What are a tenant’s rights regarding an illegal eviction?

UPDATED: Jan 12, 2012

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What are a tenant’s rights regarding an illegal eviction?

I don’t disagree on why she was upset but she shut off our power and hot water with 3 children and 2 pregnant women in the house. She took the utilities out of my husband’s name put it in hers and shut it off. Can she do that? And can I file a claim against her now?

Asked on January 12, 2012 under Real Estate Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry.  Your landlord can not d what she did.  It is known as constructive eviction and you have to go down to court immediately and file an action against her and ask the court to allow you to pay the rent in to court.  Call the utility and explain what happened and that you are still living there.  Are you still living there?  It is unclear.  If you have already moved I would sue her for the moving expenses and seek legal help on what you ned in your state for a cause of action for harrassment.  Good luck.  

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