Quick Answer: Can My Landlord Evict Me If I Sue Him?

What can’t a landlord do?

A landlord cannot refuse to rent to persons in a protected class.

A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently.

A landlord cannot end a tenancy for a discriminatory reason..

Is it worth suing your landlord?

Typically, tenants sue their former landlords after they’ve moved out, usually over security deposits or another financial matter. However, sometimes you have to file a civil suit to get the attention of your current landlord. For example, if your landlord won’t make repairs, you may need to sue.

How much can you sue for security deposit?

You can sue for the amount of the security deposit that your landlord wrongfully withheld, up to the state limit. The maximum amount for which you can sue in California Small Claims Court is $10,000.

Can a landlord evict you for suing them?

Know Your Rights When Suing Your Landlord While things may be tense, your landlord can’t evict you without proper cause and an eviction notice while you are on the lease.

Can a landlord evict you for not liking you?

The law does not say the Landlord cannot dislike you, thus, he or she can refuse to rent to you or decide to evict you if they do not like you. … The law does not say the Landlord cannot dislike you, thus, he or she can refuse to rent to you or decide to evict you if they do not like you.

How much can I sue my landlord for wrongful eviction?

In California, punitive damages can be up to $100 per day of violation and at least $250 per separate violation. One of the main damages in a wrongful eviction lawsuit is the rent differential.

Do you have to pay the rest of your lease if you get evicted?

In the situation where a tenant is evicted, they are liable for the remainder of their lease. That is until the landlord re-rents the unit. For unpaid rent, up to the eviction, the tenant is responsible for that as well since the lease is a contractual obligation to pay rent.

How much money can you get for suing for emotional distress?

You can recover up to $250,000 in pain and suffering, or any non-economic damages.

Can a landlord evict you just because?

In California, a landlord can only evict a tenant for nonpayment of rent, damage to the property or a violation of the lease or rental agreement. … In that case, the landlord can evict the tenant with a 30-day or 60-day notice to quit without saying why the tenant must move out.

What counts as emotional distress?

Emotional distress may be exhibited by feelings of humiliation/shame, insomnia, depression, self-destructive thoughts, anxiety, stress, or another emotional response resulting from a traumatic event.

How do you deal with a mean landlord?

7 Tips for Dealing With a Difficult LandlordReview Your Lease Before You Sign. You want to make sure you are following the terms of your lease. … Research Local Laws. … Keep Records. … Pay Your Rent. … Maintain Respectful Communication. … Seek an Agreeable Solution. … Request Repairs in Writing. … What Do You Think?More items…•

How do you win a lawsuit against a landlord?

How to file a small claims lawsuit against your landlord or…Try to resolve the issue. If your tenant or your landlord has wronged you, your first course of action should be to try to resolve the issue before going to court. … Look up your state laws. … Find out Your state’s limits. … Determine whether you can use a lawyer. … Understand the terms. … Watch the clock. … File your complaint. … Wait.More items…•

How do I sue my landlord for emotional distress?

If you’re seeking damages for emotional distress caused by a landlord’s discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what’s involved in suing your landlord. You may file a lawsuit in either federal or state court.

What kind of rights do renters have?

Tenants also have certain rights under federal, state, and some local laws. These include the right to not be discriminated against, the right to a habitable home, and the right to not be charged more for a security deposit than is allowed by state law, to name just a few.