How to File an Excess Rent Complaint

If you have a pending lawsuit for excess rent in the court system, you cannot file a complaint with the Rent Control Board for any period of time which is covered in the court case. Conversely, if you submit a complaint for excess rent with the Rent Control Board and a hearing has begun, you cannot then file the same case in court.  

Therefore, it is important to understand the pros and cons of each type of remedy before you file any claim of excess rent. The election of remedies is discussed in Regulation 8021. Please note that, in addition to the refund of excess rent, the maximum potential penalty is limited to $500 in the administrative hearing. Depending on proof, a court may award three times the excess rent (treble damages). Therefore, a tenant may be giving up substantial awards by selecting an administrative proceeding. However, there may be other benefits to pursuing an administrative complaint process. You may wish to consult an attorney before filing any claim of excess rent. 

If you choose to file a complaint through the Rent Control Board, there are limitations which apply to the Board's procedure which may not apply in court. These limitations are discussed in Regulation 8023. Briefly, tenants may not proceed if: 

• Excess rent was demanded, but no payment of excess rent was made: 
• Full refund of excess was received prior to any Board action;  
• There was a fully performed settlement agreement;  
• None of the excess rent was paid in the last three years. (See Regulation 8023 for limited exception to three-year statute of limitations); 
• A lawsuit is pending on the same issues; or 
• Total excess rent amount is less than $100. 

Before the complaint may be filed, you must first serve a letter to the landlord that requests reimbursement of the excess rent with at least a 30-day notice. You may use the Notice to Landlord provided here, or you may write your own letter. After 30 days, if the matter isn’t resolved, you may file the complaint including documents that support a claim that excess rent was paid.  

A copy of the letter or form requesting reimbursement must also be attached along with a proof of service of the letter/form. Failure to attach such documentation or give a satisfactory explanation as to why the documents are not available may result in an administrative dismissal of the complaint.

You will need to complete a Proof of Service form to document how you gave each notice to your landlord. The form can be downloaded here. After you serve your landlord with the notice or your own letter, complete the section of the Proof of Service form that relates to how you gave notice. Be sure to keep the Proof of Service form with your notice to landlord or letter. This proof that you served the landlord with your notice is important. You will need to submit original Proof of Service form(s) at the time you file your petition. Please do not send the form to us until it is time to file your petition.

If you elect to file a complaint with the Rent Control Board, you will need to complete a Complaint for Non-Registration and/or Excess Rent Receipt and Retention form. A fillable complaint form can be downloaded here, or you can call or email us and request that a paper form be mailed to you. Please note that if the complaint is not complete or is incorrectly filled out, it cannot be accepted for filing. For that reason, when you are preparing the complaint, we ask you to call us at (310) 458-8751 and speak to an information coordinator or analyst to discuss the proper way to complete the form and arrange an appointment to get in-person assistance if needed. 

Please print or type on the form. In order for the complaint to be filed, the information in the complaint and all the supporting documents that are submitted must provide evidence supporting a claim that excess rent was paid. The complaint and documentation you submit are the sole basis of your claim of excess rent payment. 

Part VI of the form is provided for you to list each month you believe you have paid more than the maximum lawful rent. Begin completing the chart with the most recent date for which you have evidence that you paid excess rent. Complete this chart carefully, using a new line for each month for which you have evidence of paying excess rent.

There is a three-year limit for most claims of excess rent. That means the Board can only consider excess rent paid during the three years prior to filing this complaint. [See Regulation 8023(e).] In order for the three-year statute of limitations not to apply, you must prove that your landlord did specific things or took specific actions to fraudulently conceal or fail to disclose important facts, such as the lawful rent level, and that you relied on the landlord's representations. If you are claiming this, you must so state in Section VII of the complaint and attach all available evidence. These facts are often difficult to prove and you may wish to consult an attorney if you are making such a claim.

It is crucial to your case to document every aspect of your claim. The evidence which you must submit is set forth in the complaint form and Regulation 8022(b)(1)-(6). 

The list of documents provided in Section V of the complaint form is not a complete list. It is a guide to suggested documents which might support your claim. All claims of excess rent must be supported by documentation and you must explain any missing documentation. 

Failure to attach such documentation or give a satisfactory explanation as to why the documents are not available may result in an administrative dismissal of the complaint. 

In Part VIII of the form, you must verify that you have read Chapter 8 of the Rent Control Regulations regarding excess rent and, most important, that you understand what is provided to you in these regulations.

We recommend that you call or email us to schedule an appointment to review your petition. An information coordinator or analyst will be able to look over your complaint and the attached documentation and assist you with filing. 

Mail your original form and all supporting documentation to:

Santa Monica Rent Control

1685 Main St., Room 202

Santa Monica, CA  90404