Frequently Asked Questions (FAQ)

Frequently Asked Questions (FAQ)

  • At Wobbe Tenant Law, the fee structure depends on the type of matter.

    For all litigation matters, we work on a contingency basis. This means you do not pay any upfront attorney’s fees. Our fee is a percentage of the settlement or judgment we recover for you. If there is no recovery, you do not owe attorney’s fees.

    For tenant buyout negotiations, we use a hybrid structure. We bill hourly for our time if a buyout does not occur. If we successfully negotiate a buyout, our fee becomes a contingency percentage of the buyout amount. This structure keeps our incentives aligned with yours.

    If you believe your tenant rights may have been violated, you can start by completing a brief intake form. After reviewing the information, we will let you know whether your situation may be a good fit for our firm and what the next step would be.

  • Once you submit the intake form, the information is reviewed to determine whether the situation aligns with the types of cases our firm handles.

    Depending on the circumstances, you may receive a link to schedule a free screening call, or you may be asked to complete a case evaluation form so we can better understand the details of your situation.

    Because we receive many inquiries and tenant claims are subject to legal deadlines, we are not able to accept every matter for representation. As a small tenant rights firm, we focus our practice on cases involving significant violations of tenant protection laws.

  • You may have a legal claim if your landlord has violated your rights as a tenant. Many tenant cases arise from serious housing violations or attempts to force tenants out of their homes.

    Common claims include:

    Wrongful or Constructive Eviction – Attempting to force a tenant to move out without a lawful eviction process or creating conditions that make the home unlivable.

    Tenant Harassment or Retaliation – Pressuring a tenant to leave, repeatedly entering the unit without notice, shutting off utilities, refusing necessary repairs, or retaliating after a tenant asserts their rights.

    Serious Habitability Violations – Failing to address major conditions such as mold, sewage problems, water intrusion, lack of heat, pest infestations, or other unsafe living conditions.

    Unlawful Buyout Pressure – Attempting to pressure tenants to move out of rent-controlled or long-term tenancies through coercive or unlawful buyout practices.

    Every situation is different, and whether you have a case depends on the specific facts and documentation. The best way for us to evaluate your situation is to complete our confidential intake form. After reviewing the information, we will let you know whether your matter may be a good fit for our firm.

  • In most situations, a landlord cannot simply tell a tenant to move out. California law and many local ordinances require landlords to have a legally recognized reason—often called “just cause”—before requiring a tenant to vacate.

    In cities with strong tenant protections, landlords may also be required to pay relocation assistance or follow strict procedures before recovering possession of a unit.

    If your landlord has told you that you must move, offered you a buyout, or taken actions that are making it difficult to remain in your home, it may be important to understand your legal rights before agreeing to anything.

  • Landlord harassment is illegal, and you have rights. Harassment can include threats, illegal entry, shutting off utilities, refusing repairs, or pressuring you to move out. If you’re experiencing this, here’s what to do:

    • Document Everything – Keep records of texts, emails, letters, and notes on verbal interactions. Take photos or videos if applicable.

    • Put Requests in Writing – If your landlord is ignoring repairs or violating your rights, send written requests via email or certified mail.

    • Know Your Rights – Many cities, including San Francisco and Oakland, have tenant harassment protections that allow you to sue for damages.

    • Call the Authorities if Needed – If you feel unsafe, contact the police or local housing agencies.

    • Seek Legal Help – We specialize in holding landlords accountable. If your landlord is harassing you, schedule a free consultation, and we’ll help you explore your legal options, including possible compensation.

  • Under California law, your landlord is legally required to keep your rental unit safe and habitable. If they refuse to make necessary repairs, you have several options:

    Your Rights Include:

    • Request Repairs in Writing – Always notify your landlord in writing (email, text, or letter) and keep copies for your records.

    • Withhold Rent or Repair & Deduct – If repairs aren’t made in a reasonable time, you may have the right to withhold rent or pay for the repairs yourself and deduct the cost.

    • Call a Housing Inspector – You can report serious violations to local housing agencies, which may fine your landlord or force repairs.

