§3.06 Actions Against Landlords

The small claims court may hear an action against a landlord or the landlord’s successor in interest for return of a security deposit, if the damages claimed do not exceed the jurisdictional limit of $5000 as specified in CCP §116.220 [CC §1950.5(n)], or $7500 for claims by natural persons [CC §1950.5(n); CCP §116.221].

The small claims court may also hear an action against a landlord for maintaining substandard conditions that seeks actual damages sustained by the tenant and special damages of not less than $100 and not more than $5000. The total claim must be within the small claims court’s jurisdictional limit. [CC §1942.4(b)(1), (e).]  

If you award damages for maintaining substandard conditions, you may also order the landlord to [CC §1942.4(c)]:

• Abate any nuisance at the rental dwelling and
• Correct any substandard conditions of the rental dwelling, as defined in CC §1941.1, that significantly or materially affect the health or safety of the occupants of the rental dwelling.

If you order repairs or corrections, you have continuing jurisdiction to ensure compliance. [CC §1942.4(c).]

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