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San Francisco Eviction Law Attorneys
As San Francisco wrongful eviction defense attorneys, the lawyers of Steven Adair MacDonald & Associates, P.C., handle more than 300 landlord-tenant disputes a year, many involving rent and eviction control issues. We have a combined 43 years of experience in landlord-tenant law in San Francisco and the Bay Area.
Improper eviction is common and costly. If a landlord loses in court, either on the merits of the case or because of a technical defect in the eviction process, he or she is financially liable for three times the tenant’s losses, plus the tenant’s attorney’s fees and possible punitive damages. It’s important to process an eviction correctly the first time.
Wrongful eviction is extremely costly to the landlord. If the tenant wins, damages are the difference between the rent the displaced tenant paid and is now paying, multiplied by the number of years he or she would have remained in the apartment, times three, plus potential emotional distress damages and attorneys fees.
Proper Eviction
There are 14 reasons for which a landlord can lawfully evict a tenant in San Francisco; seven relate to the behavior of the tenant and seven are landlord prerogatives. A tenant’s bad behavior can be used to terminate a lease even when a one-year lease is in effect.
The landlord or owner bears the burden of proof that the tenant’s behavior is cause for an eviction. A San Francisco wrongful eviction defense attorney at Steven Adair MacDonald & Associates, P.C., will assist owners in establishing nonpayment of rent (usually a straightforward action), nuisance, illegal purpose, or criminal activity (these can be quite difficult to prove, but if other tenants in the building will collaborate the landlord’s claims, the landlord should prevail).
Breach of lease covenants claims must be based on serious violations. Unapproved subletting, having too many roommates, and harboring pets are common actionable causes, but they can be complicated. Even rental agreements that are not in writing may have obligations in addition to payment of rent.
When a proper eviction action is not available, lease buyout is a legitimate option. Experienced mediators and negotiators, the real property lawyers of Steven Adair MacDonald & Associates, P.C., assist in lease buyout negotiations between landlords and lawful tenants.
Resolution of Conflicts
At Steven Adair MacDonald & Associates, P.C., we pride ourselves on achieving the best possible outcome for our clients in the most economical manner. The vast majority of cases do NOT go to trial. The two sides eventually reach an agreement and settle, perhaps with a lease buyout situation. Knowing this, we critically analyze our client’s situation to see if we can help them find an agreement earlier, rather than later, saving an enormous amount of time and money.
Creative solutions to complicated scenarios are our strong suit. When a landlord gets sued, our attorneys are often able to get their insurance company to provide a defense or to settle the case. This frees our client from the cost of the court case, which can be very high.
Our attorneys offer a variety of conflict resolution methods, including mediation, negotiation and litigation. Contact a San Francisco landlord-tenant attorney at Steven Adair MacDonald & Associates, P.C., for a free 20-minute consultation to review your case.
Steven Adair MacDonald & Associates, P.C.
San Francisco Eviction Law Attorneys
870 Market Street, Suite 500 | San Francisco, CA 94102
Telephone: 415-956-6488 | Fax: 415-956-8698
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The San Francisco Real Estate Law Attorneys at Steven Adair MacDonald & Associates, P.C., serve homeowners, landlords, and tenants in the San Francisco Bay Area, including those in the communities of Oakland, San Rafael, Richmond, Hayward, Alameda, San Mateo, Napa, Solano, Contra Costa, and Marin counties.