Constructive Eviction

We represent tenants in constructive eviction lawsuits against bad landlords.

One of the most common issues we see is when a tenant is forced to move out of their home which is known as a constructive eviction. In San Francisco, Oakland, and other cities with local Rent Ordinances, a tenant has been constructively evicted when a tenant is forced to move out of a rent-controlled home due to a landlord’s actions or inactions.

If you have been dealing with a problem in your home that is making your living situation unbearable and are constructively evicted contact us today to discuss your options.

Common Constructive Eviction Issues:

  • Failure to Repair: A tenant is forced to move out because of major repair issues such as mold, water/sewage leaks, pest infestations, or lack of heat.
  • Illegal Units: Tenant is living in an “illegal” apartment that is not up to code and presents health and safety hazards.
  • Landlord fails to deal with a nuisance / noisy neighbor who is making it impossible to keep living in your home.
  • A landlord illegally increases a tenant’s rent beyond the allowable limits.
  • A landlord repeatedly demands that a tenant vacates their rent-controlled home.
  • A tenant vacates their rent controlled home as a result of harassment from a neighbor or landlord.

How Much Money is My Case Worth?

Every case is different and lawyers are prohibited from telling a potential client what their case is worth. However, you may be entitled to substantial financial damages if you have been forced out of your home due to the actions or inactions of your landlord.

Damages in a constructive or wrongful eviction lawsuit include: overpayment of rent; rent differential damages (difference between rent paid and market rate); emotional distress; and out of pocket moving fees, among others. In cities such as Oakland and San Francisco, tenants may be entitled to a multiplier on their damages with a showing of bad faith. Tenants are also entitled to attorney’s fees and costs.

How Much Will it Cost Me to Hire Wolford Wayne?

We recognize that most tenants cannot afford to pay thousands of dollars out of pocket to a lawyer. That is why we represent tenants in constructive eviction lawsuits on a contingency fee basis. A contingency fee means we only get paid when you do. This means you do not have to have money to seek justice. We only get paid if and when you do.

Case Studies

These are some of our results and not a guarantee of an outcome.


Recovered for a single long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of 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.


Recovered on behalf of three long-term San Francisco tenants who were constructively evicted due to nuisance conditions created by downstairs commercial tenant which the landlord failed to address.


Recovered on behalf of a San Francisco tenant in Russian Hill. Tenant was forced to vacate her illegal apartment in retaliation for reporting an unlawful rent increases to the San Francisco Rent Board. Our client was forced to vacate after her landlord served our client with a series of eviction notices and told her the apartment was unsafe to live in.


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