In the vast majority of residential and commercial rental arrangements in Oakland, landlords and tenants are able to work together and to follow the laws when it comes to living in rental properties as well as when it is necessary for the landlord to ask a tenant to leave.
However, in some cases the landlord may not follow the correct procedures, resulting in the need to contact a wrongful eviction lawyer. In fact, before taking any action, consulting an attorney specializing in landlord and tenant laws in California is an essential first step.
What is a Legal Eviction?
There are a very prescribed set of steps that the landlord has to take when evicting a tenant. This is very different than if the tenant chooses to move out voluntarily. In virtually all cities and municipalities across the United States, the landlord has to file a lawsuit with the court, which is called an unlawful detainer suit.
There are very valid reasons that the landlord may have to evict a tenant. These could include:
- The tenant fails to pay rent or pays only partial rent
- The tenant is in violation of some other part of the written rental agreement.
In these two situations, the landlord will be required to give a specific amount of time for the tenant to become current with the rent or to correct the problem.
The final option is known as an “unconditional quit” which means that the tenant is being evicted without having the opportunity to correct any issues.
If you are unsure if the eviction was done according to the law, a wrongful eviction lawyer can review the case and provide you with an assessment. In many cases the landlord may try to:
- Lock a tenant out or remove their property without their knowledge
- Shut off heat, water, lights or electricity to attempt to force the tenant to move.
- Threaten attempt to make the tenant feel unsafe in the property.
Generally, this is done because the landlord has a personal issue with the tenant, or he or she believes that they can get more money by evicting the current tenant and relisting the Oakland property at a higher rate.
If you feel you have been evicted illegally, contact a wrongful eviction lawyer and ask for a case review. The attorney can discuss the merits of your case, including the monetary compensation you may be able to obtain through a lawsuit or out of court settlement.