Avoid the unpleasant experience of losing your home through a wrongful eviction process by knowing how to spot the signs. Despite missing your rental payments or having a dispute with your landlord, there’s still a lawful process homeowners have to follow if they want to remove you from the property. If you don’t know your rights as a tenant or understand the appropriate legal procedures, you could find yourself out on the streets if your landlord isn’t willing to follow due process. Read this article to help you recognize the signs of wrongful eviction and give yourself time to figure out alternative housing.

What is Wrongful Eviction?

Imagine a scenario where your landlord suddenly tells you you have to leave the premises within 24 hours because they found a tenant willing to pay more. After deciding that their request is ludicrous, you ignore it, only to find them at your doorstep the next day banging on the front door and threatening to remove you with force.

Wrongful evictions don’t just apply to such extreme scenarios. It refers to any situation where a landlord removes a tenant illegally without following proper legal procedures. As a result, it can extend to asking you to leave based on discrimination, retaliation, or without a valid excuse. It also includes situations where the owners fail to give proper notice or use force to evict you.

Difference of Constructive vs Wrongful Eviction

By understanding the difference between constructive and wrongful eviction, you can avoid filing for a false claim. For instance, in a wrongful eviction, the landlord forces the tenant out illegally, and these evictions are recorded, so it’s important to check other options when finding housing.

On the other hand, in a constructive eviction, the tenant elects to move out, often because the property owner fails to address significant issues that make the property inhabitable. If you inform your landlord multiple times that the water heater is broken or the front door needs replacement, and they fail to do anything, you may have to leave for your safety and comfort. By ignoring your repair request to force you to quit your tenancy, the landlord would’ve constructively evicted you.

4 Signs of Wrongful Eviction

1.   Insufficient Notice

Find out how many days your state requires landlords to give tenants notice during an eviction. Without the right knowledge, a property owner could ask you to vacate the premises within 14 days, causing you to pack in a frenzy when you’re legally entitled to 30 days. It also counts as a wrongful eviction if your landlord uses an inappropriate notice. In other words, unless the eviction note comes with a court order, it is invalid.

2.   No Valid Reason

If you’re not sure why the property owner no longer wants you as a tenant, you’re entitled to ask for the specific reason if they don’t state it in the quit notice. The landlord can’t simply evict you because they feel like it, they need to have a valid reason like causing a nuisance, lease violation, or non-payment of rent. It’s essential to protect yourself from wrongful eviction by ensuring all transactions are documented properly.

3.   As Retaliation

Note when you have disputes with your landlord and over what. After a dispute, some property owners try to evict tenants they deem as non-compliant or simply don’t like for discriminatory reasons. As a result, asking the renter to leave could be a way for them to escape accountability. If you fall under a protected class, your landlord cannot legally remove you without a valid reason.

4.   Illegal Tactics

Take action against any landlord who tries to take the eviction process into their hands through illegal tactics. Some impatient property owners try to force tenants to leave the building by removing their belongings, turning off utilities, or changing the locks so they no longer have access to the apartment. This act easily qualifies as wrongful eviction aside from it being a major inconvenience.

Conclusion

Recognizing the signs of wrongful eviction can help you lawyer up when your landlord forces you out of your home. It’s essential to be able to differentiate between a constructive eviction and a wrongful eviction. In some cases, the tenants opt to leave because the landlord makes the property inhabitable, forcing them out of the house illegally.

If your landlord doesn’t give you sufficient notice or valid reason, you could have grounds for a wrongful eviction. It’s also essential to note that they can’t tell you to leave because of a dispute. If you suspect that your landlord is committing any of these, ensure you explore your legal options before filing for a lawsuit.