Oakland Wrongful Eviction Attorney

In California, the term wrongful eviction refers to any eviction effectuated in violation of state or local laws. Unlawful evictions may include everything from forcible entry to filing housing proceedings without providing proper notice. COVID-19 emergency laws have also added eviction protections for financially strapped tenants.

With the exponential increase in Oakland rental prices, landlords are trying to find reasons to evict rent-controlled tenants. Discuss the protections afforded to Oakland renters under local wrongful eviction laws with the dedicated tenants’ rights attorneys at Wolford Wayne LLP by calling (415) 649-6203 or connecting with us online.

Overview of Wrongful Eviction Laws in California

State law and local San Francisco, Napa, Oakland, and San Jose regulations prohibit landlords from unjustifiably evicting tenants before the end of their lease. This includes intentionally engaging in conduct, such as shutting off utilities, exponentially increasing rent, or harassing occupants, that forces tenants to vacate their apartments. Under California law (Cal. Civ. Code § 789.3), the following actions generally support wrongful eviction proceedings if done with the intent to remove the tenant:

• Changing locks or preventing lawful occupants from accessing the property without the appropriate court order
• Removing the tenant’s doors or windows
• Removing or stealing the tenant’s personal property
• Interrupting essential services

Additionally, Oakland landlords may not harass tenants, fail to make necessary repairs, threaten renters with physical harm, or fraudulently induce tenants to sign buyout agreements. Tenants wrongfully locked out of their Oakland rentals may obtain direct damages, such as hotel and moving costs, attorneys’ fees, and statutory damages of $100 for each day the landlord continues his unlawful conduct.

Unlawfully Evicting Oakland Tenants for Failure to Pay Rent

Most eviction proceedings start when tenants fail to pay rent. This includes failing to pay rent in full or making multiple late payments. However, California COVID-19 emergency laws gave certain tenants the right to defer rent and time to make up late rent payments without being threatened with eviction. These protections apply to tenants who submit the necessary financial affidavits and abide by certain minimum payment deadlines, which dedicated tenant’s rights lawyers can help you understand.

Oakland renters also have the right to a fifteen (15) day “pay or quit” notice setting forth the amount of rent owed, warning tenants about potential eviction proceedings, and providing them with information about local aid organizations. Failure to provide proper notice gives tenants standing to get eviction proceedings dismissed. In San Francisco and surrounding cities, tenants might also obtain financial damages and attorneys’ fees for bad faith conduct, including compensation for emotional damages, resulting in actual evictions, constructive evictions, or unlawful eviction proceedings.

Recover Financial Damages for Wrongful Oakland Evictions with the Help of Wolford Wayne LLP

With the U.S. Supreme Court’s recent removal of CDC eviction protections and the confusion surrounding current California eviction laws, Oakland tenants subject to eviction proceedings need dedicated legal representation. Discuss your right to recover financial damages and prevent future harassing conduct with the experienced Oakland wrongful eviction lawyers at Wolford Wayne LLP by calling (415) 649-6203 or contacting us online.