What can I do if my landlord is trying to evict me because I got injured due to him not repairing like I requested?

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What can I do if my landlord is trying to evict me because I got injured due to him not repairing like I requested?

Asked on May 14, 2012 under Real Estate Law, Idaho

Answers:

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

Answered 9 years ago | Contributor

You can sue the landlord for retaliatory eviction for trying to evict you because you were injured.  Retaliatory eviction means the landlord is retaliating against you and is evicting you for something that is not a breach of the lease.

Your lawsuit should also include a separate cause of action (claim) for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable landlord would have exercised under the same or similar circumstances to prevent foreseeable harm).  In order to prove negligence, you would need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause and damages.

Actual cause means but for the landlord not making the repairs, would you have been injured?  If the answer is no, actual cause has been established.  Proximate cause means are there any unforeseeable, intervening acts which would relieve the landlord of liability?  If the answer is no, proximate cause has been establihsed.  Damages means the amount of compensation you are seeking in your lawsuit.  The amount of damages for retaliatory eviction varies from state to state and may be limited by statute.  The amount of damages you can recover for negligence would include compensation for your medical bills, compensation for pain and suffering, which is an amount in addition to the medical bills and compensation for wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is determined by the medical reports which will document the nature and extent of your injury.  Compensation for wage loss is straight reimbursement.

You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever  in the matter.


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