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What Landlord Conduct is Considered Retaliatory?
Retaliatory Landlord Conduct
In an ideal world, everyone just gets along. Alas, in our world, some people become spiteful when things don’t go their way. There have been cases where power-tripping landlords evict tenants who exercise their rights. If you’re the victim of landlord harassment, our San Francisco retaliatory eviction attorneys have your back! At Steven Adair Macdonald & Partners, we defend tenants who want to exercise their law-given rights. In this article, we’ll cover the following aspects of retaliatory eviction:
- What is Retaliatory Eviction?
- What are the Just Causes for a California Eviction?
- How Can I Show an Eviction is Retaliatory?
- What Happens to My Landlord if they Lose the Retaliatory Eviction Lawsuit?
Know your civil rights! If you’re facing retaliatory eviction, get in touch with our experienced San Francisco retaliatory eviction attorneys.
What is a San Francisco Retaliatory Eviction?
Retaliatory does not refer to the hostility or ill-will between the landlord and the tenant. California law says that eviction is retaliatory when it happens after a tenant has exercised certain rights. For sure, evictions can cause hostile feelings between you and your landlord. However, suppose the landlord has legal grounds to evict you. In that case, it may not be considered retaliatory, no matter how much they hate you.
California courts will presume that eviction is retaliatory if the landlord tries to evict you within six months after you exercise one of the following rights:
- Getting a government agency to inspect the unit or issue a citation;
- Starting arbitration or filing a lawsuit for the rental unit’s condition;
- Complaining about the state of the rental unit either to the landlord or the appropriate public agency;
- Using or planning to use the “repair and deduct” remedy.
When you exercise these rights, your landlord cannot evict you without the courts presuming it’s out of retaliation. The burden lies on the landlord to prove that they had just cause for eviction.
If you need help with landlord harassment, talk to our knowledgeable California retaliatory eviction attorney today!
What are the Just Causes for a California Eviction?
Landlords are allowed to evict tenants for certain reasons. The most common ones include:
- Late payments, frequently bounced checks, or not paying rent.
- Violation of the lease agreement.
- The tenant is a nuisance, interfering with the enjoyment, safety, or comfort of those in the building.
- Using the unit for illegal purposes.
- The rental agreement has been terminated, and the tenant doesn’t want to follow an extension with the same terms.
- The tenant prevents the landlord from entering the unit, as the law requires.
- There is an unapproved subtenant left alone in the rental property.
- Move-in of the landlord or their immediate relative.
- Demolition or removal of the unit from residential use.
- The unit is sold and converted into a condo.
- Capital improvements or rehabilitation.
- Substantial rehabilitation of the building;
- Ellis Act evictions.
- Lead abatement activity.
- The tenant’s Good Samaritan Occupancy Status expires. A tenant has this status when they lose their home because of a disaster and the landlord rents a unit to them for low rent.
Landlord tenant law can be complex. If you’re unsure whether your eviction is retaliatory, call us! Our experienced San Francisco retaliatory eviction attorneys can get to the heart of the matter. We’ll assess the facts on hand to determine the merits of your case. Call us today to schedule a consultation!
How Can I Show an Eviction is Retaliatory?
To defend your case, you have to prove that:
- You’re current on your rent
- You have not used the retaliation defense more than once in the last 12 months
- You’ve exercised one or more of the rights mentioned above.
Once you’ve proven these, the burden of proof lies on the California landlord. They must show the court that they have a valid reason for the eviction. Suppose they produced enough evidence to the court. In that case, you can still counter it by showing that their intent for eviction was to punish you for exercising your rights. In other words, you can still prove a retaliatory eviction even if you’re behind on rent.
Proving retaliatory landlord conduct in San Francisco can be difficult and complex. That’s why hiring a skilled retaliatory eviction attorney from San Francisco, CA is best. Our attorneys at Steven Adair Macdonald & Partners are more than capable of representing your interests. Call us today for legal advice on the matter!
What Happens to My Landlord if they Lose the Retaliatory EvictionLawsuit?
If the court decides in your favor, your landlord will lose a lot of money, among other consequences. According to California statutes, your landlord:
- Has to pay for actual damages you’ve sustained;
- Has to pay $100 to $1000 in punitive damages for each retaliatory act;
- Has to pay for your attorney fees;
- Cannot change the rental amount for at least 180 days.
As you can see, your landlord can face many consequences if they cannot prove that they evicted you in good faith. Our reliable retaliatory eviction attorneys can fight for you in court so you can get the compensation you deserve. Call us today to protect your tenant rights!
Talk to our San Francisco Retaliatory Eviction Lawyer Today!
Dealing with evictions can be stressful and landlord harassment is all too common. We know how difficult it can be to lose your housing in our current economic climate. This is why you need the services of our experienced retaliatory eviction lawyer from Steven Adair MacDonald & Partners, PC.
One of the biggest mistakes San Francisco tenants make is to hire an attorney that’s inexperienced in landlord harassment. Our firm boasts years of experience in landlord-tenant law, representing both landlords and tenants. This equips us with the know-how and skills to efficiently find a resolution in your favor.
We know that 99% of San Francisco cases do not reach a trial. What matters then is how soon we can come to an agreement with the opposing party. The sooner we find a resolution, the more time and money you save!
Aside from retaliatory evictions, our services include:
- San Francisco eviction process and defense,
- Habitability issues,
- Rent increase control,
- Wrongful eviction,
- And many other tenant issues.
What are you waiting for? If you’re the victim of retaliatory eviction, don’t hesitate to call us! Our San Francisco landlord-tenant law firm will help. Contact us to schedule a consultation.
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