Fighting A Wrongful Eviction (Continued)
When a landlord enacts a
wrongful eviction, they can open themselves up to a wrongful eviction lawsuit.
Some common signs that indicate a landlord is not following the law include:
- Threatening the health or safety of a tenant.
- Turning off heat, water, electricity or other utilities to the tenant’s rental unit.
- Physically or verbally threatening or harassing the tenant or their family.
If you suspect that your landlord has acted against state or local laws in the quest to evict you and you are interested in fighting the wrongful eviction, the first step is to ensure you have documented evidence of the wrongdoing and then contact an
real estate attorney.
Keep thorough records of all dealings with your landlord including:
- Copies of receipts for cash payment or canceled checks as proof of rental payment AND
- Written documentation of all complaints made with the landlord and any follow-up actions.
If you choose to move forward with a wrongful eviction lawsuit, contact an experienced real estate attorney at the earliest opportunity to assist you in understanding the rental laws that apply to your particular state and county of residence.
Real estate law is complicated and can vary from state to state. It is important to speak with an
eviction attorney who specializes in real estate law before making any hasty decisions. Whether you are a homeowner, landlord, or tenant, Whocanisue.com can help you find an experienced attorney
in your area.
A successful
wrongful eviction lawsuit may result in a halt in the eviction process, in addition to a monetary settlement or cash for legal fees and damages. Examples of successful wrongful eviction cases include:
More than 30 families successfully fought the Oakland Housing Authority’s attempt to evict them from their public housing units in 2006. The tenants’ wrongful eviction lawsuit helped many of the families to stay in their rental units without cost for two years. In addition, they won refunds on rent that had already been paid, plus cash for legal fees.
A jury in Tennessee awarded a mother and her four children a settlement of $860,000 in a wrongful eviction lawsuit against a landlord who unlawfully evicted the family and destroyed their belongings.
An
eviction attorney can assess your particular case and determine the best course of legal action and the likelihood of achieving a similarly successful settlement.