How to sue for wrongful eviction?

Question Details:

My mother is behind on rent; landlord changed the locks 3 weeks ago and is refusing to allow her on property. Before she is allowed to get her personal property he is requiring a promissory note. She was not given 3-day notice nor has she been served with legal eviction papers. According to the sheriff's dept this is illegal. Landlord has stated he does not care about the law. Contacted several attorneys; she does not have the funds for retainer. Legal Aid is looking at case. Can she file a suit in small claims court for wrongful eviction without an attorney?

Asked 11/7/2009 under Real Estate | 484 View(s) | More Legal Topics

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Real Estate Law Answers

She should be able to file in small claims court, or in housing court, if your town or city has one. (Some do.)

When she does file, she should be sure to sue for all costs incurred as a result of landlord's illegal action, including her cost to live somewhere else, expenses for anything she had to replace or pay because she did not have access to her own belongings, etc.

She should also call the state bar association. Many bar associations facilitate their members performing pro bono (charitable or free) legal work and could possibly make a referral to an attorney who would help take on her case. Also, depending on her age, she might try contacting AARP--they might have attorneys who would help the elderly who have been evicted, or be able to make a referral to some group that does.

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