What are a tenant’s rights in the case of an illegal eviction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a tenant’s rights in the case of an illegal eviction?
We weren’t staying in our apartment due to bedbug infestation; the landlord was responsable for taking care of it. We went there a couple nights ago to get some of our belongings and the locks had been changed and all our stuff was gone. The neighbors said he threw everything out on the curb. There was a 3-day demand notice on our door but we never went to court. What evidence should Igather before I take him to court? We have already filed a police report. Should we speak to an attorney specializing in land-tenant matters? In Broome County, NY.
Asked on September 26, 2010 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Definitely speak with an attorney, preferably one with landlord-tenant experience. If a landlord evicts you improperly, such as by changing the locks himself, not going to court to get a judgment of possession, etc., he's acted illegally and may be liable to you. You potentially could recover the value of lost or damaged goods; the cost of temporary rental or a hotel, as well as moving and storage; even possibly get an order forcing him to let you back into the home.
Furthermore, you can't be evicted, legally or not, simply because you were staying at some other premises; as long as you're paying your rent and honoring other lease terms, it doesn't matter whether you're staying in your apartment full time or are temporily traveling, visiting, or otherwise staying elsewhere. So unless you breached your lease, your landlord would not even have had grounds to evict in the first place, as well as the fact that he may have carried it out improperly.
You could also go to court to get an order forcing the landlord to remediate the bed bugs.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.