A. Tenants in San Francisco living in rent-controlled apartments have special and significant rights against their landlord if the landlord attempts to wrongfully evict them

            B. Wrongful evictions can occur under a number of circumstances including when a landlord engages in a retaliatory eviction. A retaliatory eviction occurs when a landlord’s eviction of the tenant or certain other adverse action against the tenant is motivated by an intent, to in effect, punish the tenant for their exercise of their legally protected rights. (See D below for damages recoverable if plaintiff can prove a retaliatory eviction).

            C. It is considered to be a wrongful eviction under the law, when a residential tenant, living in a rent controlled apartment, is evicted for grounds not approved by the San Francisco Rent Control Ordinance or in a manner not approved by the Ordinance. The following grounds and procedures would be considered “not approved”:

                        1.         Fraudulent owner occupancy

                        2.         Bad faith of the owner

                        3.         Insufficient statutory notice

                        4.         Other wrongful conduct of the landlord

                        5.         Retaliatory eviction

            D. Tenants in San Francisco are entitled to a number of significant damages not ordinarily recoverable by tenants and personal injury plaintiff’s in other actions. In San Francisco if it is determined that a tenant has been wrongfully evicted or the landlord has initiated illegal action the tenant is entitled to treble damages for actual damages that they have suffered. This means whatever actual damages plaintiff has suffered will be tripled by the court. Also, emotional distress damages under certain circumstances may be tripled by the Court.

                   Further, a wrongfully evicted tenant may be entitled to recover punitive damages (punishment damages) against the landlord. In addition, violation of the San Francisco Rent Control Ordinance and other statutes may very well lead to the recovery of attorney fees for the tenant. This can be a very significant factor because it puts extra pressure on the landlord to act appropriately and in the case of a lawsuit it puts pressure on the landlord to settle when the tenant is in the right.