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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

A wrongful eviction occurs when a landlord evict a tenant without a “just cause” in violation of the San Francisco Rent Ordinance.  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. However, regardless of intent, a landlord may still be liable for substantial damages if they force a tenant to vacate in violation of the law.

Failure to Provide a Proper Notice to Vacate

In order to pursue an eviction lawsuit, a landlord must first serve a tenant with a qualifying eviction notice. For example, for non payment of rent, landlords must first provide tenants with a notice to “pay or quit” in compliance with state and local law. The landlord must provide written notice to the tenant about their rights and state the correct amount of rent due.

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.

Initiating “No Cause” Evictions

If a landlord serves a tenant a notice that does not state a “just cause” for eviction and the tenant moves out the tenant may have grounds to bring a lawsuit for wrongful eviction for being improperly forced out of their home. Likewise, a landlord cannot engage in a “self-help” eviction by changing the locks or otherwise unilaterally terminating a tenancy without following the legal process.

Constructive Evictions

A constructive eviction occurs when a tenant is forced to vacate their home due to a landlord’s actions or inactions. This is illegal and tenants may have the right to sue for substantial financial damages. A constructive eviction can take several forms, including

  • Landlords shut off utilities or lockout rent-controlled tenants
  • The tenant is forced to leave due to really poor living conditions such as major structural damage, mold, pest infestations, lack of heat, water leaks, 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 other tenants in the building

If you are dealing with a situation like this, discuss your specific housing concerns with a dedicated San Francisco tenant’s rights attorney as soon as possible to avoid waiving potential claims and obtaining compensation for losing your home.

Obtaining Damages for Wrongful Eviction with Help from Wolford Wayne LLP

If you have been wrongfully evicted you may be entitled to substantial monetary damages from your landlord for being forced out of your rent controlled home. These damages may include reimbursement for overpayment of rent, moving expenses, damaged property, the loss of your rent-controlled home, and compensation for emotional distress.

The dedicated tenant’s rights attorneys at Wolford Wayne LLP understand the emotional and financial stress associated with losing your home unlawfully.  Discuss your rights following a wrongful eviction 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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