
Tenant Law Glossary
Common Terms in Tenant Law
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Money paid to an attorney for legal services, either as a percentage of a settlement (contingency fee) or as an amount paid by the hour or per service completed. Sometimes, certain laws or terms of a lease may require the losing party to cover the winner’s fees.
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All legal expenses apart from attorney’s fees—like filing fees, court reports, expert witness fees, and process service costs. These may be owed from the losing party if certain laws are violated, or stated in your lease.
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A situation where living conditions have deteriorated so badly—like lack of repairs or ongoing harassment—that it’s unreasonable for a tenant to stay. It’s as if the landlord has forced you out without formally evicting you.
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A legal arrangement in which the attorney’s fees are dependent on winning the case and are not paid upfront. If the case is lost, the client does not pay the attorney for work done. If the case is won, the attorney keeps a percentage of the compensation the client is rewarded.
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When a landlord evicts you without following legal procedures—or does so fraudulently—such as by claiming to be moving in and then renting to someone else, or by self-help through changing locks, disposing of your belongings, or evicting in retaliation, or due to discrimination.
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A guarantee—assumed to exist in every lease by law—that you can use and live in your rental unit without interference from your landlord, their agents, or others under their control. Failing to respect this breaches your right to peaceful occupancy, and denies you the benefit you paid for, which means you are owed some form of compensation.
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A legal promise that your rental is safe and livable. It covers things like plumbing, electricity, and structural integrity. This applies to residential leases—even if it isn’t written in your contract—but not commercial rentals.
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A legally recognized reason for eviction—such as failure to pay rent or lease violations. In many places with tenant protections, landlords cannot evict without just cause.
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The person or entity that owns rental property and provides tenants with the right to live there in exchange for rent or something else of value. Landlords are responsible for maintaining the property and respecting legal limits on its use. A landlord may employ a property manager, who carries out the landlord’s responsibilities such as answering maintenance requests and collecting rent. A property manager may be responsible for their own misconduct but it is the landlord who is responsible for breaches in contract terms such as the warranty of habitability and covenant of quiet enjoyment.
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Master Tenant: Rents from the landlord and may lease out part or all of the property to someone else. They are legally both a tenant and, toward the subtenant, a landlord.
Subtenant: Rents from the Master Tenant—not the original landlord—but certain obligations may still apply to the landlord.
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Prevailing Party Provision: Allows the winner of a lawsuit to have their legal fees paid by the losing party—if included in law or your lease.
Prevailing Tenant Provision: Specifically allows a tenant who wins to recover legal fees, even if the tenant isn’t required to pay the landlord’s fees if they lose. These provisions are included in tenant rights laws to encourage tenant representation and fairness.
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A claim tenants can make when the landlord fails to fulfill important obligations—like habitability—resulting in the tenant paying for something they didn’t receive. The landlord may owe a partial or full rent refund, depending on the severity of the breach.
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The solution available when your rights are violated. This could include monetary compensation, court orders (like injunctions to do or not do something), or other forms of relief.
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A contract—oral or written—that outlines the tenancy terms between you and your landlord (or between a Master Tenant and Subtenant), including your rights and obligations.
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Rent Control: Legal limits on how much and how often a landlord can increase rent in certain rental units or within a given city or state.
Rent-Controlled Unit: A rental property that is covered by rent control laws, usually older buildings in specific cities.
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If you're illegally evicted from a rent-controlled unit, you may sue for the difference between what you were paying and current market rent, multiplied over your intended tenancy. This is to compensate for the financial hardship of displacement.
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The property you rent—the place you have exclusive right to occupy, usually in exchange for rent.
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Someone who shares your lease and is jointly responsible for rent and upkeep. In some arrangements, one roommate may act as a Master Tenant with others as Subtenants.
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Money you give the landlord at the start of tenancy to cover damage or unpaid rent. Laws regulate the maximum amount and how it must be returned—typically within 21 days—minus reasonable deductions. Wrongful withholding can result in penalties.
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In certain cases—often involving harassment or discrimination—courts can or sometimes must order triple (3×) damages to punish wrongdoing and deter future misconduct.
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The formal legal process a landlord must follow to evict a tenant. It's faster than most civil cases and may result in a court order allowing the sheriff to physically remove the tenant and change locks. An unlawful detainer judgment can be extremely harmful to your credit history and make it difficult to rent in the future.
California Specific Legal Terms
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A California law that allows landlords to evict tenants to permanently remove a property from the rental market. The law is intended to allow a landlord to stop participating in the business of renting residential property. It is often used for condo conversions or redevelopment. Notice periods and relocation assistance usually apply.
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A state law limiting local rent control ordinances. It exempts certain properties (like single-family homes and condos) from rent control and allows landlords to set rent to market rates when a unit becomes vacant.
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Payments or benefits a landlord must provide to tenants in certain “no-fault” eviction situations, such as Ellis Act evictions or major renovations. Amounts vary by city and tenant circumstances (e.g., seniors, families, disabled tenants often get more).
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A voluntary agreement where a landlord pays a tenant to move out—common in rent-controlled cities. These agreements usually require written disclosures about tenant rights and sometimes a cooling-off period to reconsider.
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A statewide law that limits annual rent increases (currently about 5% plus inflation, max 10%) and requires “just cause” for most evictions after 12 months of tenancy. Certain properties are exempt, like new construction or some single-family homes. In 2023, SB567 provided greater protections under the TPA and additional damages for tenants wrongfully evicted after April 1, 2024.
Contact us
If you have questions about your rights as a California Renter, need to decide how to bring an issue to your landlord or property manager like incomplete repairs or an unreturned security deposit, or think you have a case of tenant harassment, the first step may be a paid attorney consultation.