A constructive eviction occurs when a tenant is forced to move out of their home due to a landlord’s failure to:
1) provide a habitable premises;
2) failure to resolve a substantial nuisance; or
3) as a result of ongoing and severe harassment.
If you have been dealing with problems in your home or apartment that are causing your living situation to be unbearable, and/or are thinking of moving out, be sure to speak to a lawyer before you move.
While many disputes between landlords and tenants can be resolved informally, situations sometimes arise that require tenants to take legal action. If you are dealing with one of these issues you may consider contacting a capable tenant’s rights lawyer to assert your rights against your landlord or former landlord.
Constructive Eviction situations include:
- Tenant move out as a result of landlord’s refusal to make necessary repairs, including failing to address mold, mouse/pest infestations, water leaks, defective plumbing, or lack of heat.
- Landlord harassment of a tenant, such as making repeated threats, sexual advances, demanding tenants vacate, violating tenant privacy, or make unlawful rent increases or other unwarranted charges, or creating or failing to abate nuisances–designed to force you to vacate your rent-controlled unit
- Apartment is illegal unit and subsequently threatened to evict you from it and/or demolish the unit
Our office represents tenants in constructive eviction lawsuits on a contingency fee rather than by the hour – meaning we don’t get paid until you do.
These are some of our results and not a guarantee of an outcome.
Recovered for long-term rent-controlled tenant in San Francisco forced to move out of his apartment as a result extreme landlord harassment.
Recovered in action for group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.
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.
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.
I retained Jason for two landlord tenant issues. First was a Costa Hawkins case in which my landlord was claiming I was not an original occupant and attempted to more than double my rent and secondly later for a habitability issues lawsuit. Both instances were rather complicated and turned out in my favor. Throughout both cases Jason demonstrated knowledge of the law, was prepared for my hearings and was easy to communicate with. He was strategic and knew how to best represent and defend me in my cases.
I would highly recommend Mr. Wolford for any sort of landlord tenant issue, he is very knowledgeable in tenant rights also volunteering at the tenant Union and will work diligently to win your case. I felt Jason was also honest and upfront in pricing no hidden fees and took my case on a contingency basis which was helpful. His experience and knowledge in defending tenants was evident and the success of both my cases proved that he has walked the path and has an effective strategy that works. If I had to, I would without a doubt hire him again. Thank you for all your time and efforts Jason!
Daniel and his team are legendary. If you are looking for a team that encompasses honesty, reliability, diligence, and composure, then you need not look further! I could not have wished for a better lawyer and team to represent my family against an oppressive and abusive landlord. Not only did Daniel provide extraordinary guidance, but his patience and composure also calmed me when dealing with what would otherwise be stressful situations. I cannot thank him and his team enough for their professionalism and service. Daniel and his team helped my family put an end to a horrifying past, and we can move on with life because of it. I 110% recommend Daniel and his team to any tenants suffering harassment and abuse from their landlord. Just know that there will always be a light at the end of the tunnel, and Daniel and his team will lead you to that light!
This is my second time working with and reviewing Daniel and he has been a tremendous help dealing with a difficult landlord for over 3 years. My first experience was to fight an illegal rent increase via the Rent Board and he not only helped me win that case (and the subsequent appeal) but he kept me calm through the ordeal. That was just the beginning. I ended up getting involved in a much more complicated matter and he again helped me through the whole situation and kept me informed and at ease throughout the 2 year ordeal.
He's a great advocate for tenant's rights and is very good at what he does. I absolutely would recommend Daniel to anyone needing legal help in the Bay Area dealing with tenant's issues.
I cannot say enough good things about Daniel W Wayne. He has been tremendous help, support and an expert for my case that I am so glad he was the attorney representing me. He was very responsive throughout the process, took time to explain and discuss the situation over the phone and in the office with me several times and ensure I am comfortable with the legal guidance provided. He was very thoughtful and knows his stuff!!!
In many instances, he went above and beyond to get things done and ensure we have success. To all tenants and prospects, I strongly recommend Daniel W Wayne for your case. He is great at what he does!!!
Daniel Wayne helped myself and other tenants deal with an illegal eviction from our apartment in San Francisco. He walked us through the process and made it very clear as to what the different outcomes could potentially be -- we were more than prepared. Throughout most of the time working with Daniel I had since moved overseas, it was not an issue. He was more than accomodating and was hands on throughout the process answering any questions I had.