Defense Of Wrongful Eviction And Habitability Claims

Our firm represents landlords in all areas of litigation, including defending landlords in lawsuits brought by their tenants in the Bay Area, and throughout California. If a tenant has sued you for wrongful eviction or claims that there are habitability defects in your property, we will evaluate the merits of the tenant's lawsuit, and assist you in defending yourself and protecting your rights as the landlord.

Defense Of Wrongful Eviction

A tenant can sue a landlord for wrongful eviction when the landlord attempts to evict the tenant without following all required legal procedures. Given the complicated nature of the state law and local ordinances, it can be difficult for property owners, especially one without an attorney, to fully comply with all laws regarding evictions.

Wrongful eviction lawsuits should be taken seriously and the failure to do so can be costly for a landlord. A tenant that is successful in wrongful eviction lawsuit may receive a significant monetary award to compensate them, including emotional distress damages and payments for future rent, as well as the potential for punitive damages. In addition, many local ordinances, including San Francisco and Oakland, have rules that may require a landlord to pay triple the tenant's losses.

Our attorneys are experienced with California eviction laws and Bay Area rent ordinances. We can evaluate a wrongful eviction case and determine the best course of action. While we may consider settling wrongful eviction case, we are also ready to fight for your rights all the way to trial.

Defense Of Habitability Claims

California law requires that landlords provide residential units that are habitable. A landlord can be liable for failing to provide or keep a residential unit in a habitable condition.

Common problems that may lead to a tenant's lawsuit based on habitability issues include:

  • Insufficient weather protection such as a leaky roof or broken window
  • Failure to provide sufficient heating or hot and cold running water
  • Unsanitary unit or building, including problems with trash, rodents or vermin
  • Failure to keep the unit and building in good repair, including the stairways and common areas
  • Insufficient electricity or poor electrical wiring
  • Appropriate security measures for the unit

If there are habitability problems with your unit, we can provide you with a strong defense in order to fully protect your property rights. We can also identify and handle habitability claims that are brought by tenants in order to gain a strategic advantage against the landlord.

Contact Zacks, Freedman & Patterson, PC for help defending a tenant's lawsuit against you.

The law limits the amount of time that you have to respond to a lawsuit. If a tenant has sued you, it is important that you discuss your case with an attorney immediately. To schedule a consultation, call 415-956-8100 or contact our firm online.