Working Class Unity Tenant Union Handbook
Chapter 1: Know Your Rights
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 Chap. 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
Landlords MUST provide a formal written notice for rent increases at least:
- 30-day notice for all week-to-week leases
- 30-day notice for all month-to-month leases for tenants who have lived there for less than one year
- 60-day notice for all month-to-month or yearly leases with tenants who have lived there for more than one year
- 90-day advance notice if the rent increase is greater than 8.8%
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 Chap. 3)
- Infestations that violate the Building Code: termites (See Chap. 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:
- Make a list of the damaged or infested areas (if your landlord has provided you with a repairs sheet, fill it out thoroughly).
- Take photographs of the damaged or infested areas, and include the day’s newspaper to show the date the photograph was taken.
- 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.
- Keep dated documentation (e.g. receipt from post office, texts, emails, letters, etc.), and copies of all correspondence and photographs sent to the landlord.
- 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. The city inspector assigned to your case can give you specific deadlines that the building owner has to follow for each complaint you have made. (See Chap. 3 for information on filing a complaint.)
| Department/Service | Agency/Office | Phone Number |
|---|---|---|
| House/Housing Abatement | Community Development | 209-468-3141 |
| House/Housing Administration | San Joaquin Fair Housing Authority | 209-460-5084 |
| House/Housing Assistance Applications (Section 8) | San Joaquin Fair Housing Authority | 209-460-5085 |
| House/Housing Assistance Programs | Neighborhood Preservation | 209-468-3065 |
| House/Housing Authority Customer Service | San Joaquin Fair Housing Authority | 209-460-5095 |
| House/Housing Discrimination | San Joaquin Fair Housing Authority | 800-994-0999 or 209-460-0999 |
| House/Housing General Information | San Joaquin Fair Housing Authority | 209-460-5000 |
| House/Housing Rental Assistance (Section 8) | San Joaquin Fair Housing Authority | 209-460-5088 |
| House/Housing Weatherization | Human Services Agency (Aging & Community Services) | 209-468-0439 |
Remember: For ALL tenants, landlords must provide at least a 24-hour advance written notice to enter the unit to do repairs and they can enter even when you are not home.
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:
- Landlords by law 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 Chap. 3)
- Note: This is only if the utility costs are included in your rent
- Additional information: https://rentprep.com/blog/legal/california-landlord-tenant-law-utilities/
Dos and Don’ts
Before You Move In:
DO: Read and understand what you sign.
DO NOT: Sign things that are false.
- If you have a pet, then do not sign that you do not own one.
- Make sure all of the people who will live in the apartment are listed.
- If there are bad conditions, then do not sign that the place is in good condition.
DO: Take pictures to document the condition, especially of things that are already wrong or damaged in the apartment.
During the Rental:
DO: Pay rent on time.
DO NOT: Pay rent in cash.
DO: Ask for receipts for rent payments, which clearly state the landlord’s name, date covered by the rent, and the amount paid. (If receipts are refused, keep your own records of payment with a log book, bank statements, photos, etc.)
DO NOT: Accept false or incorrect receipts.
DO NOT: Violate the lease agreement.
- No pets without written permission means… get written permission.
- No guests without written permission means… get written permission.
- No alteration means… don’t change the locks or paint and put in shelves.
DO NOT: Sign anything you do not understand.
DO: Talk to a lawyer or housing advocate at the first sign of trouble. (See Resources)
When You Move Out:
DO: Give more than 30 days written notice. Mail it with proof of mailing (certified mail or mail with a delivery confirmation receipt, such as USPS Priority Mail).
DO: Ask for a move out inspection, and take pictures of how you left the apartment.
DO: Talk to a lawyer or housing advocate at the first sign of trouble.
Chapter 2: Paying Rent
Paying Rent
Easy Steps to Protect Yourself and Your Rent Money
Forms of Payment
- Payment in person is always preferable.
- Never pay with cash or a personal check.
- 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, regardless of whether the official head of household is present or not.
- 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.
