Practice Areas
Los Angeles Eviction Attorney Philip Shakhnis
Los Angeles eviction attorney Philip Shakhnis has successfully litigated fraudulent eviction cases and has obtained substantial monetary recoveries. Philip Shakhnis puts together a team that consists of an economist and real estate appraiser to clearly and effectively explain to a jury the substantial monetary losses experienced by a tenant evicted from a rent-controlled apartment.
Rent Control Laws Protect Tenants
To protect the ability of low and middle income tenants to remain in their homes of many years, several cities in California have in place rent control laws that place limits on a landlord’s ability to raise the rent. These laws also protect a tenant’s right to remain at a property that has become their home. As long as a tenant remains a good renter who timely pays the rent and complies with applicable rules, s/he cannot be evicted.
Some Landlords Violate Rent Control Laws
Some landlords however try to get around the rent control laws by evicting tenants under false pretenses. Under most California rent control laws, a landlord can evict a tenant if the landlord in good faith (or his immediate family) intends to move into the apartment, if they seek to have a manager move in or if they seek to go out of business. Some landlords illegally evict tenants by falsely claiming that they are evicting for one of these reasons and then simply re-rent at the higher market rate after the old tenants move out.
Losing a Rent-Controlled Apartment Can Cause Serious Hardship
For tenants of rent-controlled apartments, an eviction can cause serious injuries. Many tenants simply cannot afford to rent a comparable apartment in the vicinity. Thus, many tenants are forced to leave their friends and community of many years and relocate to a less desirable apartment and often at a higher monthly rent.
Landlords Who Fraudulently Evict Are Subject to Substantial Penalties
California law recognizes that a tenant’s damage from a fraudulent eviction is calculated by the difference between the rent paid by the tenant at the time of eviction versus the higher market rent charged by the landlord after the eviction. This monthly difference in rent is then multiplied over the expected future length of the evicted tenant’s residency. In other words, if the tenant proves that s/he would have resided at the apartment for another 10, 20 or 30 years then the evicted tenant can recover the rent difference for all of those years.
Landlord Lockouts: Landlords Cannot Evict Tenants Without a Court Order
Landlords at times simply change the locks and illegally lock tenants out of their rented homes or apartments. A landlord lockout such as this is illegal. If there is no court order a landlord cannot force a tenant to move out. Tenants are entitled to sue for illegal lock-outs and can recover for loss of personal items, property damage, emotional distress, motel or hotel expenses and any other resulting injuries.
First Steps to Take to Protect Your Rights
If you suspect that your landlord has fraudulently evicted you from your rent control apartment you should take the following steps:
- Stop by your old apartment building to see if there is a “For Rent” sign within the first six months after you moved out.
- Try to confirm if the landlord, family members, or apartment manager actually moved into your old apartment.
- Contact an attorney to discuss your legal options.
Verdicts & Settlements
$350,000 – Fraudulent Eviction
Tenants resided in four rent-controlled apartment units in the San Fernando Valley. They were evicted on the pretense that the landlord intended to demolish the building and build a condominium complex. After the tenants moved out the landlord undertook renovations and re-rented their apartments at a substantially higher market rate. The eviction was wrongful and violated the Los Angeles rent control ordinance.
$280,000 – Fraudulent Eviction
Tenants resided in two rent-controlled apartments in Los Angeles. They were evicted on the pretense that the landlord intended to personally occupy of the apartments and install an apartment manager in the second apartment. After the tenants moved out, the landlord did not move in and there was no apartment manager at the property. Rather, the tenants’ apartments were re-rented at a substantially higher market rate. The eviction was wrongful and violated the Los Angeles rent control ordinance.
$160,000 – Fraudulent Eviction
Mother and daughter resided in a rent-controlled apartment in the Hollywood area. They were evicted by their landlord on the pretense that an apartment manager was going to move into their old apartment. Instead, the landlord re-rented the apartment at substantially higher rent. The new tenants were not hired as managers. The eviction was fraudulent and undertaken to enable the landlord to illegally charge a higher rent for the apartment than otherwise allowed.
$125,000 – Fraudulent Eviction
Middle-aged woman who had resided in her apartment for over 10 years was evicted on the pretense that an apartment manager was going to move into her old apartment. The new tenants were not hired as managers. The eviction was fraudulent and illegal and forced the woman to move out of Los Angeles to find affordable rental housing.
$110,000 – Fraudulent Eviction
Woman resided in a rent-controlled apartment for over 10 years. The owner evicted her under the pretense that he was personally going to move into her apartment. The owner however did not move in but instead began to advertise the apartment for rent at the market rate. The woman was forced to live out of her car and with various friends.
Have You Been Fraudulently Evicted?
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