Did you move out of your home due to your landlord’s bad behavior or mistake? That can be a wrongful eviction and you can be compensated for it.
The word “eviction” often conjures images of court proceedings, locks being changed and sheriffs removing people from their homes. People commonly assume that to be evicted, the landlord must serve notices or court papers on the tenant, followed by a trial and a sheriff coming to change the locks. While this is certainly one way an eviction can happen, an eviction can also happen where conditions are so bad in the tenant’s home that the tenant has no choice but to move out, even where no notices, court papers or sheriffs are involved. These conditions can be caused by ongoing habitability and repair problems, rat and other vermin infestation, harassment by the landlord, substantial noise problems or construction and other issues. When forced to move out of their home under these kinds of conditions, a tenant can often sue the landlord and recover substantial money damages.
The typical way of thinking about an eviction is when the tenant is evicted by a sheriff after the landlord obtains a court judgment against the tenant. This process requires a notice, an unlawful detainer (eviction) lawsuit and a trial. Usually, when a situation progresses to this point, the tenant is prohibited from filing a lawsuit against the landlord for wrongful eviction because the court has already determined that the tenant should be evicted.
However, sometimes a problem occurs when a landlord acts or fails to act in ways that cause the tenant to have no choice but to move out, even where no notices are issued or served and no court action is taken. These situations can be considered evictions, too. There are many different problems that could cause a tenant to feel compelled to move out. Some of the most common include when a landlord fails to repair habitability problems, harasses the tenant, illegally increases the rent and causes or fails to control substantial noise problems around the rental property.
When a tenant is compelled to move out as a result of problems with the landlord, the tenant can often sue in court for money damages. These include compensation for losing possession of their home, rebate of paid rent (for example, where substantial habitability conditions went unrepaired), compensation for damage to or loss of property caused by the move and emotional distress damages, among others.
If you are facing intractable problems with your landlord, you may have claims for substantial monetary damages. Humphreys Joiner Law Group, LLP has successfully helped many tenants receive substantial compensation after being forced to move out as a result of problems with their landlords.