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View Full Version : Help! What can I do about my wrongful eviction?


MsMarisha
Jul 31, 2011, 05:21 AM
I was renting month to month with roommates and no lease. I was late on my share of the rent, we moved in on the 16th, and it was the 27th (Wed). I had just got through discussing with the landlord that I would have my share that Friday, or I would move out, he agreed. Then his 86 year old mother burst into my room and said she was calling the police to get me out of the house, and proceeded to kick and claw my face. Because of her age, I wouldn't dare have her arrested for assault. I went to visit my dad and calm down, and to my surprise, when I came home an hour later, my things were out on the driveway. My roommates would only talk to me through the door, and I was told that I was evicted. I also was not allowed to pack my own things, and some things are missing. Now normally this wouldn't be a big deal. But me and my boyfriend, specifically moved into this house with an older gentleman friend of mine. He was not at home when this eviction took place.. only the new roommates were, who happened to have the smaller oroom, and sleeping three people in their 20s. ( I overheard them discussing who was getting my room as I was trying to move my things that
Night)
So my question is now, how do I go about getting my room back? Right now I'm staying at my dads temporarily and my boyfriend is with his family temporarily. We want our room/house back, and hopefully without the menacing trio we have as roomies!

AK lawyer
Jul 31, 2011, 06:05 AM
...
So my question is now, how do i go about getting my room back? ...

It's not going to happen.

You can sue in small claims court for your damages. If you can't prove specific damages, and I don't see that you can, many states have a statutory formula which establishes damages as a multiple of your monthly rent (say, for example, three times your rent).

You would sue your landlord. Under the circumstances you relate, I am not sure you whether you will be able to prove that the LL was the one who ousted you (as opposed to your roommates).

Fr_Chuck
Jul 31, 2011, 06:11 AM
First you should have called the police and reported her assulting you, the court can feel sorry for her age.

But now you sue for damages in court. But the issue is who sat your things out, the landlord or your room mates.

MsMarisha
Jul 31, 2011, 06:21 AM
The landlord told my roommates to set my things out and not open the door to me, that I was evicted. Him and his mother think they can just walk up in our house anytime they like. At least he is usually polite and knocks.

Fr_Chuck
Jul 31, 2011, 06:51 AM
Is it a "rooming" house, where you rent a bedroom and the front room and kitchen are common areas, if such, often the landlord has more freedom to come into common areas.

Next what is the zoning of the property, most rentals that have more than one family have to be zoned for that.

But you can sue for damages for a unlawful eviction That is what they are hoping for, most people kicked out, never do,
Then they will lie and say they did not do it, your roommates did it.
Next is each room mate paying their own rent ? Or is it one rent you share ?

MsMarisha
Jul 31, 2011, 07:14 AM
One rent we share. Technically I'm the one that rented the house, for me and Harry. Then an acquaintance, James, wanted to move in the 3rd bedroom, so we split the rent 3 ways. Then a young couple james knew started sharing his room with him. But its still split 3 ways, for each room.

ScottGem
Jul 31, 2011, 09:55 AM
You are not going to get the space back. If you had called the police when you were locked out, you might have. It's too late now. Nor do you really want to live in a place where the landlord doesn't want you.

But you do have a case for an illegal eviction. Tx law prohibits changing the locks to keep a tenant out. A landlord can't evict, only a court can. Since they did not follow the legal process of eviction, you can probably collect. Things like moving expenses, storage costs etc. So compile your costs or estimates and file in Small claims court ASAP.