Wrongful Endeavor to Evict

California law requires strict compliance with all procedures in an unlawful detainer (eviction) case. In jurisdictions that have eviction control, including Oakland and San Francisco, landlords must serve a proper eviction notice which states a “just” basis for evictions (e.g., non-payment of rent, nuisance, etc.). The owner must also act in good faith, without ulterior motive. The failed attempt to improperly recover possession equates to a “wrongful endeavor.” Therefore, if a landlord loses in court, either on the merits or because of a technical defect, he or she may be held liable for an affirmative claim for wrongful endeavor to evict.

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