What Is the Landlord-Tenant Legal Assistance Network?
The landlord-tenant legal assistance network is made up of 14 local legal assistance programs across California that provide free and low-cost legal information and services to low-income tenants and landlords. Typically, these clinics handle the range of landlord-tenant issues, including eviction, rent increases in rent-controlled units, habitability problems, security deposits, and nuisance complaints.
With so many local legal aid offices, a typical tenant may be able to receive some assistance, but may be limited in the level of service she receives or the type of free legal clinic available to her. For example, a single woman with children may be unable to leave her house or find child care on the weekends when her local clinic offers Saturday legal clinics. Also, some legal clinics enforce eligibility guidelines based on the type of housing you live in; for example, they may exclude Section 8 tenants or those living in permanent supportive housing units from representation. Some family law clinics only accept cases involving married couples, some only consult with one parent to a child, some may see only one spouse of a domestic violence victim . Some housing clinics only see tenants while others will see both tenants and landlords if the landlord’s issue also affects tenants who are low-income, such as increases in common area charges that apply to tenants in rent-controlled housing. The most popular choice for a tenant is to get individual legal advice in preparation for self-representation in court. The second most popular option is representation at an administrative hearing or at a local court, often at an unlawful detainer clinic alongside other tenants, whom the attorney or paralegal consults with briefly before court. Less popular options include filing of papers with the court on behalf of the tenant, and brief legal consultation.
While the majority of the clients served by the landlord-tenant legal assistance network are tenants, the ability of the network to provide assistance to landlords, particularly small landlords, provides for a balanced approach to rental housing issues. Twenty-two percent of the clients served were landlords. Having such a large percentage of landlord clients in these clinics allows for better understanding of the unique struggles of small landlords in enforcing the terms of rental agreements.
How to Seek Legal Assistance
Eligible landlords and tenants can access legal assistance by calling or visiting one of the Landlord-Tenant Legal Assistance Network providers. There are five providers currently running programs:
Landlords and tenants may also call the Housing Action Center at 1 (844) 399-6012 for information about eligibility. The Landlord-Tenant Legal Assistance Network has two separate programs: One for income-eligible tenants and landlords, and one for the general public. There is no fee for eligible participants in the income-based program, while fees apply to most participants in the general program. They accept all clients, regardless of immigration status, so long as the client is a renter or landlord with an active case. Tenants and landlords may qualify for income-based services if their income is at or below 80% of area median income according to the latest U.S. Census Bureau data. When an eligibility determination is made, the program will be carried out in one of several ways, including: A percentage of each match through the Housing Action Center may be earmarked for rental assistance.
Major Legal Topics Covered
The landlord-tenant legal assistance network covers a broad range of legal issues surrounding the relationship between a landlord and a tenant and the rights and responsibilities of both parties. One of the most common types of legal issues handled within the landlord-tenant legal framework is eviction notices. Landlords are legally able to evict a tenant under certain circumstances, such as non-payment of rent, violation of lease terms, or illegal activity on the property. However, the process of eviction must be properly followed in order for it to be legal. Failure to properly evict a tenant can result in having to forfeit a lease a second time when a non-judicial eviction takes place.
A lease agreement is another common legal issue that is addressed in a landlord-tenant legal assistance case. A full lease agreement should be in writing and in two parts: the notice to tenant and the Terms of Lease Agreement. A notice to tenant should contain the following information: The Terms of Lease Agreement is a contract that outlines the rights of both the tenant and the landlord. Every jurisdiction has its own rules regarding the specific details that must be included in a lease, and these should always be followed. The paragraphs within a lease agreement that are commonly violated are: Finally, security deposit disputes are also a common type of legal issue regarding the landlord and tenant. When a tenant moves out of a property, the landlord is legally required to return the deposit, but if there is evidence of damages or unpaid rent, the security deposit may be withheld. However, the landlord must provide the tenant with a written notice, which includes time allowed to the tenant to contact the police department and file a report on the damage to the property.
Identifying the Right Legal Help
When it comes to finding the right legal support within the landlord-tenant legal assistance network, the landscape can be quite varied. Depending on the nature of your issue, you may need legal assistance on either the criminal or civil side of landlord-tenant law. If you are being prosecuted in a criminal landlord-tenant matter, such as for failing to pay rent or a related issue, you will want to make sure you find a licensed criminal defense lawyer who handles this area of attorney. Otherwise, if you are seeking to protect your rights and assert them in civil court after the landlord has taken unlawful actions, you should hire a lawyer who handles your type of case. Whether it is an eviction or other issue related to landlord-tenant law, finding the right lawyer for your specific issue is essential.
