Can You Sue for Wrongful Eviction?

Berkeley residents can be evicted from their rented properties for many reasons. While some of the reasons are valid, others may not be compliant with state rental laws. If you think you have been forced to leave your rented apartment, home, or commercial space in an illegal way, you may want to consider seeking assistance from a wrongful eviction lawyer in Berkeley. When can you sue for wrongful eviction?

Self-Help Eviction

Self-help eviction occurs when a landlord attempts to bypass the proper eviction procedures by taking the law into his or her own hands. There are a number of illegal tactics that are commonly used by bad landlords to force tenants to leave, including changing the locks and shutting off utilities. If your landlord has used one of these methods to make you leave, you have a case for wrongful eviction.

Retaliatory Reason

In California, it is against the law for a landlord to evict a tenant based on a retaliatory reason. For example, your landlord may want you to leave because you complained to a health inspector about unhealthy or unsafe conditions in your apartment unit. If he or she tries to evict you in retaliation for something that you are legally allowed to do, you can sue him or her for illegal eviction.

Improper Eviction Procedures

Landlords in California are required by law to meet very detailed requirements when they wish to terminate a tenancy. These requirements include terminating tenancy before eviction, ensuring that termination notices are properly written and delivered, and using appropriate notices for different situations. A wrongful eviction lawyer in Berkeley who knows the ins and outs of local landlord-tenant laws can help you build a stronger case by spotting errors in your landlord’s handling of the eviction process.

Winning a wrongful eviction lawsuit can be a very challenging task, especially if your landlord has legal representation. As such, it is important that you look for a truly competent wrongful eviction lawyer in Berkeley.

Elke and Merchant LLP is an accomplished law firm that specializes in landlord-tenant laws. Over the years, it has helped clients in the San Francisco Bay Area secure millions of dollars in compensation.

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