If I am getting evicted, is there anythingthat Ican do?

UPDATED: Oct 6, 2011

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If I am getting evicted, is there anythingthat Ican do?

I am getting evicted for calling the police on someone who forcefully entered my home and attempted to assault me. I had previously told this person not to come to my house. They were not a guest. Is there anything i can do about this? There have been no other incidents involving the police to date.

Asked on October 6, 2011 under Real Estate Law, Arizona


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue the landlord for retaliatory eviction. Retaliatory eviction means you are being evicted for something that is not a breach of the lease. You certainly have the right to call the police when someone breaks into your home and attempts to assault you.  It would be advisable to contact a landlord/tenant attorney to represent you.  The amount of compensation you can recover in your lawsuit for retaliatory eviction varies from state to state.

Retaliatory eviction can also be asserted as a defense when you are being evicted for something that is not a breach of the lease such as exercising your rights as you did in this case by calling the police when someone broke into the house and attempted to assault you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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