When you are evicted, your landlord ends your tenancy and asks you to leave the property. However, not all evictions are legal. Your landlord must follow your state’s eviction process—which typically involves filing documents with the court, meeting notice requirements, and attending a series of hearings. If your landlord does not follow the correct procedures, you can fight the eviction.
While landlord-tenant laws vary dramatically from state-to-state and city-to-city, they typically prohibit:
A wrongful eviction occurs when a landlord ignores landlord-tenant laws and takes matters into its own hands. A wrongful eviction may involve a landlord:
You can file a lawsuit if your landlord does not follow your state or city’s eviction laws. You may also have civil claims involving trespass, assault, battery, and other offenses. Finally, you can press criminal charges if your landlord becomes violent, threatens you, or steals your personal property.
If you are successful, the court may award:
Depending on your state’s laws, your damages may vary. If you have questions about compensation for a wrongful eviction, contact a lawyer for personalized advice.
While your landlord can dispute the accuracy of your allegations, non-payment of rent, the tenant’s poor behavior, or other violations of the lease are not a defense to a wrongful eviction claim.
If you were wrongfully evicted, contact an experienced real estate lawyer for help. Landlord-tenant laws vary dramatically from state-to-state. A lawyer can help you evaluate your circumstances, apply the correct legal standards, and help you receive fair compensation.
Last Modified: 09-25-2017 02:32 AM PDTLaw Library Disclaimer
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