When a landlord forces a tenant to move out without a "just cause" it is known as a wrongful eviction. When this happens a tenant may be able to bring a wrongful eviction lawsuit. But what does a wrongful eviction look like? We discuss three common scenarios for wrongful eviction.
To evict a tenant in most situations a landlord must have a "just cause" enumerated by the State or local rent ordinance. One such eviction option is an owner or relative-move-in eviction. This provision allows a landlord to evict a tenant on the grounds that they want to move into the unit. Owners are also allowed to use this to move certain relatives into a home, provided the landlord also lives in the building. In San Francisco, Oakland and Berkeley, owners must follow very specific rules to comply, including:
While many landlords use this process so they can live there, we regularly see landlords abuse this. Some landlords evict tenants using an owner or relative move-in eviction and don't move in, or re-rent to a new tenant. This is a wrongful eviction because the landlord did not have a legitimate basis for the eviction. For this reason we advise tenants who have been evicted under an owner move-in or relative move-in to stay in touch with neighbors and keep an eye on the property. Tenants who are the victim of a bogus owner-move-in eviction may be entitled to substantial damages for wrongful eviction.
Did you get an eviction notice informing you that your landlord plans to demolish your unit? One of the 16 just causes for a San Francisco eviction, many landlords try to use this legal eviction reason in an illegal way. Difficult to get, anyone receiving a demolition eviction notice should look into whether it is actually a wrongful eviction attempt by a landlord. For a demolition eviction to be legal, landlords must obtain permits from the Building Department, among other things.
Another common way that a landlord tries to take an eviction into their own hands is by illegally locking out a tenant from their unit. Even if a landlord has a valid reason for evicting a tenant, changing the locks on a tenant is an illegal way of going about it. Shutting off essential services like utilities is also a common illegal lockout tactic commonly used by landlords. Tenants that are the victim of an illegal lockout have legal options for getting back into their unit and holding their landlords financially responsible for the incident.
If you are being treated unfairly or you're uncertain as to where to turn, look no further than an experienced tenants' rights attorney. Whether it is a wrongful eviction, habitability issue or harassment, at Wolford Wayne, the attorneys are not only well-versed in this area, but they also have the passion to help you fight for your rights as a renter. Contact us today to get started on your journey.
Recovered on behalf of a San Francisco couple who were forced to give up their home of over twenty years after their landlord’s dog attacked and killed their dog.Read More
Recovered on behalf of an Oakland tenant who suffered a serious injury due to her landlord’s negligent maintenance of her home.Read More
Recovered on behalf of a San Francisco tenant who suffered personal injuries and was forced to vacate his home of fifteen years after dealing with many months of environmental contamination and disruptive and nuisance construction conditions.Read More
Recovered on behalf of a group of 30 tenants living in an SRO in San Francisco who were living with horrendous conditions in their rent controlled apartments, including rodents, bedbugs, mold, water leaks and harassment.Read More
Recovered on behalf of three families living in a building in San Francisco’s SOMA neighborhood who were forced to live with substandard conditions for years as a result of their landlord’s negligence, including issues with lack of heat, lack of hot water and cockroach/rat infestations.Read More
Recovered on behalf of a couple living in a rent-controlled home in the outer Sunset neighborhood. Our clients were forced to vacate after the landlord served them with an Owner Move-In Eviction Notice. After the landlords failed to move into the property, our clients filed suit for wrongful eviction.Read More
Recovered on behalf of a San Francisco tenant in Russian Hill. Tenant was forced to vacate her illegal apartment in retaliation for reporting unlawful rent increases to the San Francisco Rent Board.Read More
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.Read More
Recovered on behalf of three long-term tenants in San Francisco’s Castro neighborhood who were constructively evicted due to noise and nuisance conditions created by their downstairs neighbors, which the owner refused to address.Read More
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.Read More
Recovered on behalf of seven tenants living in a makeshift boarding house in East Palo Alto.Read More
Recovered on behalf of two former San Francisco tenants who were evicted via an Owner Move-In Eviction and owner failed to occupy the unit as her primary place of residence.Read More
Recovered on behalf of an elderly long-term tenant who was forced to vacate her long San Francisco apartment as a result of her landlord’s refusal to address longstanding defective conditions, including lack of heat, mold, rodent infestations, and defective plumbing. Read More
Recovered on behalf of a San Francisco tenant who was forced to vacate his home as a result of ongoing, disruptive construction and the owners’ refusal to provide him with alternative housing. Read More
Recovered on behalf of a San Francisco family that was constructively evicted from their home in the Richmond District as a result of unlawful rent increases, defective conditions and tenant harassment.Read More
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.Read More
Recovered on behalf of two long term San Francisco tenants who were fraudulently evicted from their home of over twenty years under the pretext of an owner move-in eviction.Read More
Recovered for tenant who was injured when their stairway railing collapsed at the tenant’s Mission District apartment building.Read More
Recovered in action for a group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.Read More