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What is a Wrongful Eviction in California?

Tenant Law Group Offers Aggressive Legal Representation

San Francisco Wrongful Eviction Attorneys

Receiving an eviction notice from your landlord can come as a complete shock. You probably have a lot of questions. Many clients report feeling unsure of where to turn when this happens. However, you are not alone in this. At Tenant Law Group, our wrongful eviction attorneys in San Francisco have the knowledge and experience required to help you effectively fight for your rights as a tenant.

On This Page:

  • What Is Wrongful Eviction?
  • What Is the Ellis Act?
  • How Does the Ellis Act Work?

What Is Wrongful Eviction?

Before a landlord or property manager can evict a tenant, they must first provide a notice of termination or notice to quit to the tenant. While there are some cases where evicting a tenant is lawful, all too often, landlords will illegally evict lower-paying tenants from rent-controlled apartments. They hope that the tenants will give up and leave.

We can handle any wrongful eviction case, including those involving the following:

  • Owner-move-in eviction violations
  • Relative-move-in eviction violations
  • Ellis Act eviction violations
  • Costa-Hawkins Act violations
  • Tenant forced out because of a repair issue
  • Tenant not offered a rent-controlled unit after a major event, such as a fire or earthquake
  • Landlord harassment
  • Neighbor harassment or a nuisance that isn’t dealt with

If your landlord has filed a frivolous or illegal eviction lawsuit against you, you do have options, and you can fight for your rights. Additionally, if your landlord has forced you out of your apartment by shutting off utilities or water or locking you out of your unit, you do have legal options to fight back and protect yourself as a renter.

When you are in dispute with your landlord, it is worth speaking with a tenant lawyer and finding out what your rights are and to what damages you are entitled.
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What is the Ellis Act?

The Ellis Act is a California law that states that landlords have the right to evict tenants to “go out of business”. The landlord must remove all their units in the building from the rental market. This means that all of the tenants must be evicted. A single tenant or several units cannot be left behind.

The purpose of this act is to change the purpose of the building. For example, if a rental unit is being converted into condominiums, tenants will need to be evicted per the Ellis Act. The act may also cover multi-unit buildings being converted into homes or mansions.

How Does the Ellis Act Work?

  • Landlords may issue warnings to tenants regarding Ellis evictions via phone or letter as a scare tactic. In some cases, the letters are mistaken for official eviction notices, so the renters move out and the landlords end up re-renting the unit for a higher price.
  • If a landlord is truly evicting you because of reasons related to the Ellis Act, you will receive an official eviction notice, not a warning or an advisory. Be sure to read all the paperwork and emails from your landlord carefully. If you do not receive an official eviction notice or have been threatened with the Ellis Act, file a “Tenant Report of Alleged Wrongful Eviction” with the San Francisco Rent Board. The protection of your tenant’s rights is only valid in this circumstance if you have adequate documentation with the city of San Francisco
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We Believe in Holding Corrupt Landlords Accountable
Fighting an illegal eviction can seem time consuming and overwhelming. This doesn’t have to be the case. At Tenant Law Group, our wrongful eviction lawyers in San Francisco believe in making the legal process of fighting an unscrupulous landlord easier for the tenant. When you work with us, you and your best interests become our priority.
    We are committed to social justice and to the ideal that all members of our community, regardless of financial resources, are entitled to strong legal representation.
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Trusted Eviction Attorneys

We fight for the rights of every
California family whose rights
as renters have been violated.

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