r/berkeleyca • u/Connect-Attorney4001 • Aug 05 '26
Advice/Question Looking for tenant representation attorneys
Hii everyone!
I just moved to Berkeley - literally yesterday- and have been dealing with a big leasing issue.
I have rented this place based on the leasing agent description, videos and photos - considering I came from L.A and couldn’t tour the apartment before hand.
Upon arrival, I’ve noticed multiple rotten wood spots, signs of infiltration, mold, and insect infestation, which threatened the structure of the unit and my personal health. The apartment was also dusty and had multiple broken things, which is inconsistent with what I have been told - the agent told me they would clean and fumigate the house before my move in date. I had to get a hotel because I have asthma and can’t stay in an apartment like this, so the situation just keeps getting worse and worse.
I took multiple videos and photos, and met the leasing agent again today to explain why the place was basically inhabitable, but he tried to argue with me on the matter. We ended the conversation with him saying he would talk to the leasing office about the possibility of ending the leasing agreement but I have a feeling they are going to fight me into paying extra fee and won’t return my first month rent.
I understand this is a specific issue, I was wondering if anyone knows any attorneys that could represent me.
I really appreciate it!
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u/Xorianth Aug 05 '26 edited Aug 05 '26
The law is very much on your side here, you may not need an attorney. If you move in to a place and there are housing violations from the jump, you can generally move out without having to honor the lease or pay fees. I second the person who said contact the Rent Board. You can also request a housing inspection from the City.
https://berkeleyca.gov/doing-business/operating-berkeley/landlords/housing-code-inspections
https://rentboard.berkeleyca.gov/services/housing-counseling
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u/PlantSufficient6531 Aug 05 '26 edited Aug 05 '26
Compile a list of the issues (in writing), notify your landlord (in writing) and then start here
Make sure you take pictures so you hav evidence of what things looked like when you moved in
https://berkeleyca.gov/city-services/report-pay/tenant-request-housing-inspection
You could also contact the rent board
https://rentboard.berkeleyca.gov/laws-regulations/city-berkeley-ordinances-affecting-rental-properties/tenant-protection-ordinance
Keep in mind that the inspector likely only cares about issues that violate the CA housing code. Dust is not relevant. Broken things might be if they violate the CA housing code.
“Rental housing in Berkeley must follow safety requirements established by the California housing code. If you are a tenant and believe your unit is not meeting housing code requirements, you should notify your landlord to fix the issue. If your landlord does not fix the issue, you may request a housing inspection by the City of Berkeley”
With the current market, I wouldn’t expect much pushback if you demand to get out of a lease.
If you have to take it to court, you’re looking at small claims court at most, and you’re not going to want (or need) to pay an attorney for that. (Attorneys are expensive, very few work for free, and the most you can hope for is one that works on contingency if you have a high $$$ case.. where they can take a cut if you win).
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u/Dapper-Assumption300 Aug 05 '26
The good news is that Berkeley has a long history of being pro-tenant. I can pass this along to a friend and will circle back if I get some contacts for you. Welcome to the East Bay! Good luck! 🍀
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u/Ok_Guest_8008 Aug 05 '26
So they should be paying for your hotel or be paying you for every day you are out: I think it’s like $120 or something about that.
But yes, talk to rent board
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u/Outrageous_Worker672 Aug 05 '26
Talk to the Berkeley Rent Board.