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.
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:
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.
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.
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.
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.