Why It Can Be Challenging for Tenants to File Unlawful Eviction Lawsuits

At Tenant Law Group, PC, we proudly represent clients throughout the greater Bay Area who need help defending their rights when dealing with difficult or greedy landlords. However, we also know that some tenant law cases can be more challenging than others, which is why we want to explain some of the difficulties that people sometimes encounter when they file unlawful eviction lawsuits.

First off, it’s important to note that lawsuits of any type cost money and take time. Lawsuits can also be mentally and emotionally draining the longer they play out in court. In addition to the cost of hiring an attorney to represent your best interests and help you navigate complex laws, the case may also become public record if you lose. It is important to note that the tenant is always the defendant in an unlawful eviction case and cannot file a cross-complaint for damages.

In all cases, the landlord must first issue a Notice to Terminate Tenancy before they can file a lawsuit, so it is always a better idea to deal with the dispute BEFORE a lawsuit is filed. A landlord is less likely to negotiate once they have hired an attorney to assist with an eviction.

Outside of a just cause for eviction, the landlord can evict the tenant for ANY nondiscriminatory, non-retaliatory reason with a 60-day notice for tenancies lasting one year or more, or a 30-day notice for tenancies lasting less than one year, as long as they follow the proper eviction proceedings. So if the tenant is arguing that the eviction was procedurally flawed, the landlord can just start the process all over again with 30- or 60-days’ notice. If the tenant lives in a just cause for eviction jurisdiction, it may make sense to fight the unlawful detainer action to preserve the tenancy, but litigation rarely improves the relationship between landlord and tenant and the landlord is likely to continue harassing the tenant.

If you are a tenant living in a rental unit and your landlord has filed a frivolous eviction action against you, then you need to consult with our experienced lawyers at Tenant Law Group, PC to get advice regarding your case. To request a free case consultation with an attorney at our firm, call (415) 915-7445 today.