc.) without a 30-day advance notice before the next rent due date
  • If they do NOT give you advanced written notice of the utilities price increase you should pay the increase AND file a complaint for further investigation. (See Chapter 3)
  • Note: This is only if the utility costs are included in your rent

Additional information: California Landlord Tenant Law - Utilities

Dos and Don'ts

Before You Move In:

During the Rental:

When You Move Out:

Easy Steps to Protect Yourself and Your Rent Money

Forms of Payment

1. Payment in person is always preferable.
2. Never pay with cash or a personal check.
3. Always buy a money order or cashier's check with the date of purchase clearly stamped on it.

Personal Delivery or Pick-up

• If you pay someone directly, take a witness with you (preferably not a family member).
• Ask for a receipt or a signed paper to show proof of payment that clearly states the landlord's name, date covered by the rent, and the amount paid.
• To be safe, take a photo of the receipt together with your payment method.

By Mail

• Payment in person is always preferable.
• Never pay your rent via regular mail.
• Make sure you mail it with proof of mailing (certified mail with no signature required, or mail with a delivery confirmation receipt, such as USPS Priority Mail).
• If you mail the rent and it is lost, you are responsible for the lost money. You must have proof that you mailed it (your testimony is not sufficient).

When to Pay Rent

Rent is due on the 1st of the month—unless your contract states a different date. The law does not recognize a grace period unless your contract states that you have one. A term in your lease stating that a late fee will apply if you pay after the 3rd or the 5th of the month, for example, is not a grace period.

Notice to Pay Rent

If you are served a Notice to Pay Rent, pay attention. Check how the Notice requires payment, and do exactly as it requires.

Payment by Mail

If the Notice states you must pay by mail OR if the address provided only allows you to pay by mail:

• Mail the rent to the address stated in the Notice.
• Mail it with proof of mailing.

Payment in Person

If the Notice does not direct you to pay by mail and allows you the option to pay in person OR if it directs you to pay in person:

• Deliver during the hours indicated in the Notice.
• Take a witness with you (preferably not a family member).
• Ask for a receipt or a signed paper to show proof of payment.

Payment Pick-up

If the Notice states that the landlord/manager will pick up the rent:

• Buy the money order(s) right away and have them ready for pick up. This means that all adults in the household know where they are and can pay the landlord/manager when they come.
• If no one comes to pick it up by 2:00 PM on the final day given to make payment, then mail your rent immediately with proof of mailing, and keep the receipt from the Post Office that shows the time you mailed the rent.

Stockton Code Enforcement

This email address is for submitting information requests, reporting code violations, and requesting payoff demands to remove recorded notices/liens from properties. You can also contact Neighborhood Services at (209) 937-8813 or fax a demand request to (209) 937-7264.

Tips for Filing Complaints with Code Enforcement

• Code Enforcement inspectors will ONLY write a report of what they see. They will not go under buildings, on roofs, or pull open walls to look for mold.
• You can book an inspection based on one complaint and have them look at any other potential issues while they are in your unit.
• Each separate unit has to place its own complaint(s). You cannot make a complaint for other apartments.
• Overall building inspection can be requested for common areas.
• After filing a complaint, make sure to get the inspector's card with your case number on it. Call and follow up OFTEN to check the status of the case.
• Sometimes they will close the case without notifying you. You can contest the closing of a case and ask that it be reopened if the repairs have not been completed.
• Take photos and videos and either text them to someone or email them to someone to have a time-coded record of the issue.
• Keep copies of all communications with the landlord and with code enforcement.
• Be there for the inspection because sometimes the landlord will be there instead and they will attempt to minimize any issues.
• Ask for copies of any inspection reports.

Health Code Violations

Health code violations include cockroaches (but not water bugs), rat or mice infestation, visible mold or mildew, and sewage in the bathtub. Contact the Health and Human Services Department for your city of residence.

Depending on where you live, lodge a complaint with both the city and county. They will ONLY create a report based on what they can see, and only create a file based on health code violations (e.g. rats), not building code violations (e.g. a faulty water faucet).

Building Code Violations

File complaints with Stockton Code Enforcement regarding issues with the structure of your unit, such as termites or roof damage.

Whenever you file a complaint with Stockton Code Enforcement, you can also ask that they inspect all the smoke and carbon monoxide detectors in the building. They can also write up the landlord for any other violations seen on the property.

Legal Reasons for Evictions

The Tenant Protection Act of 2019 (AB 1482) introduced statewide rent control and just cause eviction protections for certain residential tenants.

At-Fault Evictions

1. Failure to pay rent as required by the lease agreement.
2. Breach of a material lease term: Violating significant terms of the lease, such as unauthorized alterations or prohibited activities.
3. Refusal to sign a new lease: declining to sign a lease renewal or extension with similar terms when requested by the landlord.
4. Criminal activity: committing crimes on the property or engaging in criminal acts directed at the landlord or their agent.
5. Nuisance or waste: engaging in behavior that disturbs other tenants or causes damage.
6. Denial of lawful entry: refusing to allow the landlord access to the unit for legitimate reasons, such as repairs or inspections.
7. The tenant unreasonably interferes with the landlord's ability to perform major renovation to a unit or the building.

