Landlord harassment or wrongful eviction is something that San Franciscans are very familiar with. San Francisco recognized the need for laws to protect tenants from harassment or wrongful eviction, and responded by passing Proposition M in 2008. Rent in San Francisco continues to increase, and landlords are sometimes pressured to evict tenants in attempt to acquire new tenants and charge higher rent. Proposition M has empowered tenants, but an eviction attorney is still necessary if the case goes to court.
An Arrest Record
A landlord does not have the right to evict a tenant simply because the tenant was arrested on the premises. Many lease agreements have a clause that states no illegal activity is allowed on the premises, but being arrested is not an illegal activity in itself. For example, if a tenant is arrested on the leased premises for a bench warrant due to an outstanding parking ticket, that does not automatically give the landlord a right to evict the tenant. This applies to many arrests, and the tenant still has legal rights to maintain a residence, as long as no illegal activity happened on the leased premises. An eviction attorney is necessary for these types of cases.
Ellis Act Evictions
This act was created to give landlords the right to evict tenants if the rental unit building was no longer able to financially function. However, a landlord cannot use this type of eviction for specific tenants. If a landlord begins Ellis evictions, all tenants must be served the eviction notice. A landlord cannot evict a single tenant under the Ellis Act. A single tenant who receives a notice of eviction due to the Ellis Act needs to contact an eviction attorney as soon as possible. An attorney will be able to investigate whether the landlord is abusing the Ellis Act to remove a specific tenant in an attempt to sell the unit to another tenant with a higher rent.
