Whatconstitutes retaliatory eviction?

Get Legal Help Today

 Secured with SHA-256 Encryption

Whatconstitutes retaliatory eviction?

A landlord has refused to lease to a tenant again and has demanded the tenant move at the end of the lease; the tenant asked for repairs that the landlord failed to make. Will a lawsuit brought by the tenant for this stand in a court of law?

Asked on January 26, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, there is a possibility depending upon the magnitude of the needed repairs to the rental that the landlord refused to make for the tenant that the termination of the tenant's lease could be a case of retaliatiory eviction. The case would be better if the tenant had advised the health department or the building and permit department of problems with the rental and the landlord then terminated the tenant's lease.

From what you have written, I cannot make an assessment of the legal validity of the tenant's intended retaliatory eviction case.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption