Wrongful Eviction

Tenants have rights to due process when facing evictions. A landlord cannot change the locks or evict a family without a court order. A landlord is required to file an unlawful detainer law suit in court in order to evict a tenant. In most instances, a landlord must first provide a tenant with a notice detailing the reasons for the eviction. If the landlord does not abide by the law in evicting a tenant family, that landlord may be liable for a wrongful eviction.

Tenants who live in the jurisdictions of Berkeley and Oakland have additional rights pursuant to local ordinances that require good cause for eviction. A tenant that is covered by either the Berkeley or Oakland rent ordinance cannot be evicted without a good cause as defined by the respective ordinance. Failure to comply with the ordinance can often provide a complete defense to an eviction. Each ordinance also provides remedies for violations by landlords.

Attorneys with Sundeen & Salinas have considerable experience in litigating cases concerning the City of Berkeley Rent Stabilization and Eviction for Good Cause Ordinance and the City of Oakland Just Cause for Eviction Ordinance.

Links:

City of Berkeley Rent Stabilization Board

City of Oakland Rent Adjustment Program

If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510-663-9240, or contact us online to discuss your legal rights.

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