Lawyer for Renters’ Rights When Facing a Wrongful or Constructive Eviction

Right to Compensation

Where a landlord recovers or attempts to recover possession of your home without following the law, they are liable for substantial monetary damages, which include

• Monetary Damages:

  Tenants who have been wrongfully evicted can sue for monetary damages. These damages can include the cost of finding new housing, moving expenses, loss of use damages, emotional distress, and any other costs directly resulting from the eviction.

• Statutory Damages: Under certain circumstances, San Francisco's Rent Ordinance allows for statutory damages to be awarded to tenants who are wrongfully evicted. For example, in cases of Owner Move-In (OMI) evictions where the owner does not move in or does not continue to occupy the unit for the required period, the tenant may be entitled to statutory damages.

• Punitive Damages: In cases where the eviction is found to be particularly egregious or conducted in bad faith, courts may award punitive damages. These are intended to punish the landlord for their unlawful actions and to deter similar conduct in the future.

• Attorney's Fees: While our firm handles all wrongful eviction representation, if you go to trial and win your claim for wrongful eviction, you are also entitled to your attorney’s fees and costs.

An experienced landlord-tenant dispute lawyer can determine what types of damages you are eligible for and help you pursue them in court.

Protection from Retaliation

Landlords are prohibited from retaliating against tenants for exercising their legal rights. This includes rights such as complaining about unsafe living conditions, requesting repairs, joining a tenant's union, or filing a complaint against the landlord.

Suppose a landlord takes negative action (like serving an eviction notice or raising the rent) against a tenant within a certain period (usually six months) after the tenant has exercised a protected right. In that case, the law may presume this action to be retaliatory.

It's important to note that in San Francisco, tenants cannot waive their rights to protection from retaliation. Any clause in a lease agreement that attempts to waive these rights is generally considered void and unenforceable.

Right to Legal Representation

All SF tenants have the right to seek legal assistance after they've been wrongfully or constructively evicted. Tenant advocacy in wrongful evictions is critical to achieving justice and fair compensation. If you believe you've experienced a violation of your rights, it's in your best interest to exercise this right and talk to a skilled lawyer for renters who has a proven track record as a landlord-tenant dispute attorney for wrongful eviction assistance as soon as possible so you can take action.

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