Tenant’s Rights Attorneys Berkeley

When you rent a house or apartment in Berkeley, state and local laws protect you from actions like wrongful eviction and landlord harassment. However, landlord-tenant laws are complex, and knowing what your options are and when to take action can be difficult.

At Wolford Wayne, our Berkeley tenant’s rights attorneys are dedicated to helping Berkeley tenants seek justice for wrongful evictions and other illegal landlord behavior. If you believe your landlord is violating the law, contact our team right away.

Protections from Wrongful Eviction

Landlords in Berkeley can only evict a tenant legally under specific circumstances. The city’s Rent Stabilization and Good Cause for Eviction Ordinance lists eleven grounds for eviction, including failure to pay rent, damage to the unit, and more. A landlord who evicts a tenant without “good cause” may be in violation of the law. Tenants who are illegally evicted could receive significant reimbursement through a lawsuit.

Owner Move-In Evictions in Berkeley

It is legal for a landlord in Berkeley to evict you if they or a close relative want to move into the home, but only if they meet certain conditions. For example, the owner or relative must provide formal written notice and then is required to move in within 90 days of the eviction and live there for at least three years. Tenants with minor children cannot be evicted for an owner move-in (OMI) during the school year. Also, tenants may be protected from eviction in these cases if they are over 60 or disabled and have lived in the unit for at least five years.

An owner move-in eviction is illegal if the landlord does not meet the legal requirements. In certain situations, owners may lie about their intention to move in or even re-rent your home to a new tenant who will pay higher rent. This is a tactic that landlords commonly use to force tenants out of rent-controlled apartments. If you or someone you know has moved out or is being forced to move in response to an owner move-in eviction and suspect your landlord is not following the law, contact a tenant’s rights attorney as soon as possible.

The Right to Peaceful Enjoyment

All tenants have the right to “peaceful enjoyment” of their rental unit. This means you are entitled to live in your rental home without unreasonable interference from your landlord. For example, if your landlord repeatedly shows up without notice and demands immediate access to your unit, this could be considered harassment. In other cases, landlords create or ignore excessive noise, hoping the tenants will choose to leave. This tactic was especially common during the COVID-19 pandemic when many people were required to work from home.

A landlord who harasses a tenant in the hopes of making them leave is breaking the law. It’s important for tenants in these situations to carefully document interactions with the landlord and seek guidance from a qualified tenant’s rights advocate.

Contact Our Tenant’s Rights Attorneys in Berkeley

Landlords in Berkeley who violate a tenant’s rights can face serious penalties, including fines or a lawsuit. You could be entitled to significant compensation if you were wrongfully evicted. Talk to a Berkeley tenant’s rights attorney at Wolford Wayne LLP today to discuss your case and how we can help.