In San Francisco, a wrongful eviction is, in its simple terms, an eviction without legal ground. In other words, to be wrongfully evicted is to be evicted without proper reasons given for the eviction, making it invalid in the eyes of the law as per Avvo.
This is fundamentally different from, say, a constructive eviction, wherein you aren’t officially evicted, but some circumstances have made you leave the premises and no longer be able to return, effectively terminating your lease and declaring your stay on the landlord’s property effectively ended.
In this case, however, these circumstances aren’t your fault. If your landlord has turned off your water, your power, and even stripped you of a roof or some other basic necessities, you can no longer use that home to support yourself, and have been evicted not by force, but else how.
There are a few reasons why you may be wrongfully evicted, and a few ways to tell that your eviction was, indeed, wrongful.
You Were Physically Evicted
The basic premise of being wrongfully evicted is that the eviction has already happened, and you have zero access to your home. It isn’t the threat or attempt of an eviction that counts as a wrongful kind of eviction, but the actual eviction of a person or family from a home without proper reason.
There Have Been No Complaints Lodged Against You
If it wasn’t something you were directly accused of by the landlord, then perhaps the eviction might have been caused by direct, repeated and increasing reports and complaints of disruptiveness and disturbance on your part.
If, however, your neighbors have absolutely nothing to say against you, that only further strengthens your case that there was no reason for an eviction – or at least, no legally valid one.
In the end, it may very well be that your eviction was the result of discrimination, or an attempt to get you to leave in order to offer the property to someone paying a better price, without waiting for your lease to end. Both of these things are illegal, meaning you are within your rights to pursue legal action against such wrongful eviction through the services of a local Californian law firm such as Elke and Merchant.
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