Pushing Back Against An Eviction Notice

As a renter in San Francisco or surrounding areas, it is important for you to be aware of your legal rights. If you have received an eviction notice from your landlord, there may be solid defense options available that would allow you to remain in your house or apartment.

Attorney James Coy Driscoll has been fighting for tenants' rights in a wide range of legal disputes since 1991. To learn how our legal team can help you if you have received an eviction notice or a notice to terminate your tenancy, please contact us online or call (415) 523-5591 to schedule an appointment to discuss your case.

When Can A Landlord Give An Eviction Notice?

In most cases, a landlord is required to give a tenant 30 or 60 days' notice to terminate a tenancy. Section 1161 of the California Code of Civil Procedure governs these situations.

Under section 1161, however, a landlord may be able to give you only three days' notice to move out in certain situations. The main one is holding over on the property after the end of the lease term. This also applies to violating provisions of the lease, failing to pay rent or committing sexual assault or domestic violence against another tenant.

Know What Your Options Are

If you have received a notice to terminate your tenancy and you wish to continue living in your home, attorney Driscoll can help you explore your legal options.

If you do not move within the specified time period and are unlawfully occupying the premises, the landlord may proceed with filing an unlawful detainer claim against you. In San Francisco and other cities, however, where local rent control and/or eviction control laws are in force, there are restrictions on the bases for landlords to evict.

In addition, there have been state and federal laws in recent years that sought to respond to the foreclosure crisis. The goal was to prevent unjustified lockouts and give tenants more notice before eviction or to stay until the end of the lease.

With so many laws potentially in play, it is important to seek legal counsel as soon as possible after you have received an eviction notice.

Protect Your Renter's Rights

There are a number of potential defenses against an eviction notice that may be able to help you remain in your home. For help asserting your rights as a tenant, contact us online or call (415) 523-5591 to schedule an appointment to discuss your situation with an experienced lawyer.