Being forced to move out of your home unexpectedly can be traumatic and might leave you feeling helpless. But help is available. Local rent ordinances are in place to provide renters with tools to pursue claims for wrongful evictions. Understanding what makes an eviction illegal can be confusing. Below are some of the most common questions our wrongful eviction attorneys receive about San Francisco housing rights.
For a landlord in San Francisco to lawfully evict a tenant, the landlord must have one of sixteen “just causes” as recognized by the law and adhere to detailed eviction procedures. Further, landlords must obtain a court order or a tenant must move out subject to a legal eviction notice in order to evict tenants in most cases.
A wrongful eviction occurs when a landlord evicts a tenant without one of these just causes.
Generally, landlords must allege and show one of sixteen just causes, such as the following to lawfully evict a tenant in San Francisco:
Landlords must also provide tenants with a detailed written notice of their intent to evict the tenant, and in certain situations, give tenants the right to resolve (or “cure”) the violation. Tenants should contact an attorney immediately after receiving an eviction notice, as some evictions have shorter notice periods than others. In San Francisco, tenants have a right to free legal counsel, so we recommend that tenants seek assistance from one of the many non-profit organizations that represent tenants such as the Eviction Defense Collaborative, rather than a private attorney in most circumstances.
Unfortunately, in some cases, yes. Relative move-ins, under certain conditions, are considered a just cause for eviction. However, the move must be made in good faith and without an ulterior motive. For example, if the landlord targets the unit with the lowest rent for their relative to live in when nicer units are already available, this may not be considered a good faith move-in.
Tenants who have resided in their home for over a year that are forced to vacate for an owner or relative move-in are likely entitled to relocation payments. It’s also important to note that if the landlord does not continue to meet the requirements for an owner eviction, such as remaining in the unit for a minimum of 36 months, the evicted tenant may have grounds to recover substantial damages in a wrongful eviction lawsuit.
The sad reality is that our firm has seen many landlords use bogus owner or relative move-in evictions as a way to recover possession from long-term tenants. Tenants who are forced out of their homes based on lies or misinformation have rights. That’s why we’re on a mission to provide both education and advocacy for Bay Area renters whose rights are being compromised.
By accepting nearly all cases on a contingency fee basis (meaning we don’t get paid until you do), we make it affordable and realistic for tenants to get the legal help they deserve. We help level the playing field for San Francisco tenants who are wrongfully evicted by providing powerful and effective legal guidance.
Wrongful eviction lawsuits can result in significant damages for tenants but it’s important to note that a wrongful eviction lawsuit is not the same as an eviction lawsuit, and that a wrongful eviction case does not help a renter remain in their home during eviction proceedings. Tenants facing eviction may be able to defend an eviction and remain in their home, but a wrongful eviction lawsuit only occurs after the tenant has already moved out of the rental unit, and only in circumstances where the tenant was forced to move without a just cause for eviction.
Under Cal. Civ. Code § 789.3, landlords who have engaged in unlawful actions against their tenants, including unlawfully locking out claimants, destroying personal property, or forcing tenants out by turning off utilities, must generally pay the tenant a statutory penalty of $100 a day until they remedy the wrong. This may include giving the rightful tenant access to the apartment or negotiating lease buyouts.
Some San Francisco landlords must also pay triple damages to tenants unlawfully forced out of their rentals. Damages for tenants in a wrongful eviction case may include loss of use (difference between the rent-controlled rent they were paying and market rate, for however long they’d stay), reimbursement of rent, and moving costs. Claimants may also be entitled to punitive damages, compensation for emotional distress, and attorney’s fees in appropriate cases.
Yes. San Francisco tenants who are forced to move out due to poor living conditions or harassment may have claims for what’s known as constructive eviction. Constructive eviction is similar to a wrongful eviction in terms of the damages available to a tenant, but where a wrongful eviction involves a landlord actually terminating a tenant’s tenancy, a constructive eviction occurs when a landlord fails to resolve problems – or causes problems – that leaves a tenant with no choice but to move out. Common examples of constructive eviction include:
If you have been forced to move or find yourself thinking about moving due to horrible living conditions, the dedicated tenant’s rights lawyers at Wolford Wayne LLP are available to discuss your wrongful eviction claims. Request your consultation by calling (415) 649-6203 or connecting with us online.
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