Chapter 3: Reporting Violations
The most important part of reporting code violations is to remember that bad appearances are not necessarily a code violation. It is a code violation if it should work and does not.
If you are going to file ANY official complaints, you MUST follow all of the Rent Paying tips in Chapter 2. Hostile landlords will try to claim nonpayment of rent as one of their first methods for retaliation. DO NOT ATTEMPT TO WITHHOLD RENT WITHOUT LEGAL CONSULTATION.
Stockton Code Enforcement
- Phone: 209-468-3141
- Email: NSS@Stocktonca.gov
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. If they cannot immediately see what the complaint is, they will not open a case file.
- You can book an inspection based on one complaint and have them look at any other potential issues while they are in your unit. Again, they will only open a case based on what they see. You can have multiple repair complaints with your unit filed in a single complaint; each one does not have to be filed separately.
- Each separate unit, however, has to place its own complaint(s). You cannot make a complaint for other apartments. Each actual tenant has to call and request their inspection.
- 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. Do NOT let them close case files without the work being done.
- 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. Be prepared with a list of issues with proof for when the inspector does come.
- 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. For example, if you are a resident of Stockton, report health code violations to the San Joaquin County Public Health Services.
San Joaquin County Public Health Services
- General Information and Questions: Call (209) 468-3400
- Additional Help: Email phs-info@sjcphs.org
- Administration: 209-468-3411
- Public Info and Communication: 209-468-3859
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). Once you have the inspector in your unit, feel free to show them any other issues.
Building Code Violations
Stockton Code Enforcement Building Inspections
- Phone: 209-468-3141
Stockton Code Enforcement aims to preserve and enhance safety through enforcement of applicable ordinances and land use regulations.
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. Be sure to show them any obvious building or safety issues.
Chapter 4: Evictions
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
- Failure to pay rent as required by the lease agreement.
- Breach of a material lease term: Violating significant terms of the lease, such as unauthorized alterations or prohibited activities…
- Refusal to sign a new lease: declining to sign a lease renewal or extension with similar terms when requested by the landlord.
- Criminal activity: committing crimes on the property or engaging in criminal acts directed at the landlord or their agent.
- Nuisance or waste: engaging in behavior that disturbs other tenants or causes
- Denial of lawful entry: refusing to allow the landlord access to the unit for legitimate reasons, such as repairs or inspections, as permitted by law.Illegal subletting: subleasing the unit in violation of the rental agreement
- The tenant unreasonably interferes with the landlord’s ability to perform major renovation to a unit or the building.
No-Fault Evictions
The landlord is required by law to compensate a tenant for relocation costs for the reasons below.
- If the landlord needs the apartment to move in their child, spouse, parent, manager, and/or themselves.
- If the landlord is going to demolish the building wants to remove the apartment from the housing market-for example, to convert the units into condominiums, offices, or for private business. (This is the Ellis Act, a state law that allows landlords to legally evict tenants when removing units from the rental market. See Glossary.)
- If the landlord was told by a government agency to empty the units.
- If the Federal Department of Housing and Urban Development (HUD) owns the building and wants to sell it.
- If the building is a residential hotel that the landlord will convert or demolish.
- 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.
A landlord who wants to terminate a month-to-month tenancy can do so by properly serving a 30-day or 60-day advance written notice. Generally, that notice does NOT have to state the landlord’s reason for ending the tenancy.
- 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. This applies to tenants in BOTH rent-stabilized and non-rent-stabilized housing.
California Civil Code 1942.4 is a statewide law that addresses landlords who neglect to make repairs after tenants have filed a complaint and the city or county has instructed the landlord to fix the problem. If the landlord has failed to adequately respond to official instructions (called a “code enforcement order”) for over 35 days, then a number of protections for tenants automatically go into effect. In such a case the “landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a 3-day notice to pay rent or quit.” DO NOT ATTEMPT TO WITHHOLD RENT WITHOUT LEGAL CONSULTATION. (See Resources)
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.
