California Wrongful Eviction Attorneys
When Is It A Wrongful Eviction?
Under the San Francisco Rent Ordinance, Oakland Rent Ordinance, Berkeley Rent Ordinance, and Richmond Rent Ordinance, a wrongful eviction occurs when a landlord forces a tenant to move out of a rent-controlled unit. This can be either a permanent or temporary ouster. Landlords wrongfully evict tenants in many ways.
Have you been wrongfully evicted?
It Is Wrongful Eviction When:
- A tenant vacates a rent-controlled apartment pursuant to an illegal eviction notice.
- A landlord fails to timely move in after an owner-move-in eviction.
- A relative fails to timely move in after a relative-move-in eviction.
- A tenant is forced to vacate a rent-controlled unit because of a major repair issue, like mold, sewage leaks, rodents, no heat, or a flood.
- A landlord fails to offer a rent-controlled apartment back following a fire, earthquake, capital improvement, or flood.
- A tenant vacates a rent-controlled apartment because of landlord or neighbor harassment.
- A landlord who re-lets a rent-controlled unit to a new tenant following an Ellis Act eviction.
- A rent-controlled tenant is forced to vacate because a landlord has Shut off utilities or locked a tenant out.
- A landlord who repeatedly tells a tenant to vacate a rent-controlled unit.
- A landlord has failed to deal with a nuisance neighbor for a rent-controlled tenant.
- A landlord or landlord agent moves into a tenant-occupied unit or claims to be living in the unit to remove a rent-controlled tenant.
- A landlord attempts to demolish a rent-controlled unit without permits.
- A landlord fails to offer a lifetime lease following condominium conversion.
- A landlord increases rent on a Costa-Hawkins exempt. unit to force a tenant out.
A landlord and anyone who assists a landlord in attempts to wrongfully evict can be held liable for wrongful eviction. Real estate agents, property managers, and relatives are often held liable for wrongful eviction. The damages awarded for wrongful eviction include (1) the lost rental value of the rent-controlled unit, (2) moving costs and statutory relocation fees, and (3) emotional distress. Under the Oakland Rent Ordinance, Berkeley Rent Ordinance, and San Francisco Rent Ordinance, the damages are tripled. The lost rental value is calculated as the fair market monthly rental value of the lost unit less the actual rent paid by the tenant when evicted times the number of years the tenant expected to stay in the unit. Chacon v. Litke, 181 Cal. App. 4th 1234 (2010) (upholding an award of three times, twenty years of projected lost rental value).
For example, where a tenant would have remained in a unit for another ten years and was paying $1,000 below market rate, the value of the lost unit is $120,000. This is then tripled. Attorney fees and costs are also recoverable. The lost rental value, moving costs and statutory relocation fees are automatically tripled. Emotional distress damages are tripled where a landlord acted in knowing or reckless disregard of the eviction protections under the ordinance.
Settlements From Some Of Our Wrongful Eviction Cases:
$850,000
recovered on behalf of two families evicted from separate units on a three-unit property in Oakland. Once a new landlord purchased the property, he forced one set of tenants out through an owner move-in eviction. Nine months later, the landlord served the second family with a notice of eviction claiming their unit was exempt from the protections of the Oakland Rent Ordinance. Because the owner never resided in the owner move-in unit, or any other unit on the property, neither eviction was proper.
$485,000
recovered on behalf of a couple who lived in a San Francisco flat for 26 years before being forced out by a relative move-in eviction. In violation of the Rent Ordinance, no owner was already living on the property or planned to move into the property at the same time as the relative, making a relative move-in eviction illegal. Additionally, the relative for whom the landlord was evicting the tenant never moved in.
$1,050,000
recovered in action brought against a landlord who rented to illegal warehouse units in the Mission District of San Francisco. Eight tenants were wrongfully evicted when defective Ellis Act notices were issued after a fire in the warehouse.
$425,000
recovered in action brought against landlord who failed to offer a rent-controlled unit back to tenants after post-fire repairs were completed. Instead of complying with the San Francisco Rent Ordinance and allowing the long-term tenants to return to the property, the landlords re-rented the unit to a third-party for thousands more per month.
