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In Massachusetts - many other states - the law prohibits a landlord from prosecuting a no-fault eviction soon after there are uncorrected code violations in the unit. There is an assumption that the tenant is being evicted in retailation for reporting the violations to authorities. The tenant can, however, be evicted for a reason, such as non-payment of rent.
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What is the remedy for a retaliatory eviction?
If you believe the eviction was retaliatory, then you must state that as an affirmative defense in your answer to the landlord's complaint for eviction. Since the laws can get quite complicated, I recommend you check with a tenant's rights group in your area for an attorney referral or look in the phone book for attorneys who give "free consultations."
What is an illegal eviction?
An illegal eviction is an eviction where the landlord did not follow the state statutory requirements on evictions. Requirements on evictions will vary from state to state.
What can you do if your landlord turns off your water?
A landlord turning off your water for any reason other than pre-scheduled maintenance is a textbook example of constructive eviction. So what can you do? Move out! But before moving out, you must give your landlord notice that you are leaving because of the lack of water. Carefully read the Related Question What is constructive eviction? below, and talk with a landlord-tenant law attorney or tenants' rights group immediately!Generally, water is part of your essential utility. If your rent includes water, inter alia, then your landlord may not turn it off for any reason other than repairs. It is illegal for landlords to turn off the utilities of a tenant for non-payment of rent or for any other retaliatory reasons. This is known as illegal eviction, also a form of constructive eviction.
What rhymes with diction?
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How do you get someone out of your apartment who isn't paying rent and doesn't have a lease with you or your landlord in Washington DC?
In order to remove someone from your apartment, you will need to obtain an eviction notice. Without an eviction notice, it is illegal to remove the person from the premises.
Would if you were thrown out of apartment without eviction and person has your belongingsWhat are my rights on getting stuff back?
Normally this is referred to as an illegal eviction. If this happens to you, you must call the police to force the landlord to give you back the apartment, for it is legally yours until proper eviction proceedings have been completed with a writ of ejection (writ of possession, etc.).
What rights does a tenant have in an unlawful self help eviction by the landlord that led to great bodily harm and disability of the tenant that now faces lawful eviction and needs more time?
We have three different issues here: an illegal eviction, which appears to have been resolved; an allegation that the illegal eviction has resulted in great bodily harm and disability by the landlord; and that now the tenant needs more time (for what? I presume to find another dwelling). It appears that the illegal eviction has been resolved, or the tenant would not be living on the property now and need more time. So this issue is cleared. Next, the tenant claims that during the illegal eviction the landlord has caused great bodily harm and disability to the tenant. This is an issue that needs to go to civil court for remedy. Now, the tenant states he needs more time - I presume time to find another place, now that a legal eviction process has begun. If the eviction process has begun due to lack of payment, there is no time that the court will give you to remedy this situation: you must follow the court's procedures in answering this eviction. In Florida, this means that the tenant will have to pay to the clerk of your court the amount of money the landlord claims the tenant owes them, in order to secure a court date. If the pending process result in a new month, the tenant will have to continue to pay the clerk's office the money that the tenant would've had to pay the landlord. If landlord wins the eviction, they will receive that money minus 14%.
Is it legal for landlord to show apartment during a eviction before it goes before the judge?
It's not illegal. It might be a bad idea, though.
Is a stay of eviction considered eviction?
No, a stay of eviction is simply a delay in the eviction process, which may be the result of a dispute, such as of how much rent to pay.
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?
Retaliatory tariff is?
A retaliatory tariff is a tax that is imposed by one country because Another Country increased their tax rate. This is an act that is done in retaliation.
Eviction because tenant filed housing complaint?
A landlord can evict you for ANY reason. But will he win? That's the real question!! Well it works like this: if you file a housing complaint and your landlord evicts you, and you can prove it's because of the complaint, then this is called retaliatory behavior on the part of the landlord, and you can fight the eviction, and most likely win. In many states you can then sue your landlord for damages of up to three months rent abatement, court costs and any attorney fees.