- 3-Day Notice to Perform or Quit:
The written notice must indicate the unit involved and the issue. It also must present an alternative to the tenant about how to resolve the problem.
(ex. You receive a 3-Day Notice to Perform or Quit saying that you must remove items blocking the hallway because they’re a fire hazard. You then must remove the items, take pictures, and then send a letter to the landlord with the pictures as evidence before the end of the 3rd day.) If you do not comply or respond, the landlord can initiate a court eviction process. - 30-Day Notice
- 60-Day Notice
- 5-Day Court Summons:
When you receive this it means your landlord has filed an eviction case against you in court. You have 5 days to reply to this notice. If you don’t, then you can lose your case in court. This is the moment in which you need assistance from a lawyer.
Tenant Complies
Case ends.
Tenant DOES NOT Comply
Landlord files and serves lawsuit for eviction (Unlawful Detainer).
Tenant has 5 days to file a response after receiving court papers.
Eviction Process
Tenant DOES NOT File Response
- Landlord requests entry of default and clerk’s judgment for possession.
- Default and judgment are entered
- Landlord files writ of possession.
- Sheriff posts 5-day notice to vacate.
- Case ends.
Tenant Files Response
- Landlord requests trial date
- Court mails notice of trial date to landlord and tenant
- Trial within 20 days of request
Four Possible Outcomes
( The parties can negotiate a settlement at any time during the process. )
-
Tenant wins (legal or technical issue):
Tenant can stay. -
Conditional judgment (habitability issue):
Tenant wins if they can pay reduced back-rent within 5 days. If unable to pay, landlord wins, and tenant must move out. -
Stipulated judgment (court-approved settlement):
Tenant must pay back rent and other costs, and may stay or move out depending on agreement. -
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.
Tenants have NO legal obligation to sign a voluntary vacate agreement or to accept cash-for-keys under any circumstances.
Landlords have hired harassment professionals to force tenants into signing such agreements, taking advantage of tenants who do not know their legal rights. Tenants end up feeling like they have no choice but to accept this offer, even if the amount of money is less than they are actually entitled to.
- Never relinquish your rights without consulting with an attorney.
Again, tenants have NO legal obligation to accept a buyout offer.
Voluntary Vacate Agreements
Some things to consider about buyout offers (for ALL tenants in California):
- 30% of the buyout offer will be paid to the federal government and still more to the state. The lump sum may affect your tax bracket, which could impact your next year’s refund, and your acccess to public healthcare coverage, Section 8, student grants and loans, food stamps, etc.
- 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 (e.g. an apartment that is / month requires that you earn / month). The one-time buyout sum will not count as monthly earned income. You might have to live in a hotel while trying to find an apartment, spending even more of the buyout amount. In addition, your rent may now be double, triple, or quadruple what it was before.
- When calculating the financial impact of accepting a buyout offer, consider the following questions: How much money will you need in order to move out without hurting financially? How far will you have to move in order to find a place you can afford? How much will it cost in gas to drive the additional distance for five years?
Once you have determined how much money you really need, account for additional taxes as well as accounting and legal fees, then you will have a more accurate sense of the buyout offer’s actual monetary value.
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. Informing yourselves about your rights and working together with your neighbors is the best way to ensure such changes do not affect your ability to remain in your home.
An Estoppel Certificate is NOT a lease or new lease.
An estoppel certificate confirms the terms of occupancy—rental agreement and lease terms—for tenants.
As part of an owner’s due diligence, the owner will submit completed estoppel certificates to a prospective financer or buyer. The legal purpose is for landlords to confirm all obligations to current tenants (amount of rent, lease terms, etc.), and share this with a prospective financer or buyer. This prevents the landlord or tenants from making false claims or representations.
Estoppel Certificate
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. This is especially important if you do not currently have an actual written lease.
- The certificate invites you to note informal or verbal agreements outside of your written lease (ex. agreements about subletting, roommates, use of storage facilities, pets, or any other extra privileges). This creates a legal document of these agreements.
- 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).