Having a place of your own is a great feeling to have. However, feelings of happiness can quickly be ripped away if you’ve been evicted. It’s important to understand what a wrongful eviction is and how you can fight against it. Losing a place that you’ve lived in is an understandably stressful time. There are many situations where a landlord may try to get away with a wrongful eviction. You have tenant rights that were created to help ensure you receive a safe place to live. Many personal property law cases have been won because someone was evicted in a wrongful manner. Here is how to help find out if you’ve been wrongfully evicted.
- Speak with a Lawyer
The first thing you’ll want to do is contact a lawyer. A lawyer that handles personal property law cases will have the legal knowledge to help you throughout your claim. You’ll find it wise to find out if any mistakes have been made during a landlord and tenant agreement. In certain states, a landlord needs to provide 60 days notice to vacate a tenant living on a property over a year. A property dispute mediation between a landlord and tenant can get confusing, it’s best to have a lawyer present. In certain states, a judge hears a case 20 days after a landlord or tenant has filed. You’ll want to ensure you have a lawyer representing you should your claim go to trial.
- Keep Evidence of Conversations and Transactions
You’ll want to ensure that any discussions between you and your landlord are documented. In addition, it’s wise to have a trail connected to the payments you’ve been making. Many people pay their rent with checks. If you’ve been paying rent with checks, you’ll already have proof that you’ve been a paying tenant. Proving in court that you’re a paying tenant can drastically help provide proof a wrongful eviction has taken place. Evidence plays a huge part in settling personal property dispute cases. In certain states, a lease agreement is only legal if both parties have signed a document for a specified amount of time.
- Landlord Utilizes Self Help Tactics for Eviction
A shady landlord may have you trying to believe they have the right to self help your eviction process. This tactic happens when a landlord, without receiving legal clearance, begins to alter your current living conditions. There are many instances where illegal self help by a landlord takes place. Common instances of self help including shutting off utilities, changing locks, and removing items without the proper legal right to do so. A landlord does have the right to withhold your property because they think they can.
- You Feel Your Landlord is Attempting Retaliation
Unfortunately, a tenant may find that there were drawbacks that the landlord neglected to mention. In other cases, a home may have simply worn down over time without having proper maintenance. No tenant should feel like they are bothering a landlord by mentioning a legitimate problem. Many personal property law cases are created due to fighting back against retaliation. A tenant has rights and part of those revolve around living in safe conditions. A wrongful eviction occurs if reporting those problems had caused the landlord to retaliate by evicting you.
In closing, many instances of wrongful eviction occur throughout the nation. It’s important that you know what to do if you suspect you’ve been wrongfully evicted. It’s wise to hire a lawyer that works with personal property law cases. Enlisting the help of lawyer ensures you have legal representation through all aspects of a property dispute. Keeping records of payments and conversations involving your landlord is wise to show you’re a quality tenant. No landlord, without proper legal documentation, is allowed to self help a dispute in order to get you out of a property.