{"id":2031,"date":"2021-10-27T06:56:29","date_gmt":"2021-10-27T13:56:29","guid":{"rendered":"https:\/\/samlaw.net\/?page_id=2031"},"modified":"2024-01-25T06:14:55","modified_gmt":"2024-01-25T13:14:55","slug":"wrongful-eviction","status":"publish","type":"page","link":"https:\/\/samlaw.net\/practice-areas\/landlord-tenant-law\/wrongful-eviction\/","title":{"rendered":"Wrongful Eviction"},"content":{"rendered":"
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Wrongful Eviction Attorneys in San Francisco, CA<\/div>\n
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One of the most important responsibilities of a tenant is to abide by the tenancy rules enforced by the landlord. Failure to do so may lead to termination of the tenancy contract and eviction. Evictions allow landlords to remove unruly tenants, as well as those who don\u2019t pay their rent on time. However, wrongful eviction can also occur, If you think you’ve been wrongfully evicted, a California wrongful eviction attorney might help.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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The reasons for eviction will vary based on the type of rental property, the terms of the lease or rental agreement, and the eviction laws in your state.<\/p>\n

Eviction laws may vary from state-to-state. A landlord can’t evict a tenant without a valid reason that is legally recognized by the state in which the rental property is situated. In California, a landlord usually evicts a tenant either for violating the lease or rental agreement or failing to pay rent. Usually, the landlord is not allowed to take measures in his or her own hands (self-help eviction). He or she can legally remove the tenant by following state eviction procedures.<\/p>\n

At Steven Adair MacDonald & Partners, P.C.,<\/a> we have extensive experience in solving landlord-tenant disputes. Whether you are a landlord evicting a tenant or a tenant facing eviction, it is advisable to consult our competent San Francisco wrongful eviction lawyers to help you know and understand the basics of an eviction process. Call us at 415-562-0504<\/a><\/strong> to get legal help with landlord-tenant issues today.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Eviction Notices in California<\/div>\n
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Before a landlord can start the eviction process, they must give the tenant a written notice stating the cause of the eviction and requiring them to leave the property within the time frame given by state law. As a tenant, if you refuse to move out even after receiving the notice, then your landlord will be forced to file an eviction lawsuit which is also known as forcible entry and detainer lawsuit.<\/p>\n

The landlord must abide by the rules as to how and when the tenant is given notice. A credible wrongful eviction attorney in San Francisco can help determine whether your landlord served an eviction notice in compliance with state law<\/strong><\/a>.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Notice for Nonpayment of Rent<\/div>\n
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One of the most common reasons for eviction is the nonpayment of rent. If you fail to pay the rent on time, your landlord will give you a three-day notice to pay rent or quit. If you will not pay the rent or move out within the given three-day period, then your landlord can file an eviction lawsuit with the court.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Notice of Lease Violation<\/div>\n
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A tenant can also be evicted by the landlord for violating the lease or rental agreement<\/a>. When you violate any of the rental or lease<\/a> agreement terms, your landlord can serve you with a cure or quit notice. In this case, you\u2019ll be given a certain notice period (usually 3 days) to \u201ccure\u201d, fix the problem, or correct the violation. Failure to do so might lead to an eviction lawsuit.<\/p>\n

In addition, if you\u2019re engaged in serious illegal activity on the premises (such as drug dealing or violating zoning agreements), your landlord can give you an unconditional three-day notice to quit. This notice informs you that you must move out of the rental unit within three days of receiving it. In this case, a tenant must vacate the premises without the opportunity to cure the violation or pay the rent.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Eviction Defenses for Tenants<\/div>\n
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Depending on the circumstances, tenants might have several reasons why they shouldn’t be evicted. One of the most common defenses is that the landlord did not follow all the rules when terminating the tenancy. This is why both landlords and tenants have to be very careful with the eviction process.<\/p>\n

A tenant or renter can look into any mistakes in the eviction notice, improper delivery, or an attempt to delay or dismiss the case. A reliable San Francisco eviction attorney can provide legal assistance in preparing all possible defense of tenants<\/a>. It is important to ensure that you know your rights and responsibilities as a tenant to avoid any legal action that can be taken against you.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Landlord Attempts a “Self-Help” Eviction<\/div>\n
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In California, the only way a landlord can legally evict a tenant is by going through the courts and winning an eviction lawsuit or unlawful detainer suit. Even though the landlord is entitled to repossess the property, the landlord cannot remove the tenant without the assistance of a law enforcement officer.<\/p>\n

If a landlord attempts a “self-help” eviction, the tenant can sue the landlord for damages. A self-help eviction occurs when a landlord retakes possession of the rental property without following the proper eviction process. The use of self-help is equivalent to landlord harassment. Most states prohibit a landlord from using self-help to evict a tenant. If you\u2019re facing this type of eviction, do not hesitate to seek legal help from a qualified San Francisco wrongful eviction attorney to help you fight against a self-help eviction case.<\/p>\n

Here are the following self-help methods that must not be done by the landlord<\/strong>:<\/p>\n