San Francisco, CA Retaliatory Eviction

Our current economic situation places American tenants in a precarious position. Rising prices, job losses, and low wages make it difficult for tenants to juggle their 

budget. A nice landlord can make life much easier, however many are not so lucky as to have such friendly landlords. There are nasty landlords out there who will use their power to make lives difficult for their tenants, even at times evicting them for retaliatory purposes.

If you believe you’ve been the victim of an illegal eviction, or any other tenancy, rental agreement issues. get in touch with our trusted San Francisco retaliatory eviction lawyer at Steven Adair Macdonald & Partners, P.C. to schedule a consultation. 

Why do I need a San Francisco Retaliatory Eviction Lawyer?

A real estate attorney who is knowledgeable  in landlord-tenant law (L&T law) may do more harm than good. Tenants frequent mistake is hiring an attorney that don’t comprehend the intricate, technical application of L&T law. Furthermore, each state handles matters differently, thus it’s paramount that your attorney knows the state law. This is a big reason why you should hire our San Francisco retaliatory eviction lawyers from Steven Adair Macdonald & Partners, P.C.

Here are more benefits of hiring our attorneys:

Personalized Care  – We recognize that legal services are an investment. Where others may treat clients as just another paperwork to handle and case to solve, we treat our clients with the professionalism and respect that befits them. From consultation to the resolution, you will experience the highest standard of legal assistance and client care possible. 

Unique Perspective – Our attorneys at Steven Adair and Macdonald & Partners, P.C. have represented both landlords and tenants, giving a unique approach at the overall picture involving landlord and tenant laws. We know the tenants’ rights and the landlord’s rights, thus we provide an objective perspective that lawyers who only serve one side cannot provide. 

Affordable and Efficient – 99% of cases do not reach a trial. Instead, both parties come to an agreement and settle. Thus, what’s important is coming to the resolution as soon as possible to save you both time and legal fees. 

As landlord-tenant lawyers, we are well-versed in issues from our experience dealing with hundreds of cases. Aside from retaliatory eviction, we can also help you with other tenant issues such as wrongful evictions, habitability issues, and rent increase control, among many others. 

Contact us now for legal consultation.

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

Take note that this is a presumption only. The landlord can rebut this presumption if they can adequately prove that this is not the case, although the burden to overcome the presumption lies on their shoulders. 

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: 

1.  You’ve exercised any of those rights within the last six months; and
2. You’re current on your rent and you have not used the retaliation defense more than once within the last twelve months.

If you’re able to adequately prove the above, then it falls on the landlord to prove that they did not have a retaliatory motive. Even if the landlord can show that they have a valid reason to evict you, you can still prove retaliation if you can show the court that the efforts to evict you were not made in good faith, instead being based on punishing you for exercising your rights. 

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

Not only that, the landlord will also be unable to alter their rental for at least 180 days. However, if the court decides in favor of the landlord, you may be the one to pay their attorney fees.

If you’re the victim of a retaliatory eviction process, get in touch with our skilled San Francisco retaliatory eviction lawyer today for legal help.

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!