Landlord-Tenant Litigation

Bay Area Landlord/Tenant Dispute Attorney

Representation of Landlords

Landlords seeking legal representation with tenant disputes and eviction proceedings need an experienced attorney who is knowledgeable about the California landlord-tenant laws, San Francisco rent control, and eviction control provisions, including just cause evictions, owner-occupancy evictions “OMI” rent non-payment, nuisances, and breach of covenants such as lease subletting restrictions. Landlords do have substantial legal rights and procedural advantages even in strong tenants’ rights localities such as San Francisco, Oakland and other cities in Alameda County.

At MC Hall and Associates in San Francisco, California, we recognize the challenges landlords face in legal matters and aggressively represent them, at the same time providing practical and cost-effective advice. We represent parties negotiating for possession of rental units through voluntary buy-outs, and we represent plaintiffs and defendants in wrongful eviction lawsuits.

Careful Planning and Attention to Detail

Representing landlords in landlord-tenant disputes or litigation requires detailed and proactive planning and strict attention to detail, particularly in drafting legal notices to tenants in compliance with all applicable rent-control administrative and procedural requirements. That involves immediately identifying the various issues and facts. Even cases wherein new property owners seek to owner-occupy the dwelling can be extraordinarily difficult. We manage litigation in an efficient and cost-effective manner without taking shortcuts. We draft the initiating notice to terminate tenancy carefully because even a minor mistake can cause lengthy delays or have your case thrown out of court. A claim of wrongful eviction based on landlord conduct can result in costly litigation.

Experienced Legal Representation and Knowledgeable Advice

Landlord-tenant litigation is procedurally intensive and designed to be completed very quickly. Deadlines for filing pleadings, motion practice, and discovery are particularly short. Missteps can be costly and force litigants to start the process over again. Certain categories of residential tenants may be protected from eviction except in cases of non-payment or breach of contract. Landlords are not advised to represent themselves or use an attorney without substantial experience in this area of practice. They need reliable and accurate legal advice about how to approach contentious interaction with tenants. That is what we provide at MC Hall and Associates.

For more information or to schedule an appointment with an experienced lawyer regarding a landlord-tenant dispute, owner move-in, or serving an eviction notice on a protected tenant, please contact us.

Representation of Tenants

Property owners in the business of providing residential rental housing should strive to meet high standards in maintaining their property and professionally interacting with their tenants. California laws and municipal rent control ordinances provide extensive tenants’ rights and protections. At MC Hall and Associates in San Francisco, California, we will protect those rights.

Rights of Tenants

Tenants have many rights that prevent landlords from trying to recover property for themselves or a family member. Particular challenges exist in San Francisco and other rent-controlled jurisdictions. Many tenants are protected from recovery efforts because of a lengthy residence. Enhanced protection exists for the elderly (60 years or over), disabled, catastrophically ill, or tenants who have children living with them. While rent control has not kept up with inflation, landlords must still respect those laws and recognize the rights of their tenants. We invite you to learn more about the San Francisco Rent Ordinance.

Landlords Violating Tenant Rights

We represent clients in cases related to property conditions, wrongful evictions, and interactions with landlords or other tenants. Constructive evictions are often a point of contention between landlords and tenants and a violation of tenant rights. We have handled cases in which the property owner has attempted to force a vacancy by cutting off the tenant's utilities, poorly maintaining the property, or providing less-than-adequate services. Tenants may bring administrative proceedings before the San Francisco Rent Board or assert their claims by filing lawsuits.

Following the Law and Respecting Tenant Rights

For a landlord to legally initiate an eviction proceeding to recover the property, the landlord needs to be proactive in establishing legal just cause for eviction, planning for unlawful detainer litigation and assuring that all tenants’ rights and protections have been afforded.

Contact Us

Under California rent law, a tenant can bring suit to recover damages and attorney fees. For more information or to schedule an appointment with an experienced lawyer regarding your tenant rights against wrongful eviction and an owner move-in, please contact us.