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You can only sue in small claims court for damages. Landlord and tenant cases are only opened by landlords, not the tenant. If, under constructive eviction clause, you exercise your right to move out of that property and the landlord keeps your security deposit and any other payments you made before moving into the property - except for the first months rent unless that's when you're moving out, then you have the right to sue the landlord to reclaim that money.

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Q: Can a renter sue in small claims court for constructive eviction?
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Related questions

Can someone be evicted in court despite having moved due to constructive eviction?

If the court agreed that there was constructive eviction, then it doesn't make sense they would support a landlord's pursuit of eviction. The tenant should present to the court the basis of the claim of constructive eviction.


Can the renter move after the eviction if filed and not go to court?

Even if you move, if you do not answer the eviction complaint, a default judgment will be entered against you without any further notice.


What do you do if a person renting a home from you filed bankruptcy?

If the renter can still make payments you do nothing. If the renter defaults on more than one payment, then file for court eviction unless you want to make special arrangements with the renter.


If a landlord filed an eviction then dropped it before the court date is it still on the renter's record?

No. But it may still be in the court records forever, filed under the names of the parties.


Is the renter responsible for court costs due to landlord eviction?

If the eviction was based on some breach by the tenant, then yes. If it was brought by the landlord simply because he wants the apartment back, or if the landlord lost the case, then no.


How can you get your apartment back after an legal eviction?

He can sue you in small claims court for the arrears


In a commercial eviction does the landlord need to apply to a court for an eviction notice?

in a commercial eviction does the landlord need to apply to a court for an eviction notice?


Can i File a lean for a renter not paying rent?

Take them to small claims court. A lien would be against yourself since you own the property.


If you don't owe money on an eviction and it didn't go to court can you rent an apartment?

Most landlords have background checks ran on the potential renter. Also references are a good thing to have, there should be no reason for not renting.


How to break my lease with my roomate and landord due to roomate not paying their half of the bills?

Small claims court may be your answer. Eviction will need legal help.


Can you put a lien on property for collecting security deposit?

The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.The renter must sue the property owner in court and win. Then the renter can request a judgment lien from the court. The renter should also contact the local landlord/tenant agency first to find out about their rights as a renter in their particular jurisdiction. The agency may be able to help obtain a refund if one is due.


How do you respond to an eviction letter?

Appear in court to contest the attempted eviction or settle with the landlord.