Each time my clients would complain to the owner about the habitability issues, according to court documents, the owner would threaten to evict the family, verbally harass them, and blame them for the defects at the property,
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SAN FRANCISCO January 05, 2018
Attorney Steven Adair MacDonald, founder of Steven Adair MacDonald & Partners, P.C., recently reached a settlement (Case No. CGC-17-557159, filed in San Francisco Superior Court) for his clients who were evicted from their home just days before Christmas in 2016.
According to court documents, the family (plaintiffs) lived in a single family home in which an illegal in-law unit was built, and experienced extreme habitability issues from the start, including insufficient electrical amperage that caused the power to go out whenever the downstairs tenants used electricity, mold, and pest infestation. Court documents further allege that portions of the unit were built without permits, were not code-compliant and were in violation of the health and safety and building codes.
“Each time my clients would complain to the owner about the habitability issues, according to court documents, the owner would threaten to evict the family, verbally harass them, and blame them for the defects at the property,” said attorney for the plaintiffs MacDonald, who has 35 years of experience representing both landlords and tenants.
The plaintiffs, court documents state, eventually complained to the San Francisco Department of Building Inspection (DBI) regarding the premise and the DBI issued notices of violation (NOV) for the property, and following the NOV, the owner emailed the plaintiffs a deficient, illegal, and retaliatory “60-day eviction notice.” Moreover, according to court documents, the owner began harassing the family on a daily basis — yelling at them, entering the property without notice, refusing to fix a broken security gate, cutting off water service — in a pattern and practice allegedly deliberately aimed at forcing the plaintiffs out of the home.
Unable to take the daily harassment, the plaintiffs were constructively evicted from the unit and then moved into a smaller, more expensive unit. Court documents state the landlord refused to return the plaintiffs’ security deposit and instead attempted to collect $800 in “utilities.”
About Steven Adair MacDonald & Partners, P.C.
The MacDonald firm represents both landlords and tenants in all forms of litigation in San Francisco and throughout the Bay Area, and employs a team of aggressive landlord-tenant experts. The firm handles cases involving evictions, rent-control disputes, habitability issues, commercial landlord-tenant disputes, short-term-rental issues and more. For more information or a free consultation, please call (415) 956-6488, or visit http://www.samlaw.net. The law office is located at 870 Market Street, Suite 500, San Francisco, CA 94102.
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