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Attorneys defending against wrongful eviction and habitability claims
At Bornstein Law, our wrongful eviction lawyers defend housing providers against lawsuits brought by tenants. Aided by no shortage of tenants’ attorneys, these types of lawsuits are proliferating throughout the Bay Area.
In California, a wrongful eviction occurs when a landlord illegally removes or forces a tenant to vacate a rental property without following the carefully choreographed steps of the eviction process. Displaced tenants who prevail in a wrongful eviction claim may be entitled to various remedies, including a big payday; six or seven-figure awards are not uncommon.
Keep in mind that San Francisco, Oakland, and Berkeley allow for treble damages.
Possible claims tenants can make in a wrongful eviction lawsuit:
Tenant is evicted without a court order
Occasionally, we encounter housing providers fed up with their tenants and take matters into their own hands by resorting to “self-help” eviction tactics. This can include changing the locks, removing a tenant’s belongings, shutting off utilities, or otherwise creating or allowing conditions so intolerable that the tenant has no reasonable choice but to move out.
We call this “constructive eviction” and it may also apply to exorbitant rent increases. Even if a landlord is entitled to raise the rent to whatever amount they like in some circumstances (like single-family homes and condos), the courts have ruled that if landlords impose an intentionally outrageous rent increase knowing that the tenant can’t afford it, it can be viewed as a form of coercion designed to force tenants out.
Rent increases can also spawn a lawsuit when the rent hike is viewed as retaliatory. For example, a tenant who complains about living conditions and then faces a massive rent increase.
Using pretenses when recovering possession of the unit
In no-fault evictions where the tenant is transitioned out of the rental unit through no fault of their own, their landlord has certain obligations under the law. In an owner move-in or relative move-in eviction, for example, the owner or close relative must live in the unit and maintain it as their principal place of residence for a continuous period of time.
Tenants may also be transitioned out of the unit when the landlord endeavors to make substantial repairs, but this comes with a host of requirements enacted by lawmakers distrustful of these so-called “renovictions.”
Evicting without just cause
Does the locale where the property is located have local just cause protections? If so, landlords need a permissible reason to evict. The first question we need to ascertain is what rules the property is subject to.
When we began our legal careers three decades ago, we only had three ordinances to contend with: San Francisco, Oakland, and Berkeley. However, the calls for increased tenant protections have spread throughout the Bay Area, with additional cities expected to enact just-cause eviction protections.
Defense of habitability claims
A core responsibility of housing providers is to maintain the unit in a habitable condition, but what does this term mean? The unit need not be in pristine condition, but it does require landlords to keep units that meet basic health and safety standards, as outlined under California Civil Code § 1941.1 and bolstered by case law:
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Effective waterproofing and weather protection (roof, walls, windows).
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Working plumbing, gas, and heating facilities.
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A supply of hot and cold running water.
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Functioning electricity and lighting.
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Clean and sanitary buildings, grounds, and free of pests/vermin.
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Proper garbage receptacles.
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Safe floors, stairways, and railings.
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Compliance with local building and health codes.
An ounce of prevention is a pound of cure. Having a strong maintenance and documentation routine is key, and promptly addressing repair requests and keeping records can prevent claims. This does not mean that landlords have to capitulate to unreasonable demands; when a repair request is made by the tenant and it is denied, the landlord or their agent should acknowledge the request in writing and detail why the requested repair is not necessary.
Having open communication can avoid many problems we encounter in strained rental relationships, and this should begin at the inception of the tenancy.
Hopefully, housing providers can avoid litigation in the first place, but if the tenant sues their landlord for wrongful eviction, Bornstein Law can articulate any number of defenses.
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The eviction was lawful and compliant with pertinent state and local ordinances.
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The tenant vacated the premises voluntarily and was not forced, coerced, or wrongfully removed.
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The eviction was based on a lawful and valid “just cause” under applicable law, including but not limited to nonpayment of rent and/or other material violations of the lease.
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The tenant did not suffer any compensable damages as a result of the landlord’s actions.
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At all times, the landlord acted in good faith, with reasonable care, and without malice.
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The tenant’s claims are barred by the applicable statute of limitations
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To the extent that the tenant created damages to their unit through their own actions or failure to mitigate, the landlord should not be held accountable.
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The tenant is barred from recovery under the doctrine of estoppel and waiver, such as when the tenant voluntarily surrenders possession by accepting relocation assistance, voluntarily vacates, or agrees in writing to vacate.
If you are sued by a tenant, protect your rights by calling the firm built for rental housing providers.
There are brilliant tenants’ attorneys eager to sue landlords. We provide a strong defense.
If housing providers face litigation brought by a tenant, it is imperative to contact proper counsel to evaluate the merits of the claims and provide informed advice on how to proceed.
Topics of interest
Owner/Relative move-in evictions ›
Substantial rehabilitation evictions ›
Defending against tenant lawsuits ›
Reviewing & drafting lease agreements ›