San Francisco · Wrongful Eviction
San Francisco Wrongful Eviction Attorney
San Francisco landlords have strong financial incentives to remove long-term tenants. When they do it illegally — through a fraudulent OMI, a sham Ellis Act, or by making your home unlivable — the Rent Ordinance gives you powerful remedies: treble damages, attorney fees, and relocation assistance on top.
What makes an eviction wrongful in San Francisco?
Under SF Admin Code § 37.9, a landlord cannot terminate a covered tenancy without one of 17 enumerated just causes — and the stated cause must be the actual, dominant reason for the eviction. An eviction is wrongful when:
The financial stakes are high on both sides. Long-term SF tenants are often paying hundreds or thousands less per month than current market rent. That gap — multiplied by years of expected tenancy, then trebled under § 37.9(f) — is what determines case value.
Common wrongful eviction scenarios
These are the patterns we see most often. If your situation resembles any of them, it is worth a conversation.
Owner move-in fraud
The landlord claimed they or a qualifying relative needed to occupy the unit as their principal residence — but never moved in, moved out before 36 continuous months, or re-rented the unit at market rate. This is the most litigated wrongful eviction type in SF.
Signals to watch for
- ·Unit re-listed on Craigslist, Zillow, or MLS within months of the eviction
- ·Owner or relative never moved in within 3 months of recovering possession
- ·Owner moved in but vacated before completing 36 continuous months
- ·Landlord failed to file required statements of occupancy with the Rent Board
- ·Same unit re-rented at market rate shortly after you left
Ellis Act abuse
The landlord withdrew the building from the rental market under the Ellis Act — but didn't genuinely go out of the rental business, re-rented units within the restricted period, converted to TICs or short-term rentals, or selectively withdrew only some units.
Signals to watch for
- ·Units were re-rented within the statutory restricted period
- ·Building was listed on Airbnb or similar platforms after withdrawal
- ·TIC conversion or sale happened unusually quickly after Ellis filing
- ·Not all units in the building were withdrawn — landlord retained some
Constructive eviction
The landlord didn't serve a formal notice. Instead, they made the unit unlivable — through neglect, harassment, or deliberate interference with housing services — until you felt you had no real choice but to leave.
Signals to watch for
- ·Heat, hot water, or utilities were cut off or left unrepaired for extended periods
- ·Persistent habitability conditions (mold, pest infestation, structural hazards) that the landlord refused to fix
- ·Repeated unannounced entries, contractor access without proper notice, or intimidation
- ·Amenities that were part of the tenancy — parking, storage, laundry — were removed
Unlawful rent increase to force a move-out
The landlord imposed rent increases far beyond what the Rent Ordinance allows — making the unit unaffordable and effectively forcing the tenant out without a formal notice.
Signals to watch for
- ·Rent raised above the allowable annual CPI-based amount for the relevant year
- ·Multiple increases imposed within a single 12-month period
- ·Passthroughs imposed without Rent Board certification
- ·Large rent increase followed closely after an attempt to negotiate a buyout
Sham capital improvement eviction
The landlord claimed the unit needed to be vacated for capital improvements or substantial rehabilitation — but the work was not actually necessary, was completed far faster than represented, or the unit was re-rented to a new tenant at market rate without giving the displaced tenant the right to return.
Signals to watch for
- ·Work described in the notice was minimal or not undertaken at all
- ·You were not given the required right-to-return disclosure
- ·New tenant moved in at a significantly higher rent shortly after the supposed work
- ·Permits obtained were inconsistent with the scope of work described
Notice with no valid just cause
The landlord served a termination notice without stating a valid just cause under § 37.9 — or stated a cause that wasn't actually the dominant motive for the eviction.
Signals to watch for
- ·Notice stated "lease expired," "month-to-month termination," or no cause at all
- ·Stated cause doesn't match the facts — claimed nonpayment when rent was current
- ·Notice was served shortly after you complained about repairs, filed a Rent Board petition, or exercised another tenant right
- ·Required Rent Board information form was not attached to the notice
What you can recover
A wrongful eviction under § 37.9(f) entitles the tenant to all of the following in a civil proceeding.
§ 37.9(f) · Mandatory minimum
Treble damages — not less than 3× actual damages
The Rent Ordinance requires damages of not less than three times actual damages for a wrongful eviction. This is not discretionary — it is a mandatory minimum once wrongful eviction is established. Emotional distress damages are trebled only where the landlord acted in knowing violation of or in reckless disregard of § 37.9.
