Unlawful Eviction

Both federal and state laws exist to protect tenants against unlawful eviction. Laws can vary, however using harassment, intimidation, and physical violence in order to force a tenant out is unlawful in every state. Shutting off a tenant's utilities and/or barring a tenant from entering their property are also examples of unlawful eviction tactics. The only way to legally evict a tenant is by obtaining an official court order, and the rules for obtaining a court order must be followed exactly or the eviction case could be dismissed. Tenants who are victims of unlawful eviction can use legal means to regain access to their homes; they may also be able to sue the landlord for monetary damages. Tenants who have been unlawfully evicted should make a police report as soon as possible, and document any damage or injury with photographs. Any witnesses to the unlawful eviction may be called to testify in court.

Fast Facts

  • 524 reports of unlawful evictions were filed with the Rent Board in San Francisco, CA from March 1, 2008 to February 28, 2009.
  • In 2008, local and state homeless groups reported an estimated 61% percent rise in homelessness since the beginning of the foreclosure crisis in 2007.

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