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What rises to the level of a "nuisance" for the purposes of eviction?

San Francisco, CA |

I have a disagreeable relationship with my landlord (large building) who is known to make life miserable for all tenants. Last week I got into an argument with them in the office. This resulted in them actually physically injuring me. Right after that they gave me notice to vacate in 60 days, citing a "nuisance."

Attorney Answers 2

Posted

The nature of the nuisance must be specifically stated on the notice.

The City and County of San Francisco passed its Rent Ordinance limits rent increases for tenants in occupancy, and protects tenants from evictions in order to preserve low-cost housing in San Francisco. Tenants who are protected under the Rent Ordinance may not be evicted for no reason or any reason, but only based upon one of the enumerated "just causes", such as non-payment or rent, "nuisance", or owner-occupancy.

If you want to challenge an eviction based upon the notice you received, you are going to need to consult with a San Francisco tenant attorney.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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3 comments

Asker

Posted

I've consulted with several already and haven't learned anything new. I'm convinced that they have no case. They tried to do something equally crappy last year and lost at the rent board. A lot of neurotic behavior due to rent control.

Asker

Posted

What they stated in the notice is without basis. They claimed I "assulted" building tenants. I have *no* idea where they got such an outlandish allegation. There was absolutely no proof of that, they never sent me any notice of that. It's like they are totally fabricating it. I wrote back to the attorney asking for an explanation and got no answer.

Asker

Posted

I don't even know my fellow tenants, haven't had any interactions with them, nevermind "assult" them!

Posted

This may or may not be enough. Further, the notice should specifically state what the nuisance conduct is. Feel free to call me for a free consultation.

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1 comment

Asker

Posted

Just sent you a message!

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