Free Case Review: 415-727-1890

Wrongful Evictions

Evictions in the San Francisco Bay Area are becoming increasingly common and complicated. While California places certain legal requirements for evictions, some cities and counties implement narrower requirements. For example San Francisco, Oakland, and Berkeley have each implemented their own ordinances controlling evictions. As such, both landlords and tenants should consider consulting an attorney familiar with landlord-tenant law in the Bay Area to guide them through the eviction process and/or a wrongful eviction lawsuit.

Call Bay Area Legal Group for your eviction consultation.  415-650-1296

California Evictions Claims

An eviction is a legal procedure seeking a court judgment against the tenant. In most circumstances, evictions must start with a written eviction notice. The protections in eviction cases depend on whether the tenancy is governed under only California state law or also a local ordinance (such as San Francisco, Oakland, or Berkeley).

Before January 1, 2020, California state law allowed landlords to evict tenants for any non-discriminatory reason. However, California enacted AB 1482, which requires landlords to have a just cause for terminating tenancies that are not exempt from AB 1482. Therefore, determining whether a tenancy is protected by just cause requirements depends on whether the residential unit is covered under AB 1482 or a local ordinance

Types of Evictions That May Be Wrongful Evictions

Each landlord-tenant relationship is unique and eviction grounds depend on a multitude of reasons, including location of unit, type of unit, and tenancy length. Nevertheless, the following is a list of common wrongful reasons for terminating a tenancy.

Verbal Termination of Tenancy: In most circumstances, a Landlord cannot terminate a tenant’s tenancy verbally. Most of the times, Landlords must issue a written notice to terminate tenancy.

Retaliation: Landlords cannot evict as retaliation against a tenant who enforced their rights.(California Civil Code Section 1942.5)

Self-Help/Lock Out: Landlords cannot dispossess a tenant’s unit by locking the tenant out of the unit. Lock outs are only allowed after the court issues a judgment granting possession. As such, a landlord who self-helps themselves by locking a tenant out of their unit or changing the locks on the tenant is likely wrongful.

Decrease in Housing Services: Landlords cannot attempt to evict a tenant by substantially reducing the services of the rental agreement. Such actions may be considered as self-help eviction conduct. This includes failing to make repairs.

Harassment: Landlords cannot harass tenants for the sake of evicting them.

Discrimination: Landlords cannot evict a tenant based on a discriminatory purpose.

Service members have some eviction protections under the federal law known as the Service members Civil Relief Act.

False Owner Move In Eviction: Under certain circumstances a landlord or their relatives may be able to evict a tenant so the owner or relative can move in. But such eviction is not allowed if any of the required traits are proven false.

Contact Bay Area Legal Group today to discuss possible wrongful eviction claims.

  • San Francisco Eviction Lawyer
  • Oakland Eviction Lawyer
  • Berkeley Eviction Lawyer
  • Alameda Eviction Lawyer

Call Bay Area Legal Group for your eviction consultation.  415-650-1296

English English Spanish Spanish