Call today to schedule a free initial consultation

Phone :415.835.6777

Areas of Practice

Our Office Location

Bracamontes & Vlasak, P.C.
220 Montgomery Street
Suite 870
San Francisco, CA 94104
Phone: 415.835.6777
San Francisco Personal Injury

OAKLAND JUST CAUSE EVICTION

The Bay Area is full of lawyers. There are no shortage of them who handle cases involving landlords and tenants. However, at Bracamontes & Vlasak, P.C., we are aligned exclusively with tenants. We focus our efforts on the rights of tenants. Oftentimes, landlords and property-owners have power and resources that far outweigh tenants. Our experienced attorneys work to level this imbalance.

Under the Oakland Just Cause for Eviction Ordinance (Measure EE) a landlord can only evict a tenant with just cause. This means that for applicable units the landlord can only evict a tenant based on one of the grounds enumerated in the Oakland Rent Ordinance. However, just because the Ordinance indicates specific and exclusive grounds for eviction in Oakland does not mean that landlords will not pursue evictions for other reasons, such as the monetary incentive of having the unit vacant or selling the unit free of tenant’s rights. When an eviction lacks just cause, an experienced attorney is a valuable ally. If you have questions about whether your Oakland apartment or home is subject to just cause requirements for eviction, please give us a call.

Contact the attorneys of Bracamontes & Vlasak, P.C., at 415.835.6777 today.

Pretextual Evictions And Just Cause Requirements

The Just Cause provision of the Oakland Rent Ordinance states that “no landlord shall endeavor to recover possession, issue a notice terminating tenancy, or recover possession of a rental unit in the City of Oakland unless the landlord is able to prove the existence of one of the [ . . . just cause] grounds.”

In addition, the Ordinance provides tenants with the right to sue landlords for wrongful eviction and substantial damages when just cause provisions are not met: Section 8.22.370 of the Oakland Rent Ordinance provides that “[w]henever a landlord or anyone assisting a landlord wrongfully endeavors to recover possession or recovers possession of a rental unit in violation of Subsection 6(A) [8.22.360 A], the tenant or Board may institute a civil proceeding for injunctive relief, money damages of not less than three times actual damages (including damages for mental or emotional distress), and whatever other relief the court deems appropriate.” Oakland Rent Ordinance § 8.22.370(A)(2). Further, the Ordinance provides that the “prevailing tenant shall be entitled to reasonable attorney’s fees and costs pursuant to order of the court.” Id.

The provisions of the Oakland Rent Ordinance additionally “create liability for a range of conduct,” including failing to provide habitable premises. Rental Housing Ass’n of Northern Alameda County v. City of Oakland, 171 Cal. App. 4th 741, 767 (2009).

Holding Oakland Landlords Accountable For Illegal Practices

Since there’s rent control in Oakland, landlords are often monetarily incentivized to have long-standing, rent-controlled tenants move out, so that they can raise the unit to market rate. Landlords may also attempt to force rent-controlled tenants out by harassing them or refusing to make repairs and hoping they move out on their own. Both methods are disallowed by the Oakland Rent Ordinance.

http://www2.oaklandnet.com/oakca1/groups/ceda/documents/policy/dowd008116.pdf

If you are subject to an unlawful eviction, please Contact an experienced Oakland tenant attorney at BV Law today for a free consultation, or call us at 415.835.6777.

images

Personalized Attention. Proven Attorneys. We Fight For Our Clients.

Call today to schedule a free initial consultation

415.835.6777 Phone

Se Habla Español

We Evaluate Your Case For Free.