    • File a Lawsuit – If your landlord refuses to fix dangerous conditions (mold, leaks, pests, plumbing issues, lack of heat, etc.), you may be entitled to financial compensation for reduced rental value, emotional distress, or even relocation costs.

    What Repairs Are Legally Required?

    Your landlord must provide:

    • Working plumbing, heat, and electricity

    • A structurally safe unit (no leaks, broken floors, or hazardous conditions)

    • Freedom from infestations (mice, roaches, bedbugs, etc.)

    • Hot and cold running water

    • Functioning locks on doors and windows

    If your landlord is ignoring your requests, contact us—we can help you understand your rights and take action.

  • Yes, in certain situations, you can legally break your lease without penalty under California law. Here are some common reasons tenants can break a lease early:

    Legally Justified Reasons to Break a Lease

    • Uninhabitable Living Conditions – If your landlord refuses to fix serious issues like mold, sewage leaks, pest infestations, or no heat, you may be able to leave under California’s implied warranty of habitability (Civil Code § 1942).

    • Landlord Harassment or Privacy Violations – If your landlord is illegally entering your unit, shutting off utilities, or retaliating against you, you may have grounds to break your lease.

    • Domestic Violence, Stalking, or Abuse – California Civil Code § 1946.7 allows survivors of domestic violence, stalking, or abuse to terminate a lease early with proper notice and documentation.

    • Military Deployment – Under California Military and Veterans Code Section 409, active-duty military members can end a lease early if they receive deployment orders.

    What If None of These Apply?

    If you don’t have a legally protected reason, you may still be able to:

    • Negotiate with your landlord – Many landlords will agree to an early termination if you help find a new tenant.

    • Use a lease break clause – Check your lease for an early termination policy.

    • Give proper notice – Even if breaking your lease isn’t legally justified, giving ample notice and working with your landlord may help you avoid penalties.

    If you’re unsure about your situation, contact us to discuss your options and avoid unnecessary costs.

  • Yes! Moving out does not mean you lose your right to take legal action against your landlord. You may still have a strong case for:

    • Wrongful or constructive eviction – If you were forced out due to harassment, unsafe conditions, or an illegal eviction.

    • Unlawful security deposit withholding – If your landlord kept your deposit unfairly.

    • Habitability violations – If your landlord ignored serious repair issues that made your home unsafe or unlivable.

    • Retaliation or harassment – If your landlord forced you out by making your tenancy unbearable.

    Statute of Limitations

    The deadline to file a lawsuit depends on your claim:

    • Personal injury (e.g., health issues from uninhabitable conditions): 2 years from when you moved out or became aware of the harm.

    • Breach of contract: 4 years from the violation under a written lease, 2 years under an oral lease.

    • Constructive eviction: 2 years for oral leases from the date you moved out, 4 years for written leases from the date the you moved out.

    If you’re unsure whether you still have time to sue, schedule a 30-minute paid phone consultation—we’ll review your case and make sure you don’t miss any deadlines.

  • Not necessarily. Most tenant lawsuits settle before going to trial, meaning you may never have to step inside a courtroom. We handle all negotiations and legal proceedings on your behalf, working to secure a fair settlement without unnecessary litigation. However, if your case does go to court, we will fully prepare you and advocate for you every step of the way.

  • The timeline for a tenant lawsuit varies depending on the complexity of the case, the court’s schedule, and whether the landlord is willing to settle. Some cases resolve in a few months through negotiation, while others that proceed to litigation can take a year or longer. We aim to resolve your case as efficiently as possible while ensuring you receive the compensation you deserve.

  • The compensation you may recover depends on the specifics of your case. Potential damages can include:

    • Rent reimbursement for uninhabitable living conditions

    • Moving costs if you were forced to move

    • Rent-differential damages based on the difference between what you were paying and either the higher rent you now pay or the fair market value of a comparable unit

    • Emotional distress damages for significant hardship

    • Punitive damages if the landlord’s conduct was especially egregious

    • Attorney’s fees and court costs in certain cases

    Every case is different, and we will assess your situation to determine what damages you may be entitled to pursue.