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I am suing my landlord for unlawful eviction. how much can i sure for unlawful eviction?
Anonymous3 views2 answers
I resided in the Oakland residence for 2 years and 1 month. My landlord gave me a 30 day notice to vacate due to her relocating her business to my unit. Measure EE states that she could only evict if she was making my unit her primary residence and because I occupied the unit for more than 1 year, the landlord was supposed to give me a 60 day notice to vacate and not the 30 day notice that was given. For these reasons, i feel it was an unlawful eviction. Please advise if I'm correct and of how much i can legally sue for this illegal eviction.
If you prove that the eviction was fraudulent, i.e., she didn't have the intent to make it her primary residence, ie., for six months or longer, you may be entitled to certain treble damages under the statute. Treble damages include your relocations costs from the existing unit to the previous unit and the increase in rent you paid after you moved out of the previous unit.
Measure EE Section 7B also allows for recovery of punitive damages according to proof, as well as costs and attorney fees.
For informations purposes only; no atty-client relationship established herein.