If you have not yet been served with a complaint and are looking before you need it, there is no question that you should consult with the landlord-tenant resources in your region. Particularly if you are facing a potential eviction, pressure from your landlord , or the loss of your rights, talking to some of the legal aid organizations in your area will help you determine whether you need legal assistance.
One way to find these resources is through your local bar association. Many areas have a legal aid society that offers free legal assistance to those who cannot afford it. Your local bar association can point you in the direction of legal aid organizations, help identify whether your case is appropriate for legal aid, and – in many cases – provide a list of attorneys who have volunteered to accept pro bono (i.e. free) cases for those who qualify.
More general online directories such as Super Lawyers are also good ways to find a lawyer for your landlord-tenant case. You must simply enter your zip code and the practice area you need legal assistance with, such as landlord-tenant law. You can then review the results to find a qualified lawyer. Keep in mind that your landlord-tenant legal issue may be very similar to a housing law issue; your case may be more appropriate for a housing law attorney.
Advantages of Legal Assistance Networks
The legal assistance network can be beneficial for both landlords and tenants. For both parties, such a network helps to alleviate one of the most fundamental problems in the landlord-tenant game: the lack of critical information and the visibility of such information. In any industry, a lack of visibility often causes delays and costs inefficiencies. As it relates to landlord-tenant disputes, a lack of visibility into the relevant laws and new court systems can lead both landlords and tenants to spend more time trying to figure out what the laws are or how to navigate a new system, instead of focusing on resolving the dispute.
For landlords, the major benefit to using the legal assistance network is the upfront access to crucial information. A landlord – or manager, for example – can avoid hiring a lawyer to handle a dispute, since the landlord has access to information about the locality’s landlord-tenant laws and its court systems. Self-help may not resolve all the issues, but with access to up-to-date and easy-to-read information, landlords can at least be pointed in the direction of the law, statute, or ordinances that are applicable to a particular issue. This saves time in preparing for a court hearing, or in crafting a demand letter or counter-demand.
To tenants, the benefit of a legal assistance network is that it provides affordable and even free content. For tenants, gaining access to legal assistance may mean the difference between ability to pay rent for an apartment or house, or getting forced out of one’s home. For many individuals, finding a lawyer can be daunting, especially for those who may be struggling economically. Having access to a legal assistance network allows tenants to easily gain access to information that can help them resolve their particular issue.
With respect to resolving disputes more quickly, having access to such a network may expedite the overall process of resolving a dispute, say, in court. After a few hours spent researching how to file a claim in a new jurisdiction, and going to the clerk’s office to get the necessary forms and pay the filing fees, the tenant should then be able to file the claim without wasting a significant amount of time. Having access to the legal assistance network saves them critical time that could be used to either address other issues relating to the dispute or to simply focus on other important tasks.
Case Studies of Successful Resolutions
Many users have benefitted from the Landlord-Tenant Legal Assistance Network’s (HOPLA) advice service and after receiving advice, have resolved their issues. Read below about a few real-life scenarios where the use of our legal advice service has resolved a tenant’s legal issues.
TESTIMONIAL 1
In one case, an individual lived in a condo rental unit and was being asked to leave by their landlord for having a dog. Although the tenant had a disability, the landlord refused to accommodate the assistance animal request. Our advice out-stretched beyond this one tenant. Recognizing that the condo board at fault, we connected this individual with a condo expert in order to address the issue at the condo board level. The landlord issued a formal apology and rescinded the eviction notice. No evictions, and on that account , everyone benefits.
TESTIMONIAL 2
Another client was facing an unwarranted eviction proceeding at the landlord tenant board by the landlord. The landlord claimed rental arrears that were not truth based. We represented this client at the board and were able to go through the numbers with the board and show that the landlord had falsely calculated the rent arrears and agree to consent orders that were amenable to both sides. Winning the case was important, but disclosing the landlord’s inflated rent calculations concluded the matter on a conciliatory note with the landlord board and tenant in agreement.
TESTIMONIAL 3
A tenant is being pressured to vacate their apartment. The landlord is harassing them by calling at all hours of the day plus threatening electricity shut off. The tenant is unable to pay a lawyer to help them out. Our trained volunteer lawyers assisted the tenant by providing counseling on illegal landlord actions and the effect of his landlord shutting off electricity. The next step will be to address the situation at the housing tribunal. If needed, the tenant can later be connected with the process via our "Adopt A Case" program. The tenant’s matter has been positively impacted through strategic counseling by a trained volunteer lawyer.