Berkeley Tenant’s Rights Lawyers

At Wolford Wayne LLP, we believe that feeling safe and secure in your home is a fundamental right. This is why we’ve devoted our careers to representing tenants in the San Francisco Bay Area and protecting their rights. We focus on you, the tenant. We believe in tenants’ rights and only represent tenants, never landlords, so you can be sure we’re on your side. Our firm brings over 35 years of combined experience to your case. We will passionately advocate for your rights.

What Are Your Rights As A Tenant In Berkeley?

Berkeley has a local rent ordinance that provides protection for most tenants. These protections include rent control and “just cause” for eviction .  Berkeley’s rent ordinance details twelve “just causes,” or reasons for eviction:

• Non-payment of rent;
• Breaching the lease;
• Willfully substantially damaging the rental unit that the tenant refuses to repair;
• Refusing to sign a new lease that is substantially identical to the expired lease;
• Disturbing the other occupants;
• Refusing to allow the landlord access to the residence during normal business hours to inspect, make repairs, or show the unit;
• Bringing the residence into compliance with the Housing Code by making repairs that cannot be made while a tenant occupies the unit;
• Demolishing the residence;
• Moving in of an owner with at least a 50% recorded interest in the residence, if for 90 days before the tenant was given notice to vacate, no vacant comparable residence is available on any property owned by the landlord in Berkeley;
• Moving in of an owner or lessee as permitted in the lease or sublease;
• Refusing to vacate temporary housing offered by the landlord after repairs to the tenant’s prior residence; or
• Engaging in unlawful activities at the residence.

Lawsuits For Wrongful Eviction In Berkeley

It is unlawful for a landlord to evict a tenant in Berkeley without proper notice and a just cause for eviction. For example, your landlord cannot simply tell you that you have to move out. They have to have one of the above listed justifications to evict you, and follow the proper legal process. A tenant who has been forced to vacate without a just cause may have grounds to sue for wrongful eviction.

If you have been forced to vacate by a landlord who has acted in bad faith or with dishonest intent, you may be eligible for compensation under the Berkeley Rent Ordinance. Compensation may include actual damages suffered by you due to wrongful eviction and attorney fees. If you are able to show sufficient evidence that the landlord’s actions were willful, you could be entitled to three times the actual damages suffered. 

Lawsuits For Constructive Eviction In Berkeley

A constructive eviction occurs when a tenant is forced to move out of their rent-controlled home due to their landlord’s actions or inactions. Common causes of constructive eviction include:

• Harassment from the landlord or a neighboring tenant;
• Landlord’s failure to repair major issues such as pest infestations, leaks, mold, or their failure to provide basic necessities like water or heat;
• Illegal rent increases beyond what is permitted in the rent ordinance;
• Failing to resolve ongoing nuisance conditions such as construction work or noise;
• Failing to maintain your home or ensure that it is up to code

Get in Touch with an Experienced Tenant’s Rights Lawyer in Berkeley

If you have been forced out of your home unlawfully reach out to us to set up a free consultation. At Wolford Wayne LLP, we are committed to fighting for your interests. We understand how stressful landlord-tenant disputes can be, and we know the law is complex. Let us fight your legal battle, so you can focus on your well-being and the well-being of your family.