Tenants have a legal right to a reasonable degree of quiet, privacy, and enjoyment of their rental property. Unfortunately, landlords do not always honor this right.
For example, the landlord of a rent-controlled unit might intentionally cause excess noise or disturbances – or ignore their duty to address them - until the tenant becomes so fed up that they move out voluntarily, allowing the landlord to re-rent the unit at a higher rate.
It is important to understand your rights as a tenant so that you know how to properly deal with a harassing landlord. If you’ve been forced out of your rent-controlled unit by your landlord’s illegal actions, the attorneys at Wolford Wayne can help. We’ll evaluate your case and discuss options for a potential lawsuit.
When someone rents a residential property, they enter into a “covenant of quiet enjoyment,” as the California Department of Real Estate (DRE) explains. This means that the tenant leasing the property has the right to use and enjoy that property without unreasonable interference from the owner or landlord. When a landlord invades your privacy or causes constant disturbances, this violates the covenant of quiet enjoyment.
Some landlords intentionally disrupt a tenant’s right to quiet enjoyment to provoke the tenant to move out voluntarily. More common, landlords ignore the impact that construction or problem neighbors have on tenants which is equally problematic. This is an unfortunately common problem in rent-controlled units in San Francisco, Oakland, and Berkeley, where landlords benefit from pushing out long-time tenants so they can re-rent their homes at a higher rate. If your landlord’s bad behavior (or anyone acting on the landlord’s behalf) has forced you to leave your rent-controlled unit, this could qualify as a type of wrongful eviction called constructive eviction, and you may be able to take legal action.
Regardless of intention, interfering with your life in a manner that causes distress or violates privacy may be grounds for legal action. If you are still occupying your unit and dealing with an invasive landlord, or if you have already been forced out of your home due to interference with your right to quiet enjoyment, consult with an experienced wrongful eviction attorney immediately.
Many local rent ordinances, like San Francisco’s Rent Ordinance and Oakland’s Tenant Protection Ordinance, include an anti-harassment law, which uses the phrase “substantial interference” to describe when a landlord’s breach of quiet enjoyment amounts to harassment and becomes illegal. Some examples of landlord harassment that may be grounds for a lawsuit include:
After years of representing tenants who experience constructive eviction, we have seen countless ways that landlords illegally intimidate, annoy, and harass tenants. We also know how important it is to have legal guidance you can trust in this situation. If you’ve been forced out of your rent-controlled unit by harassment, our firm will review your case and explain your options in depth.
When landlord harassment, unreasonable noise, or lack of privacy make your rent-controlled unit so unlivable that you must leave, you may have cause for a wrongful eviction claim. If a lawsuit against your former landlord becomes necessary, you can trust the attorneys at Wolford Wayne to be your reliable and knowledgeable advocates. We can seek the maximum compensation you deserve for your suffering.
Call Wolford Wayne today or contact us online to discuss your wrongful eviction case. We are committed to fighting for the rights of tenants.
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