Example damages calculation
Plus attorney’s fees recovered by court order. Hypothetical illustration — actual value depends on specific facts.
Actual damages
The rent differential between your controlled unit and comparable market housing, projected over your expected remaining tenancy. Plus moving costs, temporary housing, and emotional distress.
Attorney's fees & costs
The prevailing party recovers reasonable attorney's fees by court order. This is how Bowlay Law can take cases on contingency — you pay nothing upfront, and the landlord pays our fees when we win.
Relocation assistance (if unpaid)
For OMI, Ellis Act, demolition, and capital improvement evictions, relocation assistance was required at the time of the notice. Failure to pay — or underpayment — is a separate violation added to your recovery.
Injunctive relief
If you haven't left yet, a court can order the landlord to stop the eviction. Acting early matters — the sooner you call, the more options remain available.
Statute of limitations
Wrongful eviction claims are time-limited. The clock starts running from the date of the eviction — or, for some claims, when the wrongful conduct is discovered. Missing the deadline can bar an otherwise meritorious claim entirely.
General wrongful eviction
3 years
California statute of limitations for most § 37.9 claims. Runs from the date the tenant vacated.
Owner move-in (OMI)
5 years
Runs from the earlier of: (1) 3 months after possession is recovered, or (2) the date of the landlord's first statement of occupancy filing with the Rent Board.
Constructive eviction
3 years
Runs from the date of departure. The clock does not start until the tenant actually leaves.
Don’t wait to find out if you still have time.
The 15–20 minute screening call is free. If the deadline is approaching, the sooner Cody can evaluate the claim, the more time there is to build the case properly.
Evidence to preserve
Wrongful eviction cases are built on documentation. Start preserving evidence from the moment you receive a notice — or suspect your landlord is pushing you out.
Preserve the notice
Keep every version of any termination notice you received. Photograph it the day it is served. Defects in the notice — missing Rent Board form, no just cause stated, wrong lawful rent amount — can be the basis for defeating the eviction.
Document the unit's condition
Photograph and video the unit on or close to the date you vacate. Timestamp everything. This establishes baseline conditions for a constructive eviction or habitability claim, and rebuts any landlord claim that conditions were your fault.
Monitor the property after you leave
Check Craigslist, Zillow, and MLS periodically. Screenshot any new listings of your former unit. For OMI cases, check whether the landlord filed the required statements of occupancy with the Rent Board — these are public records.
Save all landlord communications
Texts, emails, letters — everything. Forward emails to a personal account. Screenshot texts. Write contemporaneous notes of any in-person conversations, including the date, what was said, and who was present.
Gather your rent history
Pull together rent checks, bank records, or receipts showing what you paid each month and for how long. The rent differential — your controlled rent versus current market rent — is the foundation of your damages calculation.
Note relocation assistance payments
For OMI, Ellis Act, demolition, and capital improvement evictions, the landlord was required to pay relocation assistance. Document exactly what was paid, when, and by what method. Any shortfall is a standalone violation.
How we evaluate your case
The free screening call is 15–20 minutes. These are the questions Cody will focus on:
How long have you lived there?
Longer tenancies mean a larger rent differential and more years of projected remaining tenancy — both of which drive damages up.
What does the notice say?
The stated just cause determines the legal theory and the evidentiary checklist. OMI, Ellis Act, and capital improvement notices each have specific requirements that must be met.
What is your rent versus current market rate?
The rent differential — multiplied over expected remaining tenancy, then trebled — is the core of the damages calculation.
What has the landlord done since the notice?
Whether the landlord followed through on the stated reason is often the most direct evidence of bad faith. A Zillow posting three months after an OMI can be worth more than any argument.
Have you received relocation assistance?
Required for most no-fault evictions. Unpaid or underpaid relocation assistance is a separate violation that adds to the total recovery.
Has anything changed at the property?
New tenants, new listings, renovation activity inconsistent with the stated purpose — all of this is evidence.
Think your eviction was wrongful?
The sooner you call, the more options you have. If you are still in the unit, a court order can stop the eviction. If you have already left, you may still have years to bring a claim — but building the case starts now.
No fee unless we win · Free 15–20 minute screening call · SF tenants only
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