Frequently Asked Questions

 I received an unlawful detainer complaint, what should I do?

• If you receive an unlawful detainer lawsuit, this means that your landlord has initiated the legal process required to evict you from your unit. Although our firm deals exclusively with affirmative lawsuits against landlords, if you are being served with the unlawful detainer lawsuit within 180 days of making a complaint regarding the habitability of your unit, your landlord may be acting in retaliation. If you believe this may be the case for you, please get in contact with our firm. 

Who is responsible for making sure repairs are performed for a rental unit?

• In every lease, whether it is written or oral, there is an implied warranty of habitability which requires the landlord to ensure that the residential unit is fit with basic necessities such as functioning heat, functioning electricity, plumbing, and various others that can be found in the Breach of Warranty of Habitability checklist. 

I just received a three day notice, what should I do?

• If you receive a three day notice to pay or comply, you must take action and meet the terms of notice, or an unlawful detainer or eviction notice can be produced. If you are receiving the three day notice because of failure to pay rent, pay the amount owed so your tenancy is not at risk. If you are not agreeable to basis for the three day notice or believe it may be in retaliation, the safest course of action would be to pay or comply with the terms of the notice and then consult with a tenants rights attorney. 

I just found out I am living in an illegal unit. What should I do?

• What makes a unit illegal is if it doesn’t meet certain housing, city, or building codes and has not been permitted as a rental unit. If you are told that your unit is illegal, you may be entitled to reimbursement of all rent that has been collected by the landlord. If you discover that your unit is illegal, please contact our office.  

My residential unit is being rented out “as is” is this legal/what does this mean?

• Generally speaking, renting out a unit “as is” means that the landlord and tenant are both acknowledging that the unit will be rented out in the condition it is in at the time of the written/oral lease agreement without any repairs or accommodations made to it. Renting out a unit “as is” maybe  illegal if the landlord rents a unit without basic necessities, such as: heat, effective plumbing, electricity, etc. If you have been told that your unit is “as is” and requires repairs, please contact our office.  

My landlord has gotten very hostile with me/raised rent/telling me I need to move out after I made written complaints regarding repairs needed for my unit, what should I do?

• Generally speaking, if your landlord becomes increasingly hostile or is threatening evictions amongst various other threats within 180 days of notice, the landlord may be acting in retaliation, which is illegal. If you believe you may be facing eviction or harassment for exercising your rights as a tenant, please contact Broderick Brown, Attorney At Law.