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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.
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.
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.
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.
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:
Confidentially discuss your specific housing concerns with a dedicated San Francisco tenant’s rights attorney as soon as possible to avoid waiving potential claims.
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.
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.Read More
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.Read More
Recovered for a single long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of extreme landlord harassment.Read More
Recovered on behalf of elderly, disabled tenant who was forced to move out of her rent-controlled San Francisco apartment of 50 years after landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.Read More
Recovered on behalf of two former San Francisco tenants who were evicted via an Owner Move-In Eviction and owner failed to occupy the unit as her primary place of residence.Read More
Recovered on behalf of a San Francisco tenant who was forced to vacate his home as a result of ongoing, disruptive construction and the owners’ refusal to provide him with alternative housing. Read More
Recovered on behalf of a tenant living in an illegal “in-law” unit. In this case, a new owner purchased the building and then demolished our client’s unit without permits while she was displaced for seismic retrofitting.Read More
Recovered for tenant who was injured when their stairway railing collapsed at the tenant’s Mission District apartment building.Read More
Recovered in action for a group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.Read More
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.Read More
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.Read More
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. Read More
Recovered on behalf of seven tenants living in a makeshift boarding house in East Palo Alto.Read More
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.Read More
Recovered on behalf of a San Francisco tenant in Russian Hill. Tenant was forced to vacate her illegal apartment in retaliation for reporting unlawful rent increases to the San Francisco Rent Board.Read More
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.Read More
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 the Bay Area.