Many people wrongfully believe that landlords can easily evict problem tenants. However, as most area landlords and San Francisco eviction lawyers know, the eviction process is actually fairly complicated. It can be difficult and expensive to get rid of a problem tenant, which makes some landlords hesitant to pursue eviction.
What makes evictions so difficult? Well, evictions must follow a very specific process in an eviction. Landlords have to follow rules about notice and timing rules for an eviction process. In addition, if the eviction is based on a cause that is more difficult to prove than a non-payment-of-rent-scenario, the court may expect very specific proof from the landlord, because the tenant lives in the contested property. Fortunately, landlords can hire the services of an eviction lawyer if they are facing a battle over an eviction.
When should a landlord consider hiring an eviction lawyer? A lawyer can be helpful in any eviction scenario, and may even coach a landlord on how to handle a do-it-yourself eviction procedure. However, if any of these special circumstances exist, a landlord should definitely consider getting a lawyer:
- The landlord has not previously evicted a tenant;
- The tenant is alleging retaliation or discrimination;
- The tenant is fighting the eviction with a lawyer;
- The tenant or tenants have an underlying legal dispute like a bankruptcy or divorce that could impact the lease;
- The property is regulated under a rent control program;
- The property is part of a housing assistance program; or
- The landlord also has another relationship with the tenant, such as employer-employee.
As a landlord, any errors you make in the eviction process can end up being critical ones, as landlords can face heavy penalties for unlawful eviction actions. If you have any questions about an eviction, you should consult with a San Francisco eviction lawyer before you proceed with the eviction.
