Responding To An Eviction Notice

If you have received notice from your landlord that your tenancy will be terminated, there are many things you should know. At the Law Offices of James Coy Driscoll, we know that the law is a powerful tool — we use our knowledge of tenant law to fight for clients' rights and their homes.

To talk to attorney James Coy Driscoll in a free telephone consultation, call us at (415) 523-5591, or contact our San Francisco law office online.

Does Your Landlord Have A Valid Reason For Trying To Evict You?

When a landlord decides they want a tenant to move out, under rent control they can only do it for 1 of 15 reasons. If a tenant is doing something wrong — not paying rent, for example — the landlord must give a three-day notice to demand payment of rent. Then, before a tenant can be evicted, the landlord must file a lawsuit, called an unlawful detainer, and must win the lawsuit in court.

A tenant may also be evicted in an owner move-in situation, in which the owner of the property moves into the tenant's space. However, the landlord must give a 30-day notice for tenants of less than a year or less, and a 60-day notice to tenants of more than a year.

We Can Help You To Push Back

There are many ways to defend against these types of evictions. Don't give up; call the Law Offices of James Coy Driscoll at (415) 523-5591 or click here to send us an email.

If you have received an eviction notice, don't wait. Call the Law Offices of James Coy Driscoll. There may be several options in your case to help you stay in your home and protect your tenants' rights.

Don't talk to the landlord's attorney. The landlord's attorney may try to get you to admit to things that can harm your case. The landlord's attorney is on the landlord's side; get us on your side! Contact us immediately if you have received an eviction notice.

Landlords Will Try Anything To Get A Tenant Out…

In San Francisco, a landlord can evict a tenant for 1 of 15 reasons. All of the tenant-fault-based grounds for eviction (such as nonpayment of rent) require that the tenant be given at least three days to fix the problem, except if the tenant is committing a nuisance. In that case no opportunity to fix the problem is required to be given to the tenant. However, landlords will try to get creative and classify certain acts as a nuisance that really aren't so that they can evict long-term tenants from their homes and raise the rents.

If you have received an eviction notice for supposedly committing a nuisance — or any other reasons, contact us right away. We may be able to help you preserve your home and your rights.

A Landlord Cannot Lock You Out Of Your Home

At the end of a three-, 30-, or 60-day notice, it is illegal to lock a tenant out of, or force a tenant out of his or her home, with a single rare exception. If a landlord wants a tenant to move out, an unlawful detainer lawsuit has to be filed by the landlord, and he must win in court before you can be evicted.

Do you believe you were illegally evicted? Visit our unlawful detainer page to learn more.

Contact An Experienced Lawyer

Attorney James Coy Driscoll has been a tenants' lawyer since 1991, and is ready to help you deal with an eviction notice or termination of tenancy. We will use the law to help you protect your home and your tenants' rights.

For a free telephone consultation, please call our San Francisco, California, law office at (415) 523-5591, or contact our tenants' rights attorney online.