CALIFORNIA TENANTS’ RIGHTS LAWYERS
Bay Area Rent Ordinances
San Francisco, Oakland, and Berkeley have rent ordinances that protect tenants from illegal rent increases and wrongful evictions. A landlord cannot simply change the locks on you, even if you have not paid rent. The landlord must go through the eviction process, properly serve you a notice (three-day notice), and then file an unlawful detainer lawsuit. You cannot be forced out of your home unless there is a valid court judgment against you. If you have been subject to an illegal lock-out, call an experienced Bay Area tenant’s attorney at Bracamontes & Vlasak immediately.
Rent Control
In rent-controlled jurisdictions, landlords may only raise the rent by the percentage allowed by the local rent board for that year. The San Francisco Rent Board has set the allowable rent increase for March 1, 2017 to February 28, 2018, at 2.2% percent.
If your landlord has raised your rent beyond the allowable increase in a rent-controlled unit, your landlord may have violated the rent ordinance and you should consult a tenant’s lawyer to discuss your rights.
Wrongful Eviction Lawsuits
Under the San Francisco Rent Ordinance, a tenant may be entitled to treble damages (triple the amount of actual damages), plus attorney’s fees and costs, if the tenant can prove a rent ordinance violation in a matter involving a rent-controlled apartment. Under the Rent Ordinance, a tenant may only be evicted for “just cause.” You may have grounds for a wrongful eviction lawsuit if your landlord has:
- Attempted to evict you for an unlawful, pretextual reason not falling within one of the “just cause” grounds for eviction under the Rent Ordinance
- Engaged in a pattern of harassment designed to make you move out, such as repeated requests or threats to vacate, invasions of privacy, unwarranted late charges, creating or failing to abate nuisances, and so on
- Failed to ensure habitability or make necessary repairs in an effort to force you out of the rent-controlled unit
- Rented you an illegal unit and is now forcing you out
- Illegally entered your unit and recovered possession
California Wrongful Eviction Frequently Asked Questions
What is wrongful eviction?
Wrongful eviction occurs when a landlord illegally forces a tenant to leave their rental unit without following the proper legal procedures.
What are common reasons for wrongful eviction?
Common reasons include eviction without proper notice, eviction for discriminatory reasons, retaliation for tenant complaints, and eviction without just cause.
What is the proper eviction process in California?
The landlord must provide written notice stating the reason for eviction and the time frame for the tenant to correct the issue or vacate the property. If the tenant does not comply, the landlord can file an eviction lawsuit (unlawful detainer).
How much notice must a landlord give before evicting a tenant?
The notice period depends on the reason for eviction. For example, a 3-day notice to pay rent or quit is required for non-payment of rent, while a 30-day or 60-day notice may be required for other reasons.
Can a landlord evict a tenant without going to court?
No, a landlord cannot legally evict a tenant without a court order. Locking out a tenant, shutting off utilities, or removing their belongings without a court order is illegal.
What should I do if I receive an eviction notice?
Read the notice carefully, understand the reason for eviction, and take action to address the issue if possible. Seek legal advice to understand your rights and options.
What are my rights as a tenant facing eviction?
You have the right to receive proper notice, the right to contest the eviction in court, and the right to be treated fairly and without discrimination.
Can I be evicted for complaining about unsafe conditions?
No, landlords cannot evict tenants in retaliation for exercising their rights, such as complaining about unsafe conditions or requesting repairs.
What is a “just cause” eviction?
A just cause eviction requires the landlord to have a valid reason for evicting the tenant, such as non-payment of rent, lease violations, or the landlord’s need to move into the property.
Where can I get legal help if I’m facing eviction?
You can contact legal aid organizations, tenant rights groups, or consult with our Bay Area tenant attorney to get assistance and understand your rights.
Contact Our Bay Area Wrongful Eviction Attorneys
If you have been subjected to wrongful eviction or attempted wrongful eviction by the owner or management of your rent-controlled apartment, call our Bay Area tenant’s lawyer at Bracamontes & Vlasak, P.C., today at 415-835-6777 for a free consultation. You can also reach us by completing our online contact form.
(Updated 12/9/2024)
