San Francisco Wrongful Eviction Lawyers

San Francisco Wrongful Eviction Lawyers

San Francisco Wrongful Eviction Lawyers

With Bay Area rentals in high demand and the California COVID-19 eviction moratorium expiring next month, San Francisco tenants are increasingly concerned about potential eviction. Both landlords and tenants struggle to understand the state’s complex emergency housing regulations, leading to unlawful evictions and resulting damages. Contact the dedicated San Francisco wrongful eviction lawyers at Wolford Wayne LLP to discuss your housing rights today.

Unlawful Eviction Practices in San Francisco

Wrongful evictions occur when landlords forcibly evict tenants in violation of California landlord-tenant laws and regulations. These violations may involve unintentional administrative oversights, such as failure to provide a written eviction notice or intentional legal violations designed to remove San Francisco tenants protected by COVID-19 housing regulations. The following events most commonly result in unlawful evictions and related proceedings.

Improper or Insufficient Eviction Notices

To trigger the eviction process for unpaid rent, landlords must first provide tenants with a fifteen (15) day “pay or quit” notice in compliance with state and local law. This notice must inform the tenant that if he does not take action within fifteen days, the landlord may file eviction proceedings against him. The landlord must provide written notice to the tenant, generally in his/her primary language, and include information about the tenant’s rights and overdue rent amount.

Currently, the notice should include information about the COVID-19 financial stress declaration and the tenant’s obligation to pay at least 25% of unpaid rent from September 1, 2020, through September 30, 2021, by September 30, 2021. Failure to provide sufficient eviction notices before initiating eviction proceedings may result in wrongful eviction liability.

Initiating “No Cause” Evictions

Landlords may not provide tenants with 30 or 60-day “no cause” eviction notices until at least October 1, 2021. As such, San Francisco tenants may only be evicted for just cause. Unpaid rent is not considered “for cause” provided the tenant timely provides the landlord the appropriate financial hardship declaration and meets certain federal poverty guidelines. An attorney may help tenants challenge unjustified Bay Area eviction notices.

Constructive Wrongful Evictions

In addition to these temporary pandemic housing protections, tenants still retain their general rent-controlled housing and habitation protections. It’s generally considered an unlawful eviction (or constructive wrongful eviction) if:

  • Landlords shut off utilities or lockout rent-controlled tenants
  • The tenant is forced to leave due to major structural damage, including mold, pests, and sewage leaks
  • The tenant leaves due to unlawful landlord harassment
  • The tenant must leave because the landlord fails to address harassment and nuisance by co-tenants
  • The landlord or relative fails to move into the unit after triggering owner or relative move-in evictions

Confidentially discuss your specific housing concerns with a dedicated San Francisco tenant’s rights attorney as soon as possible to avoid waiving potential claims.

Obtaining Damages for Wrongful Eviction with Help from Wolford Wayne LLP

Unlawful evictions may give San Francisco tenants the right to demand civil damages from the offending landlord. These damages may include fixed fines and reimbursement for relocation expenses, damaged property, lost value of rent-controlled units, and compensation for emotional distress. San Francisco ordinances might even allow wrongfully evicted tenants to triple the amount of economic damages.

The dedicated tenant’s rights attorneys at Wolford Wayne LLP understand the emotional and financial stress associated with the eviction process. Our San Francisco wrongful eviction team has studied the updated COVID-19 housing regulations and might offer tenants affordable legal representation and protection. Discuss your rights following an unlawful eviction proceeding and the damages available for wrongful evictions with our housing rights lawyers today by calling (415) 649-6203 or connecting with us online.

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Get In Touch With Us

For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in San Francisco, Oakland & Berkeley.

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