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San Francisco, CA Retaliatory Eviction
Illegal Retaliatory Eviction
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Whether you're dealing with a landlord-tenant dispute or addressing a real estate concern in California, our San Francisco real estate attorneys are here to protect your rights.
Why do I need a San Francisco Retaliatory Eviction Lawyer?
What is a Retaliatory Eviction in San Francisco, CA.?
According to California law, a retaliatory eviction happens when a landlord evicts a tenant who was exercising their legal rights. In terms of the law, “retaliatory” does not mean that the landlord is out to get you or has hostile feelings towards you. Landlords are allowed to evict tenants for many legal reasons, which may include:- Consistent months-to-month late payments of rent
- Damage to the property
- Tenant becomes a serious nuisance to the landlord or other tenants
- Illegal or unauthorized use of the property
What Exactly Makes a San Francisco Eviction Retaliatory?
California law infers a that an eviction is retaliatory if the landlord moves to evict the tenant within six months after a tenant exercises one or more of the following rights:- Using or planning to use the “repair-and-deduct” remedy;
- Complaining about the rental unit’s condition, either to the landlord themselves or the appropriate public agency;
- Launching legal action or arbitration based on the condition of the rented property;
- Causing a proper public agency to inspect the unit or give the landlord a citation
How can a San Francisco Tenant Prove Retaliatory Eviction?
It’s the other way around, the landlord has to prove that evicting you was not retaliatory. As mentioned above, if you exercise your legal rights, the law presumes retaliatory eviction. That said, as a tenant, you have to prove the following for the court to consider the eviction as retaliatory:- You’ve exercised any of those rights within the last six months; and
- You’re current on your rent and you have not used the retaliation defense more than once within the last twelve months.
How Much Will My Landlord Pay If I Can Prove Retaliatory Eviction?
If you are able to prove that your landlord has evicted you out of retaliation, then he has a hefty sum to pay. The costs include:- Attorney fees
- Court costs
- Actual damages you’ve sustained
- Punitive damages amounting to $100-$1000
Real Estate Disputes?
Whether you're dealing with a landlord-tenant dispute or addressing a real estate concern in California, our San Francisco real estate attorneys are here to protect your rights.
Hire our San Francisco Retaliatory Eviction Lawyer Now!
Landlord-tenant disputes can present a challenging time, especially for tenants who are only exercising their legal rights properly. If you’re the victim of a vindictive landlordwho evicted you for this reason, our retaliatory eviction lawyer at Steven Adair Macdonald and Partners, P.C. are at your service! Our years of experience with landlord-tenant laws combined with our high standard of client care can ensure that you case is handled properly and that you are treated with utmost respect and professionalism. On the other hand, as landlord lawyers, our services include the eviction process, short-term rental service issues, and unlawful detainer lawsuit. We also have real estate lawyers to handle issues like property owner disputes, lease disputes, and partition title quiet actions. Don’t wait longer for legal advice. Call our San Francisco law office to get in touch with a skilled retaliatory eviction lawyer today!Latest Posts
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“The truth is, 99 percent of cases do not go to trial. The two sides eventually come to an agreement and settle. We know this from the thousands of cases we have handled. Therefore, we critically analyze our client’s situation to see if we can help them find an agreement earlier rather than later. The difference will mean enormous savings in time and legal fees.
We will do everything in our power to successfully resolve your landlord-tenant case or real estate dispute in as little time as possible. We have the resources to take on complex real estate cases and the size to keep you from becoming more than just a case file.”
Steven Adair MacDonald
& Partners, P.C.
& Partners, P.C.
There are two sides to every story —
let yours be heard.
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