Oakland Tenant’s Rights Attorneys

If your landlord claims just cause for eviction, it marks the beginning of a formal process that must be meticulously followed before you can be legally removed from your residence. Here’s an overview of the eviction process your landlord must follow if you are renting in Oakland:

• Issuance of Eviction Notice
  The process begins when your landlord gives you a written eviction notice. The length of notice depends on the grounds cited for eviction. For issues like non-payment of rent, lease violations, or unlawful activities, a three-day notice is required. Conversely, no-fault evictions, such as an Owner Move-in, necessitate a sixty-day notice period.
• Decision During Notice Period
  After receiving an eviction notice, you have several options: you can vacate the property, rectify the issue if the notice allows for it (“cure” the violation), or remain in place. The best course of action will depend on your specific circumstances.
• Filing an Unlawful Detainer
  If issues like unpaid rent aren’t resolved, or if the tenant remains past the notice period without curing the violation, the landlord can proceed to file an eviction lawsuit, known as an Unlawful Detainer.
• Service of Summons and Complaint
  The next step involves the tenant being served with the summons and complaint once the landlord initiates the eviction lawsuit.
• Tenant’s Legal Response
  You have five calendar days to respond to the lawsuit, typically by filing an Answer. Failure to respond can result in a default judgment in favor of the landlord. It’s important to note that weekends and public holidays might affect this timeframe.
• Court Proceedings
  If you submit an Answer, the court will schedule a trial date along with a mandatory settlement conference. If a settlement isn’t reached, the court will decide through a jury or bench trial whether the eviction will proceed.
• Appeal Process
  You can attempt to delay or overturn the eviction by appealing the court’s decision, though this doesn’t automatically halt the eviction process unless a stay is granted.
• Writ of Possession and Lockout
  Should the landlord prevail, they will receive a Writ of Possession from the court, granting you a few days to vacate voluntarily. If you don’t leave, the sheriff will issue a final notice and then perform a lockout, physically removing you from the property.

Wrongful evictions are distinct from lawful ones and often involve a landlord removing a tenant without adhering to the proper legal steps or just cause criteria. Common unlawful eviction tactics include landlords making fake owner move-in claims, evicting without proper notice, or not using the property as their primary residence after eviction.

• Why Do Wrongful Evictions Happen?
  Reasons for wrongful evictions range from financial incentives in rent-controlled areas, to ignorance of legal responsibilities, retaliatory motives, or discrimination. It’s crucial for tenants to recognize these illegal practices.

Legal Recourse: If you suspect a wrongful eviction, it’s essential to consult with a lawyer for renters in Oakland. An experienced attorney can help you understand your rights and potentially contest the eviction, ensuring you’re not unjustly displaced from your home.