According to California law, all tenants have the right to have a safe and livable home when they choose to rent or lease from a landlord. Unfortunately, many landlords fail to do their duty and neglect to fix serious problems.
In these situations, tenants might need to move out. This is referred to as constructive eviction. This involves uprooting your life and, potentially, losing a rent-controlled home in the Bay Area.
If you have been forced to go through with a constructive eviction, you should consult with a constructive eviction attorney at the law office of Wolford Wayne. A lawyer can assess your options and help you navigate the complex legal elements of a constructive eviction lawsuit.
A constructive eviction is a legal term for the situation when a tenant is forced to leave their home because of the inhabitability of the property. In some cases, a landlord fails to repair major problems with the property. Other times, a landlord of a rent-controlled property might cause problems to get the tenants to leave.
Numerous situations could cause a constructive eviction, such as:
It’s important to note that not every problem will permit a constructive eviction. Essentially, the conditions that cause a tenant to enact a constructive eviction must be severe enough to make a tenant’s home life unsafe, substandard, or hazardous.
If you face such conditions in your home, you should discuss your situation with our legal team before you move, if possible. If you have already moved, consult with us immediately.
Tenants who have to vacate their homes due to inhabitability can file a lawsuit against their landlords for wrongful eviction. As part of this case, you can seek various damages, including the costs of moving and rent differential damages. You can also seek compensation for mental anguish from the situation and exemplary or punitive damages.
Our attorneys can assess the damages available and file the proper lawsuit in court. We work to hold landlords in the Bay Area fully accountable for constructive eviction.
Constructive evictions can be complicated situations to navigate, and you should know your legal rights as a tenant. That’s why it’s best to consult a constructive eviction lawyer near you.
The lawyers at Wolford Wayne are ready to help you file a lawsuit against your landlord if they have caused a constructive eviction. To speak with us about your legal needs, you can contact us here.
Recovered on behalf of a San Francisco couple who were forced to give up their home of over twenty years after their landlord's dog attacked and killed their dog.
Recovered on behalf of an Oakland tenant who suffered a serious injury due to her landlord's negligent maintenance of her home.
Recovered on behalf of a San Francisco tenant who suffered personal injuries and was forced to vacate his home of fifteen years after dealing with many months of environmental contamination and disruptive and nuisance construction conditions.
Recovered on behalf of a group of 30 tenants living in an SRO in San Francisco who were living with horrendous conditions in their rent controlled apartments, including rodents, bedbugs, mold, water leaks, and harassment.
Recovered on behalf of three families living in a building in San Francisco's SOMA neighborhood who were forced to live with substandard conditions for years as a result of their landlord's negligence, including issues with lack of heat, lack of hot water, and cockroach/rat infestations.
Recovered on behalf of a couple living in a rent-controlled home in the outer Sunset neighborhood. Our clients were forced to vacate after the landlord served them with an Owner Move-In Eviction Notice. After the landlords failed to move into the property, our clients filed suit for wrongful eviction.
Recovered on behalf of a San Francisco tenant in Russian Hill. The tenant was forced to vacate her illegal apartment in retaliation for reporting unlawful rent increases to the San Francisco Rent Board. Our client was forced to vacate after her landlord served our client with a series of eviction notices and told her the apartment was unsafe to live in.
Recovered for a long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of extreme landlord harassment.
Recovered on behalf of three long-term tenants in San Francisco's Castro neighborhood who were constructively evicted due to noise and nuisance conditions created by their downstairs neighbors, which the owner refused to address.
Recovered on behalf of an elderly, disabled San Francisco tenant who was forced to move out of her rent-controlled San Francisco apartment of 50 years after the landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.
Recovered on behalf of seven tenants living in a makeshift boarding house in East Palo Alto.
Recovered on behalf of two San Francisco tenants who were wrongfully evicted via a fraudulent owner move-in eviction where the owner failed to occupy the property as their principal place of residence.
Recovered on behalf of an elderly long-term tenant who was forced to vacate her long San Francisco apartment as a result of her landlord's refusal to address longstanding defective conditions, including lack of heat, mold, rodent infestations, and defective plumbing.
Recovered on behalf of a San Francisco tenant who was forced to vacate his home as a result of ongoing, disruptive construction and the owner's refusal to provide him with alternative housing.
Recovered on behalf of a San Francisco family that was constructively evicted from their home in the Richmond District as a result of unlawful rent increases, defective conditions, and tenant harassment.
Recovered on behalf of a tenant living in an illegal unit who was wrongfully evicted. Our client was forced to vacate under false pretenses while her landlord undertook supposedly necessary construction and then was never allowed to return.
Recovered on behalf of two long term San Francisco tenants who were fraudulently evicted from their home of over twenty years under the pretext of an owner move-in eviction.
Recovered for a San Francisco tenant who was injured when her stairway railing collapsed.
Recovered in action for a group of tenants forced to vacate their San Francisco apartment due to severe habitability defects, including mold and water leaks.