Persistence Pays Off In Contested Eviction

by Chris on June 24, 2013

When a San Francisco tenant was served with eviction papers, she did what many tenants do — she contested the eviction.

In this case, the tenant claimed the landlord was discriminating against her due to her disability, raised complaints about the condition of the property, demanded a 45 percent rent reduction — and asked for an order allowing her to remain in the unit.

tenant screeningThe case was set for trial in front of a twelve-member jury.

Rather than go it alone, the landlord hired experienced real estate lawyers with Bornstein &  Bornstein. After arguing the landlord’s position in court, all twelve members of the jury voted in favor of the landlord.

Persistence paid off.

After the clear win, attorney Daniel Bornstein said, “After years of feeling victimized by the defendant’s conduct, the landlord finally recovered control over his San Francisco rent-controlled unit.”

When faced with a contested eviction, hiring experienced legal counsel like Bornstein & Bornstein makes sense. Otherwise, a landlord faces the risk of losing not only the eviction, but any claim for damages a tenant may allege — and wind up owing the tenant money. Getting help navigating the court rules saves time, increases the chances of a win,  and lessens the stress of prosecuting an eviction.

It also helps to give the lawyer — and the judge or jury — something to work with. Landlords who are in the habit of creating documentation, particularly tenant interactions and repair records, have the advantage when things get heated.

Another important tip: Don’t give a judge or jury reason to doubt, by neglecting properties or treating tenants unfairly. Your credibility in court is tied inextricably to your reputation and leasing practices.

 Bornstein & Bornstein has offices in San Francisco and Oakland.  Contact the firm at (415) 409-7611 or email Daniel Bornstein at daniel@bornsteinandbornstein.com.

This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only).

Click Here to Receive Landlord Credit Reports.

Disclaimer: The information provided in this post in not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

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