Under San Francisco rent control ordinances there are a limited number of reasons that a landlord can evict a tenant. Creating a nuisance is one. Nuisance is broadly defined by most landlords and usually narrowly defined by most tenants. If you have been accused of creating a nuisance and have received a three-day notice to quit (move out) alleging that you committed or permitted a nuisance where you live, time is of the essence, and you should take action as soon as possible.
Located in San Francisco, the Law Offices of James Coy Driscoll is here to help tenants facing a three-day notice to quit that alleges nuisance and an action of eviction or unlawful detainer based on alleged nuisance. Contact our San Francisco law office today to learn more about how we can help you assert and protect your renter's rights.
We Can Help You Assert Your Rights As A Tenant
If you have been served with three-day notice to quit alleging nuisance, we can help analyze the situation to see what the real issue may be. We know that sometimes landlords will invent reasons to evict tenants because they believe they can rent the unit to someone else for a higher rent. We can help you fight for your rights in this kind of a situation.
If the landlord has already filed an unlawful detainer (an eviction lawsuit), you only have five calendar days from when you are served with court papers to file a response with the court in writing. If you do not respond timely, you will lose automatically. If you have received court papers, contact our office immediately to see if we can help you save you tenancy and your home.
Did You Get An Eviction Notice?
Even if you have done the things that the landlord claims are a nuisance, they may not meet that legal definition or may have legal excuse or justification for your actions. If you receive a three-day notice alleging nuisance or a unlawful detainer (eviction lawsuit) claiming to be based on nuisance, contact our office immediately. Remember, the landlord's lawyer is not there to be fair or just; his job is to make you homeless, so the landlord can make more money by renting your place to someone else. Get legal advice from an attorney on your side, call the Law Offices of James Coy Driscoll.
In many instances, we are able to negotiate with landlords and their counsel, and rarely do these nuisance suits actually go to trial. We have also had success slowing down eviction proceedings by several months, by fully asserting your legal rights, which can give you time to find a new housing, if necessary.
It is important to note that after a landlord initiates eviction proceedings he or she cannot also continue to collect rent once the notice expires. Nuisance actions are often abused by landlords because unlike most wrongs done by a tenant, which can be fixed (e.g. unpaid rent, unapproved roommate, painting your apartment), in a nuisance action you don't have to give the tenant an opportunity to fix the problem.
Contact An Experienced Attorney
If you are facing a nuisance action, call (415) 523-5591 or contact our tenants' rights attorney online. The initial telephone consultation is free of charge. We are here to protect tenants' rights.