Here’s what Sacramento tenants should do if they are in a dispute with their landlords
California has a swath of laws to protect renters in disputes with their landlords. But tenants might find themselves overwhelmed by the complex web of rights, especially when their housing seems to be on the line.
The Sacramento Bee spoke with Erica Jaramillo, an organizer with the Sacramento Tenants Union, about where to start if you believe your landlord may be breaking the law.
Find out who your landlord is
“First, you have to know who is the landlord,” Jaramillo said. “If we’re talking about small mom-and-pops, that’s pretty easy, because you’re usually just signing your lease agreement with one person. But if it’s an LLC, or a corporation, even, then it gets trickier because you’re just usually dealing with a property manager. And property managers unfortunately, can change — they do change, a lot.”
But the owner of a building is (mostly) public record. “We let tenants know that about the assessor’s office,” Jaramillo said. “They can call the assessor’s office” — (916) 875-0700, open 8 a.m. to 4 p.m. weekdays — “and ask for whoever’s listed as the owner and their mailing address.”
With that information, tenants can include the owner in communications about the dispute, not just the property manager. The landlord is the ultimate decision-maker.
Document everything with written accounts, photos and videos
“Documentation is so key to the work that we do in trying to help tenants assert their rights,” Jaramillo said. “The cases gets so much more tricky and difficult when we’re counseling and folks don’t have anything documented.”
When you interact with a landlord, a property manager, or someone who works with the building owner or manager in some way, Jaramillo said, make sure you get everyone’s first and last names, if you don’t know them already. Whenever you have an in-person conversation, immediately send yourself an email summarizing the interaction so that you’ll have a timely account with a timestamp (and, Jaramillo said, you can always CC the Sacramento Tenants Union).
“The timeframe around the documentation is really important,” Jaramillo said. “Do it right after you talk to someone in person, because the courts also look at it in terms of credibility… You remember things better right after they happen than two months down the line, right?”
Witnesses, she said, can also be useful. If a landlord isn’t accepting a rent payment, for example, she said a tenant can go with a friend to drop off the check. She explained, “Judges and courts see cases more favorably when someone is there in the court with them — or even just a declaration stating that they were their and witnessed things.”
Jaramillo said to take plenty of photos or videos, too (and always back them up somewhere).
If tensions with the landlord are already getting high and the landlord is claiming they leave notices that you never receive, Jaramillo said some kind of security camera can be useful, too: “Preventative measures — people should be getting cameras, because so many people are not getting noticed, but the lawyers are submitting documents saying that, yeah, they posted the notice on the door.”
Back up all your documentation in the cloud or email it to yourself
You don’t want to be in a position where you lose or damage your phone and you lose all your evidence. Additionally, Jaramillo said, backing up your evidence is extra critical for the most vulnerable people. “A lot of folks — and a lot of low-income and unhoused folks — their numbers change a lot.”
Do your research and strategize
Sites can help you figure out what your rights are — and whether your landlord might be breaking the law. “Tenants Together is a statewide organization, but they have some really good basic California housing law information on their website,” Jaramillo said. “And then, they have various contacts that are throughout the state within cities and counties of different organizations that work directly with tenants.”
Jaramillo’s own organization also compiles information on the law. “We have a library that we’ve put online that’s open to anyone. And we have a couple of Nolo books” — do-it-yourself legal books. Their library also has templates for letters about your dispute.
Additionally, if you’re facing an eviction case, the courts themselves can be a resource. “What I found to be very helpful in helping tenants, specifically with evictions is the self-help website for the California courts. It goes through, if you’re a landlord or if you’re a tenant, what is the eviction process? What forms do I have to file? What are some common defenses to getting an unlawful detainer?”
Get to know your neighbors
If you’re having a problem with your landlord or their property manager, Jaramillo said the odds are high that your neighbors are experiencing similar issues. And, she said, there is strength in numbers. Where one tenant asserting their rights might not change a landlord’s behavior, multiple tenants working together might have that power.
Talk directly to your landlord — thoughtfully
“Reach out to the Tenants Union, look at Tenants Together. Do your research first before executing any plan,” Jaramillo said. “Strategizing how to deal with it is just as important as just shooting off the communication about it.”
Consider the risks — and ask for help.
“It’s important for tenants to know that there are risks that come with” asserting their rights under the law, Jaramillo said. For example, she said, landlords aren’t allowed to retaliate against a tenant for 180 days after the tenant does something they are legally allowed to do, such as ask the landlord to repair something in their unit. But just because something is against the law, doesn’t mean a landlord won’t do it. “That’s why it’s important to reach out to more experienced, organized folks that do this work,” Jaramillo said, “so the tenants understand the risks and can make an informed decision about how they want to navigate.”