No-Fault Evictions

1. If the landlord needs the apartment to move in their child, spouse, parent, manager, and/or themselves.
2. If the landlord is going to demolish the building or wants to remove the apartment from the housing market (Ellis Act).
3. If the landlord was told by a government agency to empty the units.
4. If the Federal Department of Housing and Urban Development (HUD) owns the building and wants to sell it.
5. If the building is a residential hotel that the landlord will convert or demolish.
6. If the landlord will convert the building to government certified affordable housing.

If You DO NOT Live in a Building Under Rent Stabilization

The landlord may evict you for any reason.

HOWEVER, the law requires that advance written notice be given to the tenant, stating that the landlord no longer wants to rent to the tenant.

• If the tenant has lived in the unit for MORE than one year, then the landlord must give a 60-day notice.
• If any tenant has lived in the unit for LESS than one year, then the landlord only has to give 30-day notice.

3-Day Notice

Under California law, a landlord can evict a tenant with only a 3-DAY advance written notice for any of the following reasons:

• Failure to pay rent.
• A violation of the lease agreement or contract.
• Materially damaging the property.
• Being a nuisance.
• Using the apartment for any illegal activities.

The tenant has 3 days to correct the violation. If corrected within 3 days, they will not have to move out.

Eviction Process

Landlord Serves Eviction Notice

If you receive any of the following documents, respond immediately. If you DO NOT respond, you could lose your home or enter a court process.

If Tenant DOES NOT File Response:

1. Landlord requests entry of default and clerk's judgment for possession.
2. Default and judgment are entered.
3. Landlord files writ of possession.
4. Sheriff posts 5-day notice to vacate.
5. Case ends.

If Tenant Files Response:

1. Landlord requests trial date.
2. Court mails notice of trial date to landlord and tenant.
3. Trial within 20 days of request.

Four Possible Outcomes:

(The parties can negotiate a settlement at any time during the process.)

1. Tenant wins (legal or technical issue): Tenant can stay.
2. Conditional judgment (habitability issue): Tenant wins if they can pay reduced back-rent within 5 days.
3. Stipulated judgment (court-approved settlement): Tenant must pay back rent and other costs.
4. Landlord wins: Receives judgment for possession.

Voluntary Vacate Agreements

What is a Voluntary Vacate Agreement or Cash-for-Keys?

Cash-for-keys is an illegal buyout that happens when a landlord offers money for a tenant to voluntarily end a lease and leave an apartment without informing the tenants of their legal rights regarding eviction.

Some things to consider about buyout offers:

• 30% of the buyout offer will be paid to the federal government and still more to the state.
• 10-30% of the amount will be used for legal fees.
• The requirements to rent have become more intense. Many landlords require you to earn twice the rental amount in order to qualify.
• When calculating the financial impact of accepting a buyout offer, consider: How much money will you need to move out without hurting financially? How far will you have to move to find a place you can afford?

Estoppel Certificate

What is an Estoppel Certificate?

An Estoppel Certificate does NOT mean you will be evicted. An estoppel indicates that there will be changes in the building or ownership.

An Estoppel Certificate is NOT a lease or new lease. It confirms the terms of occupancy—rental agreement and lease terms—for tenants.

Estoppel Certificates can be of value to tenants:

• In the event that there is a dispute between you and a future owner, you can use the estoppel to prove your terms of occupancy.
• The certificate invites you to note informal or verbal agreements outside of your written lease.
• You MUST note any incorrect information on the certificate on the form or a separate letter that is signed and dated.
• Sign and date ALL documents and make two copies (one for yourself).

Legal Entry

For ALL tenants (with or without Rent Stabilization)

When can the landlord enter?

• California law states that a landlord can enter a unit with reasonable advance written notice (24 hours or 6 days by mail).
• A landlord can enter only during normal business hours (generally, weekdays 8:00 AM-5:00 PM).
• The notice must state the date, approximate time, and purpose of entry.
• A landlord cannot issue a 24-hour notice that covers multiple days.

Reasonable advance written notice IS required for:

• To make necessary or agreed-upon repairs, decorations, alterations, or improvements
• To show the unit to prospective tenants, purchasers, or lenders
• To provide entry to contractors or workers
• When a court order permits the landlord to enter

Advance written notice is NOT required for:

• An emergency that constitutes a negative impact to property, health, or safety
• When a tenant has moved out or abandoned the unit
• When a tenant is present and consents to entry
• When the tenant and landlord have already agreed on entry for repairs

Security Deposits

For ALL tenants (with or without Rent Stabilization)

What is a security deposit?

The security deposit may also be called: last month's rent, security deposit, pet deposit, key fee, or cleaning fee. Make sure your rental agreement clearly states you have paid a security deposit and the correct amount.

Under California law, security deposits MUST be refundable. However, the landlord may keep part or all for:

• Rent is owed
• The unit is less clean than when you first moved in
• The unit is damaged beyond normal wear and tear
• Failure to restore personal property (such as keys or furniture)

Legal limit for total security deposit:

The landlord can also require you to pay the first month's rent in addition to the security deposit.

Can a new landlord increase the security deposit?

The landlord can only increase the security deposit at the end of your lease period, or if your lease specifically allows for an increase. The new amount cannot exceed the legal limit.

It is the tenant's responsibility to provide an address where the security deposit can be mailed.