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California Civil Code Section 1947.11

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1947.11

(a) In any city, county, or city and county which
administers a system of controls on the price at which residential
rental units may be offered for rent or lease and which requires the
registration of rents, upon the establishment of a certified rent
level, any owner who charges rent to a tenant in excess of the
certified lawful rent ceiling shall refund the excess rent to the
tenant upon demand.  If the owner refuses to refund the excess rent
and if a court determines that the owner willfully or intentionally
charged the tenant rent in excess of the certified lawful rent
ceiling, the court shall award the tenant a judgment for the excess
amount of rent and may treble that amount. The prevailing party shall
be awarded attorney's fees and court costs.
   (b) The remedy provided by this section shall not be construed to
prohibit any other remedies available to any party affected by this
section.
   (c) This section shall not be construed to extend the time within
which actions are required to be brought beyond the otherwise
applicable limitation set forth in the Code of Civil Procedure.

Last modified: January 12, 2009